[Ord. No. 2011-3,[1] 10/11/2011]
The purpose of this chapter is to create an airport hazard ordinance
that considers safety issues around the Butler County-Graham Airport,
regulates and restricts the heights of constructed structures and
objects of natural growth, creates appropriate hazard 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. No. 2011-3, 10/11/2011]
Where identified, this chapter shall impose certain requirements on land use and construction in addition to those contained in Chapter 22, Subdivision and Land Development.
[Ord. No. 2011-3, 10/11/2011]
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 Butler
County-Graham Airport is 1,248 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 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
zone, 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 zone, as shown on Figure 1, is based on the conical
surface.
The Pennsylvania Department of Transportation.
The Federal Aviation Administration of the United States
Department of Transportation.
For the purpose of determining the height limits in all zones
set forth in this chapter and shown on the Zoning 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 zone, as shown on Figure
1, 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 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.
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.
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 zone, as shown on Figure 1, 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.
[1]
Editor's Note: See 74 Pa.C.S.A. § 5101 et seq.
[2]
Editor's Note: Figure 1, Surface Areas, is included as an attachment to this chapter.
[Ord. No. 2011-3, 10/11/2011]
1.
There are hereby created and established certain zones within this
chapter, defined in § 28-103 and depicted on Figure 1 and
illustrated on the Butler County-Graham Airport Hazard Area Map, hereby
adopted as part of this chapter, which include:
[Ord. No. 2011-3, 10/11/2011]
1.
As regulated by Act 164 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 § 28-106.
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. No. 2011-3, 10/11/2011]
1.
Any request for a variance shall include documentation in compliance
with 14 CFR 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.
A.
No Objection. The subject construction is determined to 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 § 28-109, Obstruction Marking and
Lighting.
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 chapter.
[Ord. No. 2011-3, 10/11/2011]
Notwithstanding any other provisions of this chapter, no use
shall be made of land or water within this chapter 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 Butler County-Graham Airport.
[Ord. No. 2011-3, 10/11/2011]
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 this
chapter,) may only be reestablished consistent with the provisions
herein.
[Ord. No. 2011-3, 10/11/2011]
1.
Any permit or variance granted pursuant to the provisions of this
chapter may be conditioned according to the process described in § 28-106
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. No. 2011-3, 10/11/2011]
1.
Any person, partnership, or corporation who or which has violated
the provisions of this chapter shall, upon being found liable therefore
in a civil enforcement proceeding commenced by Forward Township, pay
a judgment of not more than $500, plus all court costs, including
reasonable attorneys' fees incurred by the municipality as a
result thereof. No judgment shall commence or be imposed, levied or
payable until the date of the determination of a violation by the
district justice. If the defendant neither pays nor timely appeals
the judgment, the municipality may enforce the judgment pursuant to
the applicable rules of civil procedure. Each day that a violation
continues shall constitute a separate violation, unless the district
justice determining that there has been a violation further determines
that there was a good-faith basis for the person, partnership, or
corporation violating this chapter to have believed that there was
no such violation, in which event there shall be deemed to have been
only one such violation until the fifth day following the date of
the determination of a violation by the district justice, and thereafter,
each day that a violation continues shall constitute a separate violation.
2.
Notwithstanding the imposition of any penalties hereunder, the Township
may institute any appropriate action or proceeding to require compliance
with or to enjoin violation of the provisions of these regulations
or any administrative orders or determination made pursuant to these
regulations.
3.
The Court of Common Pleas, upon petition, may grant an order of stay,
upon cause shown, tolling the per diem fine pending a final adjudication
of the violation and judgment.
4.
Nothing contained in this section shall be construed or interpreted
to grant to any person or entity other than Forward Township the right
to commence any action for the enforcement pursuant to this section.
[Ord. No. 2011-3, 10/11/2011]
Any person aggrieved or taxpayer affected by any decision may
appeal as provided by law.
[Ord. No. 2011-3, 10/11/2011]
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.
[Ord. No. 2011-3, 10/11/2011]
If any of the provisions of this chapter or the application
thereof to any person or circumstance are held invalid, such invalidity
shall not affect other provisions or applications of this chapter
which can be given effect without the invalid provision or application,
and to this end, the provisions of this chapter are declared to be
severable.
