The Board of Supervisors finds as follows:
A. Certain airport hazards, as defined, in effect reduce the size of
the area available for landing, takeoff, and maneuvering of aircraft,
thus tending to destroy or impair the utility of the Pocono Mountains
Municipal Airport and the public investment therein;
B. The creation or establishment of an airport hazard, as defined, is
a public nuisance and may injure the region served by the Pocono Mountains
Municipal Airport;
C. It is necessary in the interest of public health, public safety and
general welfare that the creation or establishment of airport hazards,
as defined, be prevented;
D. The prevention of these airport hazards, as defined, should be accomplished,
to the extent legally possible, by the exercise of police power without
compensation; and
E. Both the prevention of the creation or establishment of airport hazards,
as defined, and the elimination, removal, alteration, mitigation or
marking and lighting of existing airport hazards, as defined, are
public purposes for which political subdivisions may raise and expend
public funds and acquire land or interests in land.
Words and phrases used in this article shall have the meanings set forth in this section. Words and phrases not defined in this section but defined in Article
III shall be given the meanings set forth in said article. All other words and phrases shall be given their common, ordinary meaning, unless the context clearly requires otherwise.
AIRPORT ELEVATION
The highest point of an airport's usable landing area measured
in feet above sea level. The airport elevation of the Pocono Mountains
Municipal Airport is 1,916 feet.
AIRPORT HAZARD
Any structure or object, natural or man-made, or use of land
which obstructs the airspace required for flight or aircraft in landing
or taking off at an airport or is otherwise hazardous as defined in
14 CFR Part 77 and 74 Pa.C.S.A. § 5102.
AIRPORT HAZARD AREA
Any area of land or water upon which an airport hazard might
be established if not prevented as provided for in this chapter and
Act 164 of 1984 (Pennsylvania Laws Relating to Aviation).
APPROACH SURFACE (ZONE)
An imaginary surface longitudinally centered on the extended
runway center line and extending outward and upward from each end
of the primary surface. An approach surface is applied to each end
of the runway based on the planned approach. The inner edge of the
approach surface is the same width as the primary surface and expands
uniformly depending on the planned approach. The approach surface
zone, as shown on Figure 1, is derived from the approach surface.
CONICAL SURFACE (ZONE)
An imaginary surface extending outward and upward from the
periphery of the horizontal surface at a slope of 20 feet horizontally
to one foot vertically for a horizontal distance of 4,000 feet. The
conical surface zone, as shown on Figure 1, is based on the conical
surface.
DEPARTMENT
Pennsylvania Department of Transportation.
FAA
Federal Aviation Administration of the United States Department
of Transportation.
HEIGHT
For the purpose of determining the height limits in all zones
set forth in this chapter and shown on the Zoning Map, the datum shall
be mean sea level elevation unless otherwise specified.
HORIZONTAL SURFACE (ZONE)
An imaginary plane 150 feet above the established airport
elevation that is constructed by swinging arcs of various radii from
the center of the end of the primary surface and then connecting the
adjacent arc by tangent lines. The radius of each arc is based on
the planned approach. The horizontal surface zone, as shown on Figure
1, is derived from the horizontal surface.
LARGER-THAN-UTILITY RUNWAY
A runway that is constructed for and intended to be used
by propeller driven aircraft of greater than 12,500 pounds maximum
gross weight and jet-powered aircraft.
NONCONFORMING USE
Any preexisting structure, object of natural growth, or use
of land which is inconsistent with the provisions of this chapter
or an amendment thereto.
NON-PRECISION-INSTRUMENT RUNWAY
A runway having an existing instrument approach procedure
utilizing air navigation facilities with only horizontal guidance,
or area-type navigation equipment, for which a straight-in non-precision-instrument
approach procedure has been approved or planned.
OBSTRUCTION
Any structure, growth, or other object, including a mobile
object, which exceeds a limiting height set forth by this chapter.
PRECISION INSTRUMENT RUNWAY
A runway having an existing instrument approach procedure
utilizing an Instrument Landing System (ILS) or a Precisions Approach
Radar (PAR). It also means a runway for which a precision approach
system is planned and is so indicated on an approved airport layout
plan or any other planning document.
PRIMARY SURFACE (ZONE)
An imaginary surface longitudinally centered on the runway,
extending 200 feet beyond the end of paved runways or ending at each
end of turf runways. The elevation of any point on the primary surface
is the same as the elevation of the nearest point on the runway center
line. The primary surface zone, as shown on Figure 1, is derived from
the primary surface.
RUNWAY
A defined area of an airport prepared for landing and takeoff
of aircraft along its length.
STRUCTURE
An object, including a mobile object, constructed or installed
by man, including but without limitation, buildings, towers, cranes,
smokestacks, earth formation and overhead transmission lines.
TRANSITIONAL SURFACE (ZONE)
An imaginary surface that extends outward and upward from
the edge of the primary surface to the horizontal surface at a slope
of seven feet horizontally to one foot vertically. The transitional
surface zone, as shown on Figure 1, is derived from the transitional
surface.
TREE
Any object of natural growth.
UTILITY RUNWAY
A runway that is constructed for and intended to be used
by propeller driven aircraft of 12,500 pounds maximum gross weight
or less.
VISUAL RUNWAY
A runway intended solely for the operation of aircraft using
visual approach procedures.
In addition to the requirements of §
400-126, the provisions of this section shall apply to applications for variance of the requirements of this article.
A. Compliance. Any request for a variance shall include documentation
in compliance with 14 Code of Federal Regulations Part 77 Subpart
B (FAA Form 7460-1, as amended or replaced).
B. FAA determination. The granting of a variance by the Zoning Hearing
Board shall depend on the determinations made by the FAA and the BOA
as to the effect of the proposal on the operation of air navigation
facilities and the safe, efficient use of navigable air space. In
particular, the Zoning Hearing Board shall consider which of the following
categories the FAA has placed the proposed construction in:
(1)
No objection. The subject construction is determined not exceed
obstruction standards and marking/lighting is not required to mitigate
potential hazard. Under this determination, a variance may be granted.
(2)
Conditional determination. The proposed construction/alteration is determined to create some level of encroachment into an airport hazard area which can be effectively mitigated. Under this determination, a variance may be granted contingent upon implementation of mitigating measures in accord with Subsection
D.
(3)
Objectionable. The proposed construction/alteration is determined
to be a hazard and is thus objectionable. The variance shall be denied.
C. Decision. Requests for variances shall be granted only where it is
duly found that a literal application or enforcement of the regulations
will result in unnecessary hardship and that relief granted will not
be contrary to the public interest, will not create a hazard to air
navigation, will do substantial justice, and will be in accord with
the intent of this chapter.
D. Obstruction marking and lighting. Any variance granted pursuant to
the provisions of this article may be conditioned to require the owner
of the structure or object of natural growth in question to permit
the Pocono Mountains Municipal Airport, at its own expense, or require
the person requesting the permit or variance, to install, operate,
and maintain such marking or lighting as deemed necessary to assure
both ground and air safety.
Notwithstanding any other provisions of this chapter, no use
shall be made of land or water within the Airport District Overlay
in such a manner as to:
A. Create electrical interference with navigational signals or radio
communications between the airport and aircraft.
B. Make it difficult for pilots to distinguish between airport lights
and others.
C. Impair visibility in the vicinity of the airport.
D. Create bird strike hazards.
E. Otherwise endanger or interfere with the landing, takeoff or maneuvering
of aircraft utilizing the Pocono Mountains Municipal Airport.