The Airport Overlay District is hereby created to include all of the land lying beneath the approach surfaces, primary surfaces, transitional surfaces, horizontal surfaces and conical surfaces as applied to airports, as defined and regulated by Article
XIV of this chapter. In addition to all other applicable standards of this chapter, the requirements of this Article
XIV shall apply in the Airport Overlay District.
In addition to the authority for zoning in general as authorized by the Pennsylvania Municipalities Code, the provisions of this Article
XIV are adopted pursuant to the authority conferred by the Act of October 10, 1984, P.L. 837, No. 164, of the General Assembly of the Commonwealth of Pennsylvania, as amended, known and cited as Aviation Code of Pennsylvania and specifically that subchapter of the Aviation Code known as the Airport Zoning Act.
The definitions in this §
135-96 shall supplement the definitions in Article
II of this chapter and shall apply to the requirements and standards of this Article
XIV.
AIRCRAFT
Any contrivance used for manned ascent into or flight through
the air.
AIRPORT
Any area of land or water which is used or is intended to
be used for the landing and takeoff of aircraft and any appurtenant
areas which are used or are intended to be used for airport buildings
or air navigation facilities or rights-of-way, together with all airport
buildings and facilities thereon. For purposes of this chapter, the
term "airport" shall include facilities designated as heliports and
those facilities which can be used only by rotary wing aircraft.
AIRPORT ELEVATION
In general, the highest point of an airport's usable landing
area measured in feet above sea level. In the case of the Bloomsburg
Municipal Airport, the airport elevation is 481 feet above mean sea
level as constructed as of May 1, 2001.
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 by
"Airport Hazard" in 74 Pa. Cons. Stat. § 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 article and
Pennsylvania Act 164 of 1984 (Pennsylvania Laws Relating to Aviation).
AIRPORT OWNER
The owner(s) of the legal fee title of the real estate upon
which an airport is located.
APPROACH SURFACE
A surface longitudinally centered on the extended runway center line, extending outward and upward from the end of the primary surface and at the same slope as the approach surface zone height limitation slope set forth in §
135-97 of this chapter. In plan, the perimeter of the approach surface coincides with the perimeter of the approach surface zone.
CONICAL SURFACE
A surface extending outward and upward from the periphery
of the horizontal surface at a slope of 20 to one for a horizontal
distance of 4,000 feet. See Height Limitation and Zoning District
Map.
DEPARTMENT
Pennsylvania Department of Transportation, Bureau of Aviation.
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 article and shown on the Airport Zone Map, the datum
shall be mean sea level elevation unless otherwise specified.
HORIZONTAL SURFACE
A horizontal plane 150 feet above the established airport
elevation, the perimeter of which in plan coincides with the perimeter
of the horizontal surface zone. See Height Limitation and Zoning District
Map.
NONPRECISION 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, nonprecision
instrument approach procedure has been approved or planned.
NONCONFORMING USE
Any preexisting structure, object of natural growth, or use of land which is inconsistent with the provisions of this Article
XIV or an amendment thereto.
OBSTRUCTION
Any structure, growth or other object, including a mobile object, which exceeds a limiting height set forth in §
135-98 of this chapter.
PERSON
An individual, firm, partnership, corporation, company, association,
joint-stock association, or governmental entity, includes a trustee,
a receiver, an assignee, or a similar representative of any of them.
PRIMARY SURFACE
A surface longitudinally centered on a runway. When the runway has a specially prepared hard surface, the primary surface extends 200 feet beyond each end of that runway. When the runway has no specially prepared hard surface or planned hard surface, the primary surface ends at each end of that runway. The width of the primary surface is set forth in §
135-97 of this chapter. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway center line. See Height Limitation and Zoning District Map.
RUNWAY
A defined area on 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 SURFACES
These surfaces extend outward at 90° angles to the runway
center line and the runway center line extended at a slope of seven
feet horizontally for each foot vertically from the sides of the primary
and approach surfaces to where they intersect the horizontal and conical
surfaces. See Height Limitation and Zoning District Map.
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.
VEGETATION
Any object of natural vegetative growth.
VISUAL RUNWAY
A runway intended solely for the operation of aircraft using
visual approach procedures.
