[Ord. 21A, 9/2/1982; as added by Ord. 2011-27, 2/10/2011,
§ 1]
The intent of this Part is to create an airport district overlay
that considers safety issues around the airport, 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.
[Ord. 21A, 9/2/1982; as added by Ord. 2011-27, 2/10/2011,
§ 1]
The following words and phrases when used in this Part shall
have the meaning given to them in this section unless the context
clearly indicates otherwise:
AIRPORT ELEVATION
The highest point of an airport's usable landing area measured
in feet above sea level. The airport elevation of the Farmers Pride
Airport is 495 feet/150.9 m.
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 Part and the
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 Part 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.
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.
NONCONFORMING USE
Any pre-existing structure, object of natural growth, or
use of land which is inconsistent with the provisions of this Part
or an amendment thereto.
OBSTRUCTION
Any structure, growth, or other object, including a mobile
object, which exceeds a limiting height set forth by this Part.
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.
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.
[Ord. 21A, 9/2/1982; as added by Ord. 2011-27, 2/10/2011,
§ 1]
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.
[Ord. 21A, 9/2/1982; as added by Ord. 2011-27, 2/10/2011,
§ 1]
1. There are hereby created and established certain zones within this Part, defined in §
27-1902 and depicted on Figure 1 and illustrated on Airport Hazard Area Map, hereby adopted as part of this Part, which include:
E. Transitional Surface Zone.
[Ord. 21A, 9/2/1982; as added by Ord. 2011-27, 2/10/2011,
§ 1]
1. As regulated by Act 164 and defined by 14 Code of Federal Regulations 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), which has a maximum height in excess of 35 feet, 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 §
27-1906.
2. 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.
[Ord. 21A, 9/2/1982; as added by Ord. 2011-27, 2/10/2011,
§ 1]
1. Any request for a variance shall include documentation in compliance
with 14 Code of Federal Regulations Part 77 Subpart V (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:
A. 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 shall be granted.
B. 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 §
27-1909.
C. 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.
2. 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 Part.
[Ord. 21A, 9/2/1982; as added by Ord. 2011-27, 2/10/2011,
§ 1]
Notwithstanding any other provisions of this Part, 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.
[Ord. 21A, 9/2/1982; as added by Ord. 2011-27, 2/10/2011,
§ 1]
The regulations prescribed by this Part shall not be constructed
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 Part, or otherwise interfere with the continuance
of a non-conforming use. No non-conforming use shall be structurally
altered or permitted to grow higher, so as to increase the non-conformity,
and a nonconforming use, once substantially abated (subject to the
underlying zoning ordinance), may only be reestablished consistent
with the provisions herein.
[Ord. 21A, 9/2/1982; as added by Ord. 2011-27, 2/10/2011,
§ 1]
Any permit or variance granted pursuant to the provisions of this Part may be conditioned according to the process described in §
27-1906 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.
[Ord. 21A, 9/2/1982; as added by Ord. 2011-27, 2/10/2011,
§ 1]
Where there exists a conflict between any of the regulations
or limitations prescribed in this Part and any other regulation applicable
to the same area, the more stringent limitation or requirement shall
govern and prevail.