The purpose of the Airport Overlay (AO) District is to prevent
the creation or establishment of a hazard within an airport hazard
area, to regulate the land uses permitted within the territorial limits
of such airport hazard area, to regulate the height to which structures
may be erected or objects of natural growth may be allowed to grow,
pursuant to the authority conferred by 1984 Pa. Laws 164, codified
at 74 Pa.C.S.A. § 5101 et seq., hereinafter "Aviation Code,"
and § 5912, hereinafter "Airport Zoning Act," as amended
or reauthorized.
The lands within Hamiltonban Township subject to the Airport
Overlay District are those contained within the defined Airport Hazard
Area of the Mid-Atlantic Soaring Center (the Airport), located at
154 Pecher Road in Liberty Township, Adams County. The Airport Hazard
Area is defined by the Mid-Atlantic Soaring Center Airport Surface
Areas Map, as may be updated or amended, and as prepared by the Pennsylvania
Department of Transportation (PennDOT) Bureau of Aviation. The map
is hereby included by reference as a component of the Hamiltonban
Township Zoning Map.
In order to carry out the provisions of this section, there
are hereby created and established certain zones which include all
of the land lying beneath the Airport Hazard Area associated with
the Airport. Only one zone covers lands within Hamiltonban Township.
Therefore, the following listing of zones is limited to those zones
necessary to establish the required regulations within the Hamiltonban
Township portion of the Airport Hazard Area.
A. Horizontal surface zone. The horizontal surface zone is established
beneath the horizontal surface to a height of 150 feet above the Airport
elevation. The perimeter of the horizontal surface zone is constructed
by swinging arcs of 5,000 feet radii from the center of each end of
the surface of the runway and by connecting said arcs by drawing lines
tangent to those arcs. The Airport elevation is hereby established
as 565 feet above sea level.
B. Conical surface zone. The conical surface zone is established beneath
the conical surface. This zone commences at the periphery of the horizontal
surface and extends outward therefrom a distance of 4,000 feet. It
is hereby acknowledged that only a portion of the conical surface
zone is applicable in Hamiltonban Township.
The following uses are permitted in the zones set forth above:
A. Conical surface zone. All uses in the underlying zoning district
shall be permitted in accordance with the bulk, area, and performance
standards associated with said uses unless otherwise indicated herein.
The following general restrictions shall apply to all Airport
surface zones. No use may be made of land or water within any zone
that would result in the following:
A. Building height or tree height that extends into the conical surface
zone.
B. Electrical interference with navigational signals or radio communication
between the airport and the aircraft.
C. Lighting interference making it difficult for pilots to distinguish
between airport lights and others.
D. Impairment to visibility as a result of glare in the eyes of pilots
using the Airport or in the vicinity of the airport.
E. Attraction of birds and creation of bird-strike hazards.
F. In any way endanger or interfere with the landing, takeoff, or maneuvering
of aircraft intending to use the Airport.
The following regulations shall apply to nonconformities within the Airport Overlay District. These shall be in addition to the regulations of Article
XXI.
A. The regulations of this section shall not be construed to require
the removal, lowering, or other change in any structure or tree not
conforming to the requirements of this section as of the effective
date of this section, or otherwise interfere with the continuance
of any nonconforming use, except as provided herein.
B. Nothing contained herein shall require any change in the construction,
alteration, or intended use of any structure, the construction or
alteration of which has begun prior to the effective date of this
section.
C. Before any nonconforming structure may be replaced, substantially
altered, or rebuilt, or before any nonconforming tree may be allowed
to grow higher or replanted, a zoning permit must be secured from
Hamiltonban Township authorizing such change. No zoning permit shall
be granted that would allow the establishment or creation of any 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
section or any amendments thereto or than it was when the application
for a zoning permit was made.
D. 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
zoning permit shall be granted that would allow such structure or
tree to exceed the applicable height limit or otherwise deviate from
this section.