In order to carry out the provisions of this Article
XIV, there are hereby created and established certain zones which include all of the land lying beneath the approach surfaces, primary surfaces, transitional surfaces, horizontal surfaces and conical surfaces as applied to airports as defined and regulated by this Article
XIV. Any area located in more than one of the following zones is considered to be only in the zone with the more restrictive height limitation. Should any airport be developed or any existing airports be upgraded beyond the zones included in this section, FAA criteria for the applicable classification shall apply. The various zones are hereby established and defined as follows:
A. Utility runway approach surface zones.
(1) Visual approach surface zone. Established beneath the visual approach
surface. The inner edge of this zone coincides with the width of the
primary surface and is 250 feet wide (125 feet on each side of the
runway center line). The zone expands outward uniformly to a width
of 1,250 feet at a horizontal distance of 5,000 feet from the primary
surface. Its center line is the continuation of the center line of
the runway.
(2) Nonprecision instrument approach surface zone. Established beneath
the nonprecision instrument approach surface. The inner edge of this
zone coincides with the width of the primary surface and is 500 feet
wide (250 feet on each side of the runway center line). The zone expands
outward uniformly to a width of 2,000 feet at a horizontal distance
of 5,000 feet from the primary surface. Its center line is the continuation
of the center line of the runway.
B. Utility runway primary surface zone. The primary surface zone is
longitudinally centered on the runway. When the runway has a specially
prepared hard surface, the primary surface zone extends 200 feet beyond
each end of that runway. When the runway has no specially prepared
hard surface or planned hard surface, the primary surface zone ends
at each end of that runway.
(1) Primary surface zone for visual approaches. The boundary of this
zone coincides with the primary surface and is 250 feet wide (125
feet on each side of the runway center line).
(2) Primary surface zone for nonprecision instrument circling approaches.
The boundary of this zone coincides with the primary surface and is
250 feet wide (125 feet on each side of the runway center line).
(3) Primary surface zone for nonprecision instrument straight-in approaches.
The boundary of this zone coincides with the primary surface and is
500 feet wide (250 feet on each side of the runway center line).
C. Transitional surface zone. Established beneath the transitional surfaces adjacent to each runway and approach surface as indicated on the Height Limitation and Zoning District Map, increasing at a 7:1 ratio as provided at §
135-98C.
D. Horizontal surface zone. Established beneath the horizontal surface,
150 feet above the established airport elevation, the perimeter of
which is constructed by swinging arcs of five-thousand-foot radii
from the center of each end of the primary surface of each runway
and connecting the adjacent arcs by drawing lines tangent to those
arcs. The horizontal surface zone does not include the approach surface
and transitional surface zones.
E. Conical surface zone. Established beneath the conical surface. This
zone commences at the periphery of the horizontal surface and extends
outward therefrom in a horizontal distance of 4,000 feet.
Except as otherwise provided in this Article
XIV, no structure shall exist, be erected, altered or maintained, and no vegetation shall be allowed to grow in any zone created by this Article
XIV to a height in excess of the applicable height limit herein established for such zone. Such applicable height limitations are hereby established for each of the zones in question as follows:
A. Utility runway surface zones.
(1) Visual approach surface zone. Slopes 20 feet outward for each foot
upward beginning at the end of and at the same elevation as the primary
surface and extending to a horizontal distance of 5,000 feet along
the extended runway center line.
(2) Nonprecision instrument approach surface zone. Slopes 20 feet outward
for each foot upward beginning at the end of and at the same elevation
as the primary surface and extending to a horizontal distance of 5,000
feet along the extended runway center line.
B. Primary surface zone. Established at the same height as the primary surface. The exception provided in §
135-98F shall not apply in the primary surface zone.
C. Transitional surface zones. Slopes seven feet outward for each foot
upward beginning at the sides of and at the same elevation as the
primary surface and the approach surface and extending to a height
of 150 feet above the airport elevation. In addition to the foregoing,
there are established height limits sloping seven feet outward for
each foot upward beginning at the sides of and at the same elevation
as the approach surface and extending to where they intersect the
conical surface.
D. Horizontal surface zone. Established at 150 feet above the established
airport elevation.
E. Conical surface zone. Slopes 20 feet outward for each foot upward
beginning at the periphery of the horizontal surface and at 150 feet
above the established airport elevation and extending to a height
of 350 feet above the established airport elevation.
F. Excepted height limitations. Nothing in this Article
XIV shall be construed as prohibiting the construction or maintenance of any structure or growth of any vegetation to a height up to 50 feet above the surface of the land which is not otherwise prohibited by this chapter. This exception shall not apply in the primary surface zone.
