[Amended by Ord. No. 885, 10/3/2011]
The purpose of this article is to create an Airport District
Overlay that considers safety issues around the airports, 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.
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.
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.
The highest and lowest point of an airport's useable landing
area measured in feet above sea level.
Any structure or object, natural or manmade, or use of land
which obstructs the airspace required for flight of 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.
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 (Pennsylvania Laws Relating to Aviation).
An imaginary surface longitudinally centered on the extended
runway centerline 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.[1]
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.
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 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 are 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.
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 preexisting structure, object of natural growth, or use
of land which is inconsistent with the provisions of this article
or an amendment thereto.
Any structure, growth or other object, including a mobile
object, which exceeds a limiting height set forth by this article.
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.
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 centerline.
The primary surface zone, as shown on Figure 1,[2] 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,[3] 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.
There are hereby created and established certain airport zones
within this Airport District Overlay Ordinance, defined in § 2102
and depicted on Figure 1[1] and illustrated on the Airport Hazard Area Maps, hereby
adopted as part of this chapter, which include:
A.
Approach Surface Zone.
B.
Conical Surface Zone.
C.
Horizontal Surface Zone.
D.
Primary Surface Zone.
E.
Transitional Surface Zone.
[1]
Editor's Note: Figure 1 is on file in the Township offices.
A.
As regulated by Act 164 and defined by 14 CFR 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), within any of the Airport Zones established by § 2103
of this article, shall submit their plans to the Elizabeth Township
Zoning Officer (the "Zoning Officer"). The Zoning Officer shall in
cooperation with the Elizabeth Township Engineer (the "Engineer")
determine whether the proposed plans interfere with any of the Airport
Zones.
B.
If the Zoning Officer and Engineer determine that there is no interference,
the applicant may proceed with their plans, which shall then be considered
to be in compliance with the intent of this Overlay article. If the
Zoning Officer and the Engineer determine that the plans interfere
with any of the Airport Zones, the applicant shall then 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 article. 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 § 2105.
C.
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. For purposes of calculating whether
proposed plans interfere with any of the Rostraver Airport Zones,
the location of the Rostraver Airport is as follows:
D.
For purposes of calculating whether proposed plans interfere with
any of the Inter County Airport Zones, it is presumed that all objects
less than 50 feet in height within the Inter County Airport Zones
do not interfere with the zones. The location of Inter County Airport
is as follows:
A.
Any request for a variance from the provisions of this article shall
include documentation in compliance with 14 CFR Part 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:
(1)
No Objection: The subject construction is determined not to
exceed obstruction standards and marking/lighting is not required
to mitigate any potential hazard. Under this determination a variance
shall be granted.
(2)
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 § 2108, Obstruction Marking and
Lighting.
(3)
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.
B.
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 article.
Notwithstanding any other provisions of this article, no use
shall be made of land or water within the Airport Zones established
by this 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
Airport, 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
underlying 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 § 2105 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.
The provisions of this Airport District Overlay article shall
be enforced as provided in Ordinance No. 820 of 2006, the Elizabeth
Township Zoning Ordinance (the "Zoning Ordinance"), as amended, and
the Pennsylvania Municipalities Planning Code. Permits required by
the provisions of this Airport District Overlay article shall be issued
or denied by the Elizabeth Township Zoning Officer according to the
provisions of this article.
Any person who is denied a permit by the Elizabeth Township
Zoning Officer under § 2104 of this chapter may apply to
the Elizabeth Township Zoning Hearing Board (the "Zoning Hearing Board")
for a variance from the provisions of this article. Upon application
the Zoning Hearing Board shall hold a hearing to determine whether
to grant the variance. In deciding whether to grant the variance the
Zoning Hearing Board shall follow the guidelines of § 2105
of this chapter. Otherwise the hearing shall be conducted as provided
in Article XIX of this chapter. All appeals from decisions rendered
by the Zoning Hearing Board shall be taken to the Allegheny County
Court of Common Pleas as provided in Article XIX of this chapter and
the Pennsylvania Municipalities 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 this 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.
