This chapter shall be known and may be cited as "North Whitehall
Township Airport Zoning Ordinance."
As used in this chapter, unless the context otherwise requires,
the following terms shall have the meanings indicated in this section:
AIRPORT
Allentown Bethlehem Easton Airport.
APPROACH SURFACE
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 zone height limitation slope set forth in §
130-4 of this chapter. In plan, the perimeter of the approach surface coincides with the perimeter of the approach zone.
CONICAL SURFACE
A surface extending outward and upward from the periphery
of the horizontal surface at a slope of 20 to one for a horizontal
distance of 4,000 feet.
HAZARD TO AIR NAVIGATION
Obstruction determined to have a substantial adverse effect
on the safe and efficient utilization of the navigable airspace.
HEIGHT
For the purpose of determining the height limits of all zones
set forth in this chapter and shown on the Zoning Map, the datum shall
be mean sea level elevation unless otherwise specified.
HORIZONTAL SURFACE
A horizontal plane 150 feet above the established airport
elevation, the perimeter of which in plan coincides with the perimeter
of the horizontal zone.
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 chapter
or an amendment thereto.
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.
OBSTRUCTION
Any structure, growth, or other object, including a mobile object, which exceeds a limiting height set forth in §
130-4 of this chapter.
PERSON
An individual, firm, partnership, corporation, company, association,
joint-stock association or government entity; includes a trustee,
a receiver, an assignee, or a similar representative of any of them.
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
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 §
130-3 of this chapter. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway center line.
RUNWAY
A defined area on 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 SURFACES
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.
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
and less.
VISUAL RUNWAY
A runway intended solely for the operation of aircraft using
visual approach procedures.
In order to carry out the provisions of this chapter, 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 Allentown
Bethlehem Easton Airport. Such zones are shown on Allentown Bethlehem
Easton Airport Zoning Map consisting of two sheets, prepared by G.
Edwin Pidcock Company, Consulting Engineers, dated July 1981, which
is incorporated herein and made a part of this chapter as though attached
hereto. 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 Zone. The inner edge of this approach zone coincides
with the width of the primary surface and is 250 feet wide. The approach
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. Utility Runway Non-Precision-Instrument Approach Zone. The inner
edge of this approach zone coincides with the width of the primary
surface and is 500 feet wide. The approach zone expands outward uniformly
to a width of 2,000 feet at a horizontal distance 5,000 feet from
the primary surface. Its center line is the continuation of the center
line of the runway.
C. Runway Larger Than Utility Visual Approach Zone. The inner edge of
this approach zone coincides with the width of the primary surface
and is 500 feet wide. The approach zone expands outward uniformly
to a width of 1,500 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.
D. Runway Larger Than Utility With a Visibility Minimum Greater Than
3/4 Mile Non-Precision-Instrument Approach Zone. The inner edge of
this approach zone coincides with the width of the primary surface
and is 500 feet wide. The approach zone expands outward uniformly
to a width of 3,600 feet at a horizontal distance of 10,000 feet from
the primary surface. Its center line is the continuation of the center
line of the runway.
E. Runway Larger Than Utility With a Visibility Minimum as Low as 3/4
Mile Non-Precision-Instrument Approach Zone. The inner edge of this
approach zone coincides with the width of the primary surface and
is 1,000 feet wide. The approach zone expands outward uniformly to
a width of 4,000 feet at a horizontal distance of 10,000 feet from
the primary surface. Its center line is the continuation of the center
line of the runway.
F. Precision Instrument Runway Approach Zone. The inner edge of this
approach zone coincides with the width of the primary surface and
is 1,000 feet wide. The approach zone expands outward uniformly to
a width of 16,000 feet at a horizontal distance of 50,000 feet from
the primary surface. Its center line is the continuation of the center
line of the runway.
G. Transitional Zones. The transitional zones are the areas beneath
the transitional surfaces.
H. Horizontal Zone. The Horizontal Zone is established by swinging arcs
of 5,000 feet radii for all runways designated utility or visual and
10,000 feet for all others 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 zone does not include
the approach and transitional zones.