The permits and variances required by this Article
XIV shall be in addition to those required by the balance of this chapter with respect to principal permitted uses, conditional uses, special exceptions and accessory uses. Applications for permits and variances required by this Article
XIV may be submitted and considered concurrently with the application for any other such approval required, and no permit shall be granted under the terms of this Article
XIV unless any other permit required by this chapter has been granted.
A. Future uses; permits required.
(1)
Except as specifically provided in Subsection
A(2)(a),
(b) and
(c) hereunder, no material change shall be made in the use of land, no structure shall be erected or otherwise established, and no vegetation shall be permitted to exceed the established height limitation in any zone hereby created unless a permit therefor shall have been applied for and granted. Each application for a permit shall indicate the purpose for which the permit is desired, with sufficient information for the Township to determine whether the resulting use, structure or vegetation would conform to the regulations herein prescribed. If such determination is in the affirmative, the permit shall be granted. No permit for a use inconsistent with the provisions of this Article
XIV shall be granted unless a variance has been approved in accordance with this Article
XIV.
(2)
Nothing contained in any of the exceptions shall be construed as permitting or intending to permit any construction or alteration of any structure or growth of any vegetation in excess of any of the height limits established by this Article
XIV, except that no permit is required for maintenance, repairs to or to replace parts of existing structures which do not enlarge or increase the height of an existing structure. However, a general zoning permit may be required pursuant to the other requirements of this chapter.
(a)
Horizontal zone and conical zone. In the area lying within the limits of the horizontal zone and conical zone, no permit under this Article
XIV shall be required for any vegetation or structure less than 75 feet of vertical height above the ground, except when, because of terrain, land contour or topographic features, such vegetation or structure would extend above the height limits prescribed for such zones.
(b)
Approach zones. In areas lying within the limits of the approach zones, but at a horizontal distance of not less than 4,200 feet from each end of the runway, no permit under this Article
XIV shall be required for any vegetation or structure less than 75 feet of vertical height above the ground, except when, because of terrain, land contour or topographic features, such vegetation or structure would extend above the height limit prescribed for such approach zones.
(c)
Transition zones. In the areas lying within the limits of the transition zones beyond the perimeter of the horizontal zones, no permit under this Article
XIV shall be required for any vegetation or structure less than 75 feet of vertical height above the ground, except when such vegetation or structure, because of terrain, land contour or topographic feature, would extend above the height limit prescribed for such transition zones.
(d)
Primary surface zones: no permit exemptions.
B. Existing uses. Before any nonconforming structure or vegetation may
be replaced, substantially altered or rebuilt, a permit must be secured
from the Township authorizing the replacement or change. No permit
shall be granted that would allow the establishment or creation of
an obstruction or permit a nonconforming use, structure or vegetation
to become a greater hazard to air navigation than it was on the effective
date of this chapter or any amendments thereto or than it is when
the application for a permit is made.
C. Nonconforming uses abandoned or destroyed. Whenever the Zoning Officer determines that a nonconforming vegetation or structure has been abandoned or more than 80% torn down, physically deteriorated or decayed, no permit shall be granted that would allow such structure or vegetation to exceed the applicable height limit or otherwise deviate from this Article
XIV.
D. Procedures. The applicant for a permit shall, in addition to the other information required for zoning permits by this chapter, provide information detailing the height of the proposed structure, object or vegetation, the elevation of the proposed site, and a statement as to the compliance with the height limitations established by this Article
XIV.
Any permit or variance granted under this Article
XIV may, if such action is deemed advisable to effectuate the purpose of this Article
XIV and is reasonable under the circumstances, be so conditioned as to require the owner of the structure or vegetation in question to permit the Township or airport, at its own expense, or require the person or persons requesting the permit or variance to install, operate and maintain thereon such markers and lights as may be required by guidelines or regulations adopted by the FAA or Bureau of Aviation.
In the event of conflict between any airport zoning regulations adopted under this Article
XIV and any other regulations applicable to the same area, whether the conflict be with respect to the height of structures or vegetation, and the use of land, or any other matter, the more stringent limitation or requirement shall govern and prevail.
The standards in this Article
XIV, in addition to other applicable standards in this chapter, shall apply to all existing and proposed public airports as defined and regulated by this Article
XIV.
