The purpose of this article is to create an airport hazard zoning
ordinance that considers safety issues around the airports, regulates
and restricts the heights of constructed structures and objects of
natural growth, creates appropriate zones, establishes the boundaries
thereof and provides 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 Hazard Overlay Zoning article shall not modify the
boundaries of any underlying zoning district. Where identified, the
Airport Hazard Overlay Zoning article 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 article 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 elevations of the airports are 1,248
feet for the Butler County Airport and 1,030 feet for the Lakehill
Airport.
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 article 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 article 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 article
or an amendment thereto.
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.
OBSTRUCTION
Any structure, growth, or other object, including a mobile
object, which exceeds a limiting height set forth by this article.
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 (7:1). 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.
There are hereby created and established certain zones within the Airport Hazard Overlay Zoning article, defined in §
192-39.4 and depicted on Figure 1 and illustrated on Airport Hazard Area Map, hereby adopted
as part of this article, which include:
E. Transitional Surface Zone.
Notwithstanding any other provisions of this article, no use
shall be made of land or water within the Airport Hazard Overlay Zoning
article 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 airports,
create bird strike hazards or otherwise endanger or interfere with
the landing, takeoff or maneuvering of aircraft utilizing the airports.
The regulations prescribed by this article 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 article, 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 the
Zoning Ordinance), may only be reestablished consistent with the provisions
herein.
Any permit or variance granted pursuant to the provisions of this article may be conditioned according to the process described in §
192-39.7 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.
This article is subject to all enforcement procedures, fines, and penalties set forth in the Adams Township Zoning Ordinance (Chapter
192, Article
XII, §
192-69 et seq., of the Code of Adams Township).
All appeals shall be taken to the Court of Common Pleas of Butler
County, Pennsylvania, pursuant to the provisions of the Pennsylvania
Municipal Planning Code.
Where there exists a conflict between any of the regulations
or limitations prescribed in this article 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 article or the application
thereof to any person or circumstance are held invalid, such invalidity
shall not affect other provisions or applications of the article which
can be given effect without the invalid provision or application,
and to this end, the provisions of this article are declared to be
severable.