A.
This article is adopted pursuant to the authority conferred by 1984
Pennsylvania Laws 164, codified at 74 Pa.C.S.A. § 5101 et
seq.
B.
It is hereby found that an obstruction has the potential for endangering
the lives and property of users of the Moorhead Memorial Airpark and
property or occupants of land in its vicinity; that an obstruction
may affect existing and future instrument approach minimums of the
Moorhead Memorial Airpark; and that an obstruction may reduce the
size of areas available for the landing, takeoff and maneuvering of
aircraft, thus tending to destroy or impair the utility of the Moorhead
Memorial Airpark. Accordingly, it is declared:
(1)
That the creation or establishment of an obstruction has the potential
of being a public nuisance and may injure the region served by the
Moorhead Memorial Airpark;
(2)
That it is necessary in the interest of the public health, safety,
morals and general welfare that the creation or establishment of obstructions
that are a hazard to air navigation be prevented; and
(3)
That the prevention of these obstructions should be accomplished,
to the extent legally possible, by the exercise of the police power
without compensation.
C.
It is further declared that the prevention of the creation or establishment
of hazards to air navigation, the elimination, removal, alteration
or mitigation of hazards to air navigation, or the marking and lighting
of obstructions are public purposes for which a political subdivision
may raise and expend public funds and acquire land or interests in
land.
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:
Any contrivance, except an unpowered hang glider or parachute,
used for manned ascent into or flight through the air.
Moorhead Memorial Airpark. Any area of land or water which
is used, or intended to be used, for the landing and takeoff of aircraft
and any appurtenant areas which are used, or intended to be used,
for airport buildings or air navigation facilities or rights-of-way,
together with all airport buildings and facilities thereon. As used
herein, the term "airport" includes public airports but excludes private
airports and heliports. Public and private airports are defined separately
in this section.
Moorhead: 805 feet. The highest point of an airport's usable
landing area measured in 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 by
"airport hazard" in 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 article and
Act 164 of 1984[1] (Pennsylvania laws relating to aviation).
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 § 350-76 of this article. In plan, the perimeter of the approach surface coincides with the perimeter of the approach surface zone.
These zones are set forth in § 350-76 of this article.
A surface extending outward and upward from the periphery
of the horizontal surface at a slope of 20:1 for a horizontal distance
of 4,000 feet.
Pennsylvania Department of Transportation.
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 article and shown on the Airport Zoning Map, the
datum shall be mean sea level elevation unless otherwise specified.
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.
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 article
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 nonprecision
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 in § 350-76 of this article.
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.
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.
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. For military runways or 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 § 350-76 of this article. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway center line.
An airport which is privately owned and which is not open
or intended to be open to the public as defined in 74 Pa.C.S.A. § 5102.
An airport which is either publicly or privately owned and
which is open to the public as defined in 74 Pa.C.S.A. § 5102.
A defined area on 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.
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. Transitional surfaces for those portions of the precision
approach surfaces, which project through and beyond the limits of
the conical surface, extend a distance of 5,000 feet measured horizontally
from the edge of the approach surface and at 90° angles to the
extended runway center line.
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]
74 Pa.C.S.A. § 5101 et seq
In order to carry out the provisions of this article, there
are hereby created and established certain zones which include all
of the land lying beneath the approach surfaces, transitional surfaces,
horizontal surfaces and conical surfaces as they apply to the Moorhead
Memorial Airpark. Such zones are shown on the Moorhead Memorial Airpark
Height Limitation and Zoning District Map prepared by the Pennsylvania
Department of Transportation, Bureau of Aviation, and dated Spring
1989, which is incorporated herein. An area located in more than one
of the following zones is considered to be only in the zone with the
more restrictive height limitation. The various zones are hereby established
and defined as follows:
A.
Utility runway 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. 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.
B.
Transitional surface zones. Established beneath the transitional
surfaces adjacent to each runway and approach surface as indicated
on the Height Limitation and Zoning District Map.
C.
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 5,000 feet 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.
D.
Conical surface zone. Established beneath the conical surface. This
zone commences at the periphery of the horizontal surface and extends
outward there from a horizontal distance of 4,000 feet.
Except as otherwise provided in this article, no structure shall
be erected, altered, or maintained, and no tree shall be allowed to
grow, in any zone created by this article 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 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.
B.
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, which is 805 feet above mean
sea level.
C.
Horizontal surface zone. Established at 150 feet above the established
airport elevation or at a height of 955 feet above mean sea level.
D.
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 or at a height
of 1,155 feet above mean sea level.
E.
Excepted height limitations. Nothing in this article shall be construed
as prohibiting the construction or maintenance of any structure or
growth of any tree to a height up to 75 feet above the surface of
the land.
A.
Reasonableness. All airport zoning regulations adopted under this
article shall be reasonable; none shall impose any requirement or
restriction unless it is reasonably necessary to effectuate the purpose
of this article. In determining what regulations it may adopt, the
municipality shall consider, among other factors, the character of
the flying operations expected to be conducted at the airport, the
nature of the terrain within the airport hazard area, the character
of the neighborhood and the uses to which the property to be zoned
is put and adaptable.
B.
Use restrictions. Notwithstanding any other provisions of this article,
no use may be made of land or water within any zone established by
this article in such a manner as to create electrical interference
with navigational signals or radio communication between the airport
and aircraft, make it difficult for pilots to distinguish between
airport lights and others, result in glare in the eyes of pilots using
the airport, impair visibility in the vicinity of the airport, create
bird strike hazards, or otherwise in any way endanger or interfere
with the landing, takeoff, or maneuvering of aircraft intending to
use the airport.
