The purpose of this ordinance is to create an Airport District
Overlay that considers safety issues within the Municipality of Bethel
Park ("Municipality") as it relates to the proximity to the Allegheny
County Airport ("Airport") located in West Mifflin, Pennsylvania;"
regulates and restricts the heights of constructed structures and
objects of natural growth; creates appropriate zones, establishing
the boundaries thereof and providing for changes in the restrictions
and boundaries of such zones; creates the permitting process for use
within said zones; and provides for enforcement, assessment of violation
penalties, an appeals process, and judicial review.
The Airport District Overlay shall not modify the boundaries
of any underlying zoning district. Where identified, the Airport District
Overlay shall impose certain requirements on land use and construction
in addition to those contained in the underlying zoning district.
The following words and phrases, when used in this portion of
the ordinance, shall have the meanings given to them in this section,
unless the context clearly indicates otherwise:
AIRPORT — Allegheny County Airport, located in West Mifflin,
Pennsylvania, located at 40° 21' 15.84" N, 79° 55' 48.6" W;
International Air Transport Association airport code (IATA): AGC;
International Civil Aviation Organization airport code (ICAO): KAGC.
AIRPORT ELEVATION — The highest point of an airport's usable
landing area measured in feet above sea level. The airport elevation
of the Allegheny County Airport ("Airport") is 1,250 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 ordinance and Act 164 of 1984 (Pennsylvania laws relating
to aviation).[1]
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.
HEIGHT — For the purpose of determining the height limits in
all zones set forth in this ordinance 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 ordinance 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.
PRECISION-INSTRUMENT RUNWAY — A runway having an existing instrument
approach procedure utilizing an instrument landing system (ILS) or
a precision 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.
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.
There are hereby created and established certain zones within the Airport District Overlay Ordinance, defined in Section 69.45B and depicted on Figure 1 and illustrated on the Airport Hazard Area Map, hereby adopted as part of this ordinance, which include:
As regulated by Act 164 and defined by 14 CFR Part 77.13(a) (as amended or replaced), any person who plans to erect a new structure, to add to an existing structure, or to erect and maintain any object (natural or man-made), in the vicinity of the airport shall first notify the Department's Bureau of Aviation (BOA) by submitting PENNDOT Form AV-57 to obtain an obstruction review of the proposal at least 30 days prior to commencement thereof. The Department's BOA response must be included with this permit application for it to be considered complete. If the Department's BOA returns a determination of no penetration of airspace, the permit request should be considered in compliance with the intent of this overlay ordinance. If the Department's BOA returns a determination of a penetration of airspace, the permit shall be denied, and the project sponsor may seek a variance from such regulations as outlined in Section 69.45E.
No permit is required to make maintenance repairs to or to replace
parts of existing structures which do not enlarge or increase the
height of an existing structure.
Any object that would be shielded by existing structures of a permanent
and substantial character or by natural terrain or topographic features
of equal or greater height and would be located in the congested area
of the Municipality where it is evident beyond all reasonable doubt
that the structure so shielded will not adversely affect safety in
air navigation.
Any air navigation facility, airport visual approach or landing aid,
aircraft arresting device, or meteorological device, of a type approved
by the Administrator, or an appropriate military service on military
airports, the location and height of which is fixed by functional
purpose.
Any request for a variance shall include documentation in compliance
with 14 CFR Part 77, Subpart B (FAA Form 7460-1, as amended or replaced).
Determinations of whether to grant a variance will depend on the determinations
made by the FAA and the Department's 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 request for a variance
shall consider which of the following categories the FAA has placed
the proposed construction in:
No objection: The subject construction is determined not to exceed
obstruction standards and marking/lighting is not required to mitigate
potential hazard. Under this determination, a variance shall be granted.
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 shall be granted contingent upon implementation of mitigating measures as described in Section 69.45H, Obstruction marking and lighting.
Objectionable: The proposed construction/alteration is determined
to be a hazard and is thus objectionable. A variance shall be denied,
and the reasons for this determination shall be outlined to the applicant.
Such requests for variances shall be granted 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 accordance
with the intent of this ordinance.
Notwithstanding any other provisions of this ordinance, no use
shall be made of land or water within the Airport District Overlay
in such a manner as to create electrical interference with navigational
signals or radio communications between the airport and aircraft,
make it difficult for pilots to distinguish between airport lights
and others, impair visibility in the vicinity of the airport, create
bird strike hazards, or otherwise endanger or interfere with the landing,
takeoff or maneuvering of aircraft utilizing the airport.
The regulations prescribed by this ordinance shall not be construed
to require the removal, lowering, or other change or alteration of
any structure or tree not conforming to the regulations as of the
effective date of this ordinance or otherwise interfere with the continuance
of a nonconforming use. No nonconforming use shall be structurally
altered or permitted to grow higher, so as to increase the nonconformity,
and a nonconforming use, once substantially abated, may only be reestablished
consistent with the provisions herein.
Any permit or variance granted pursuant to the provisions of this ordinance may be conditioned according to the process described in Section 69.45E to require the owner of the structure or object of natural growth in question to permit the municipality, 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.
This ordinance is subject to the provisions regarding penalties as outlined in Article XXII, Enforcement, Violation and Penalties, Section 69.72, Enforcement, as defined in the Zoning Ordinance of the Municipality.
All appeals shall be in conformance with the procedures and requirements found in Article XX, Zoning Hearing Board, Section 69.65, of the Zoning Ordinance of the Municipality.
Where there exists a conflict between any of the regulations
or limitations prescribed in this ordinance and any other regulation
applicable to the same area, the more-stringent limitation or requirement
shall govern and prevail.
If any of the provisions of this ordinance or the application
thereof to any person or circumstance are held invalid, such invalidity
shall not affect other provisions or applications of the ordinance
which can be given effect without the invalid provision or application;
and to this end, the provisions of this ordinance are declared to
be severable.