A. Special exception. The existence of airport hazard zones limits the uses of surrounding landowners. No public airport shall be permitted to make any changes which would affect the location of airport surface zones, approach zones or hazard zones, and no new public airport shall be developed unless special exception approval has been granted, and only in those portions of industrial zones where such use is allowed as a special exception use, where it shall be a special exception use. In addition to the requirements of §
135-82D of this chapter, the following procedures and criteria shall apply to any airport special exception application. The following shall constitute changes at an airport requiring special exception approval prior to allowing such change or use in the specified portions of the Township's industrial zones:
(1)
Any extension of a runway's length;
(2)
Any change in the height of a runway;
(3)
The paving of any previously unpaved portions of a runway, if
such paving results in any change in airport rating category under
67 Pa. Code § 471.5 ,as amended, affecting or altering the
location or extent of any airport hazard zone;
(4)
Any change of runway direction or alignment;
(5)
Any change in the status of taxiways or holding areas affecting
the location areas of airport hazard zones;
(6)
Any change in airport rating category under 67 Pa. Code § 471.5,
as amended.
(7)
Any other physical, legal or rating change, or change in methods
of operation, flight paths or change in instrumentation or technology
resulting in a change in the location or extent of any airport hazard
zone.
B. Zones other than industrial zones. Notwithstanding anything to the contrary, in zones other than those portions of industrial zones in which an airport is allowed as a special exception use, any change, extension or enlargement of an airport shall require a variance, subject to the standards for requiring a variance as set forth at §
135-82C, due to the inherent danger of airports in a primarily residential Township such as Scott Township.
C. Application contents. The application for special exception shall
contain the following documents and information:
(1)
A full narrative description of the airport and any changes
proposed.
(2)
Plans and maps prepared by a registered professional engineer,
showing the airport and any changes proposed to the airport.
(3)
Plans and maps prepared by a registered professional engineer
showing existing and proposed locations of the airport hazard zones.
(4)
Copies of all applications, correspondence, documents, maps
or plans submitted to FAA and the Bureau of Aviation relating to the
proposed change or construction, rating change or other rating, legal
or physical change.
(5)
A plan showing how the lands or air rights negatively affected
shall be acquired.
(6)
A list of the names and addresses of all landowners negatively
affected by the proposed airport or change within a height of 75 feet
from the surface of said lands by the change in airport hazard zones.
(7)
A list of the names and addresses of all landowners of adjoining
lands owned or leased by the airport owner.
D. Engineering review. The Township Engineer shall review the application
and report whether the application to the Planning Commission complies
with all applicable ordinances, laws and regulations relating to airport
hazard zones. The Township Engineer shall also report how the proposed
airport or change will affect neighboring landowners and landowners
in airport hazard zones. The Township Engineer shall also review and
report on expected obstructions to aircraft resulting from the airport
or change, and upon the adequacy, feasibility and practicality of
the applicant's plan to acquire the necessary air rights.
E. Costs. Any airport or change to an airport use resulting in a change of airport hazard zones shall be considered a land development, and in accord with Section 503(1) of the Pennsylvania Municipalities Planning Code, the applicant shall be responsible for paying all reasonable and necessary charges of the Township's professional consultants or Engineer relating to application review and report under the terms of Chapter
123, Subdivision and Land Development.
F. Notice to FAA, the Bureau of Aviation, and the County. The Code Enforcement
Officer shall send a copy of the completed application to the Bureau
of Aviation, FAA and the County Planning Department by certified mail
at 14 days before the date of the hearing.
G. Criteria to review. In granting or denying a special exception or a variance, in addition to the criteria otherwise applicable at §
135-82D and
C, respectively, the Supervisors shall consider:
(1)
The effect upon reasonable use of properties affected by the
proposal;
(2)
How the applicant plans to acquire any necessary air rights;
(3)
The character of the flying operations expected to be conducted
at the airport;
(4)
The nature of the terrain within the airport hazard zone area;
(5)
The character of the community which is affected by the proposal;
(6)
The effect upon roads, development, transportation routes, and
other aspects of the Township's Comprehensive Plan;
(7)
The provision of hazard lighting and marking; and
(8)
The importance of aircraft safety.
(9)
No special exception or variance shall be granted except in the absence of structures and vegetation at a height which would be in violation of the §
135-98 height limitation, in the event that an airport use, construction, or configuration or reconfiguration in the nature for which application is made would be completed.