A.
Regulations not retroactive. 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 any nonconforming use, except as provided in § 350-80. Nothing contained herein shall require any change in the construction, alteration, or intended use of any structure, the construction or alteration of which was begun prior to the effective date of this article, and is diligently executed.
B.
Marking and lighting. Notwithstanding the preceding provision of
this section, the owner of any existing nonconforming structure or
tree is hereby required to permit the installation, operation, and
maintenance thereon or nearby of such markers and lights as shall
be deemed necessary by the Board of Supervisors or its appointed official
to indicate to the operators of aircraft in the vicinity of the airport
the presence of such airport obstruction. Such markers and lights
shall be installed, operated, and maintained at the expense of North
East Township.
A.
Future uses.
(1)
Except as specifically provided hereunder, no material change shall
be made in the use of land, no structure shall be erected or otherwise
established, and no tree shall be planted 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 particularity to permit it
to be determined whether the resulting use, structure, or tree 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 shall be granted
unless a variance had been approved in accordance with this section.
(a)
In the area lying within the limits of the horizontal zone and
conical zone, no permit under this article shall be required for any
tree or structure less than 75 feet of vertical height above the ground,
except when, because of terrain, land contour, or topographic features,
such tree or structure would extend above the height limits prescribed
for such zones.
(b)
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 shall be required under this article for any
tree or structure less than 75 feet of vertical height above the ground,
except when, because of terrain, land contour, or topographic features,
such tree or structure would extend above the height limit prescribed
for such approach zones.
(c)
In the areas lying within the limits of the transition zones
beyond the perimeter of the horizontal zones, no permit shall be required
under this article for any tree or structure less than 75 feet of
vertical height above the ground, except when such tree or structure,
because of terrain, land contour, or topographic feature, would extend
above the height limit prescribed for such transition zones.
(2)
Nothing contained in any of the foregoing exceptions shall be construed
as permitting or intending to permit any construction or alteration
of any structure, or growth of any tree, in excess of any of the height
limits established by this article, except that no permit is required
under this article to make maintenance repairs to or to replace parts
of existing structures which do not enlarge or increase the height
of an existing structure.
B.
Existing uses. Before any nonconforming structure may be replaced,
substantially altered or rebuilt, or tree allowed to grow higher or
replanted, a permit must be secured from the municipality 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 tree to become a greater hazard to air navigation
than it was on the effective date of this article 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 tree 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 tree to
exceed the applicable height limit or otherwise deviate from this
article.
D.
Variance.
(1)
Any person desiring to erect any structure or increase the height of any structure or permit the growth of any object of natural growth or otherwise use his property in violation of airport zoning regulations may apply to the Zoning Hearing Board for a variance from the zoning regulations in question. A variance shall only be granted after the requirements of § 350-81 are satisfied. A variance may be allowed where a literal application or enforcement of the regulations would result in practical difficulty or unnecessary hardship and the relief granted would not be contrary to the public interest but would do substantial justice and would be in accordance with the spirit of the regulations and this article. Any variance may be granted subject to any reasonable conditions that the Zoning Hearing Board may deem necessary to effectuate the purposes of this article.
(2)
The application for variance shall be accompanied by a determination
from the Federal Aviation Administration as to the effect of the proposal
on the operation of air navigation facilities and the safe, efficient
use of navigable airspace. Additionally, no application for variance
to the requirements of this article may be considered by the Zoning
Hearing Board unless a copy of the application has been furnished
to the Airport Manager (or person of equivalent description) for advice
as to the aeronautical effects of the variance. If the Airport Manager
(or person of equivalent description) does not respond to the application
within 15 days after receipt, the Zoning Hearing Board may act without
such input to grant or deny said application.
E.
Hazard marking and lighting. In granting any permit or variance under
this section, the Board shall, if it deems the action advisable to
effectuate the purpose of this article and reasonable under the circumstances,
so condition the permit or variance as to require the owner of the
structure or object of natural growth in question or 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.
A.
Local enforcement. It shall be the duty of the Zoning Officer to
administer and enforce the regulations prescribed herein. Applications
for permits and variances shall be made to the Zoning Officer upon
a form published for that purpose. Applications required by this article
to be submitted to the Zoning Officer shall be promptly considered
and granted or denied. Application for action by the Zoning Hearing
Board shall be forthwith transmitted by the Zoning Officer.
B.
Notice to Department. Notwithstanding any other provision of law,
if the Zoning Hearing Board decides to grant a permit or variance
under this article, the Board shall notify the Department of Transportation
of its decision. This notice shall be in writing and shall be sent
so as to reach the Department at least 10 days before the date upon
which the decision is to issue.
A.
Powers. The North East Township Zoning Hearing Board shall have and
exercise the following powers:
(1)
To
hear and decide appeals from any order, requirement, decision, or
determination made by the Zoning Officer in the enforcement of this
article;
(2)
To
hear and decide special exceptions to the terms of this article upon
which such Board under such regulations may be required to pass; and
(3)
To
hear and decide specific variances.
B.
Findings of fact/conclusions of law. The Zoning Hearing Board shall
make written findings of facts and conclusions of law giving the facts
upon which it acted and its legal conclusions from such facts in reversing,
affirming, or modifying any order, requirement, decision, or determination
which comes before it under the provisions of this article.
C.
Voting. The concurring vote of a majority of the members of the Zoning
Hearing Board shall be sufficient to reverse any order, requirement,
decision, or determination of the Zoning Officer or decide in favor
of the applicant on any matter upon which it is required to pass under
this article, or to effect variation to this article.
