[HISTORY: Adopted by the Board of Supervisors of the Township
of Blair 4-8-2014 by Ord. No. 2014-01. Amendments noted where applicable.]
The purpose of this chapter is to create an airport hazard area
map that considers safety issues around the Blue Knob Valley Airport
(7G4) and regulates and restricts the heights of constructed structures
and objects of natural growth, creates appropriate hazard areas, establishing
the boundaries thereof and providing for changes in the restrictions
and boundaries of such hazard areas, creates the permitting process
for use within said hazard areas and provides for enforcement, assessment
of violation penalties, an appeals process, and judicial review.
Where municipal zoning exists, the Airport Hazard Area Map shall
not modify the boundaries of any underlying zoning district. Where
identified, the Airport Hazard Area Map 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 chapter shall
have the meaning given to them in this section unless the context
clearly indicates otherwise.
The highest point of an airport's usable landing area
measured in feet above sea level. The airport elevation of the Blue
Knob Valley Airport (7G4) is 1,270 feet above sea level.
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.
Any area of land or water upon which an airport hazard might
be established if not prevented as provided for in this chapter and
the Act 164 of 1984 (Pennsylvania Laws Relating to Aviation).[1]
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
area, as shown on Figure 1,[2] is derived from the approach surface.
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 area, as shown on Figure 1, is based on the conical
surface.
Pennsylvania Department of Transportation.
Federal Aviation Administration of the United States Department
of Transportation.
For the purpose of determining the height limits in all hazard
areas set forth in this chapter and shown on the hazard area map,
the datum shall be mean sea level elevation unless otherwise specified.
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 area, as shown on Figure
1,[3] is derived from the horizontal surface.
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.
Any preexisting structure, object of natural growth, or use
of land which is inconsistent with the provisions of this chapter
or an amendment thereto.
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.
Any structure, growth, or other object, including a mobile
object, which exceeds a limiting height set forth by this chapter.
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.
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 area, as shown on Figure 1, is derived from
the primary surface.
A defined area of an airport prepared for landing and takeoff
of aircraft along its length.
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.
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 area, as shown on Figure 1,[4] is derived from the transitional surface.
Any object of natural growth.
A runway that is constructed for and intended to be used
by propeller-driven aircraft of 12,500 pounds maximum gross weight
or less.
A runway intended solely for the operation of aircraft using
visual approach procedures.
There are hereby created and established certain hazard areas within this chapter, defined in § 162-3, depicted on Figure 1 and illustrated on the Airport Hazard Area Map(s), hereby adopted as part of this chapter,[1] which include:
A.Â
Approach surface area.
B.Â
Conical surface area.
C.Â
Horizontal surface area.
D.Â
Primary surface area.
E.Â
Transitional surface area.
[1]
Editor's Note: Figure 1 and an Airport Hazard Area Map for
Blue Knob Valley Airport are included as attachments to this chapter.
The Blair County Planning Commission has adopted an Official
Airport Hazard Area Map for each airport, which shall be used to implement
this chapter. The maps may be amended in accordance with 74 Pa.C.S.A.
§ 5914. The Official Airport Hazard Area Maps shall be maintained
on file in the office of the Municipal Secretary, with a copy available
at the Blair County Planning Commission.
A.Â
As regulated by Act 164[1] and defined by 14 CFR 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 chapter. 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 § 162-7.
[1]
Editor's Note: See 74 Pa.C.S.A. § 5901 et seq.
B.Â
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.
A.Â
Any request for a variance shall include documentation in compliance
with 14 CFR 77.5 et seq. (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:
(1)Â
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.
(2)Â
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 § 162-10, Obstruction marking and lighting.
(3)Â
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.
B.Â
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 chapter.
Notwithstanding any other provisions of this chapter, no use
shall be made of land or water within the Airport Hazard Area 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 Blue Knob Valley Airport
(7G4).
The regulations prescribed by this chapter 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 chapter, 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 (subject to municipal
ordinances), may only be reestablished consistent with the provisions
herein.
Any permit or variance granted pursuant to the provisions of this chapter may be conditioned according to the process described in § 162-7 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.
A.Â
The Blair County Planning Commission is hereby established as the
Airport Planning Agency with the powers and duties ascribed to Airport
Planning Agencies in 74 Pa.C.S.A. § 5914 (b).
B.Â
When considering formal amendments to either this chapter or the
Airport Hazard Area Map, the Airport Planning Agency shall convene
a committee consisting of representatives of each affected municipality
and each affected airport to advise on such amendments.
C.Â
Adoption of formal amendments of this chapter or the Airport Hazard
Area Map shall be done by each of the local municipalities upon recommendation
by the Airport Planning Agency.
It shall be the duty of the Township of Blair to administer
and enforce the regulations prescribed herein. It shall be unlawful
to violate any provision of this chapter and any condition of any
official and final decision hereunder. Any person who violates or
permits a violation of this chapter shall, upon being found liable
therefor in a civil enforcement proceeding commenced by the Township
before a Magisterial District Judge, pay a fine of not more than $600,
plus all court costs, including reasonable attorneys’ fees,
incurred by the Township in the enforcement of this chapter. No judgment
shall be imposed until the date of the determination of the violation
by the Magisterial District Judge. If the defendant neither pays nor
timely appeals the judgment, the Township may enforce the judgment
pursuant to the applicable Rules of Civil Procedure. Each day a violation
exists shall constitute a separate offense. Further, the appropriate
officers or agents of the Township are hereby authorized to seek equitable
relief, including injunction, to enforce compliance herewith.
A.Â
Right of appeal. Any person aggrieved or taxpayer affected by any
decision of the municipality may appeal to the Board of Appeals as
provided by law.
B.Â
Stay of proceedings. An appeal shall stay all proceedings in furtherance
of the action appealed from unless the municipality certifies to the
Board of Appeals, after the notice of appeal has been filed with it,
that, by reason of the facts stated in the certificate, a stay would
in its opinion cause imminent peril to life or property. In such cases
proceedings shall not be stayed otherwise than by order of the Board
of Appeals or notice to the municipality.
C.Â
Board of Appeals. All airport hazard area regulations shall provide
for a board to hear and decide appeals, special exceptions and requests
for variances. Where a zoning board of appeals or adjustment already
exists, it may be appointed as the Board. Otherwise, the Board shall
consist of five members, each to be appointed on an ad hoc basis by
the authority adopting the regulations and to be removable by the
appointing authority, for cause, upon written charges and after public
hearing, and may not contain municipal elected officials as members.
Where there exists a conflict between any of the regulations
or limitations prescribed in this chapter and any other regulation
applicable to the same area, the more stringent limitation or requirement
shall govern and prevail.
The effective date of this chapter is July 1, 2014.