I. Conical Zone. The Conical Zone is established as the area that commences
at the periphery of the horizontal zone and extends outward therefrom
a horizontal distance of 4,000 feet.
Except as otherwise provided in this chapter, no structure shall
be erected, altered, or maintained and no tree shall be allowed to
grow in any zone created by this chapter to a height in excess of
the applicable height herein established for such zone.
A. Such applicable height limitations are hereby established for each
of the zones in question as follows:
(1) Utility
Runway Visual Approach 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.
(2) Utility
Runway Non-Precision-Instrument Approach 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.
(3) Runway
Larger Than Utility Visual Approach 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.
(4) Runway
Larger Than Utility With a Visibility Minimum Greater Than 3/4 Mile
Non-Precision-Instrument Approach Zone. Slopes 34 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 10,000
feet along the extended runway center line.
(5) Runway
Larger Than Utility With a Visibility Minimum as Low as 3/4 Mile Non-Precision-Instrument
Approach Zone. Slopes 34 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 10,000 feet along the extended
runway center line.
(6) Precision
Instrument Runway Approach Zone. Slopes 50 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 10,000 feet along
the extended runway center line; thence slopes upward 40 feet horizontally
for each foot vertically to an additional horizontal distance of 40,000
feet along the extended runway center line.
(7) Transitional
Zones. Slope 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 100 feet above mean sea level. In
addition to the foregoing, there are established height limits sloping
seven feet outward for each foot upward beginning at the sides of
and the same elevation as the approach surface and extending to where
they intersect the conical surface. Where the precision instrument
runway approach zone projects beyond the conical zone, there are established
height limits sloping seven feet outward for each foot upward beginning
at the sides of and the same elevation as the approach surface and
extending a horizontal distance of 5,000 feet measured at 90°
angles to the extended runway center line.
(8) Horizontal
Zone. Established at 150 feet above the airport elevation or at a
height of 250 feet above mean sea level.
(9) Conical
Zone. Slopes 20 feet outward for each foot upward beginning at the
periphery of the horizontal zone and at 150 feet above the airport
elevation and extending to a height of 350 feet above the airport
elevation.
B. Excepted height limitations. Nothing in this chapter shall be construed
as prohibiting the construction or maintenance of any structure or
growth of any tree to a height up to 50 feet above the surface of
the land.
Notwithstanding any other provisions of this chapter, no use
may be made of land or water within any zone established by this chapter
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.
It shall be the duty of the Code Enforcement Officer of North
Whitehall Township to administer and enforce the regulations prescribed
herein. Applications for permits and variances shall be made to the
Code Enforcement Officer upon a form published for that purpose. Applications
required by this chapter to be submitted to the Code Enforcement Officer
shall be promptly considered and granted or denied. Application for
action by the Board of Adjustment shall be forthwith transmitted by
the Code Enforcement Officer.
Any person aggrieved or any taxpayer affected by any decision
of the Board of Adjustment may appeal such decision, as provided by
the laws of the Commonwealth of Pennsylvania.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who violates or permits a violation of this chapter
shall, upon being found liable therefor in a civil enforcement proceeding
commenced by the Township before a Magisterial District Judge, pay
a fine of not more than $600, plus all court costs, including reasonable
attorney's fees, incurred by the Township in the enforcement of this
chapter. If the defendant neither pays nor timely appeals the judgment,
the Township may enforce the judgment pursuant to the applicable Rules
of Civil Procedure. Each day a violation exists shall constitute a
separate offense. Further, the appropriate officers or agents of the
Township are hereby authorized to seek equitable relief, including
injunction, to enforce compliance herewith.
Where there exists a conflict between any of the regulations
or limitations prescribed in this chapter and any other regulations
applicable to the same area, whether the conflict be with respect
to the height of structures or trees, the use of land, or any other
matter, the more stringent limitation or requirement shall govern
and prevail.
If any of the provisions of this chapter or the application
thereof to any person or circumstances 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.
This chapter shall become effective five days after enactment.