This chapter shall be known and may be cited as the "Small Noncommercial
UA."
As used in this chapter, the following terms shall have the
meanings indicated, unless the context specifically and clearly indicates
otherwise:
AIRCRAFT
Any contrivance invented, used, or designed to navigate or
fly in the air.
AIRPORT
The Pittsburgh International Airport ( PIT).
AIRPORT AUTHORITY
The Allegheny County Airport Authority, which is the operator
of the airport, or any successor entity thereof.
ENFORCEMENT ACTION
Any action taken under this chapter for an alleged violation
of the same.
INCOMPATIBLE LAND USE
Use of land within the Township boundaries that poses an
undue hazard to manned aircraft departing and arriving at the airport,
and/or to persons or property on the ground.
LARGE COMMERCIAL UA
An unmanned aircraft that weighs 55 pounds or more on takeoff,
including everything that is on board or otherwise attached to the
unmanned aircraft, and is used for a purpose other than a recreational
or hobby purpose.
MANNED AIRCRAFT
Any aircraft operated by the input of a person who is onboard
the aircraft.
OPERATE
Includes the taking off, landing, or otherwise manipulating
flight controls of a UA.
PERSON
An individual person or a company, or other duly organized
and authorized entity, but not including the Township, the Commonwealth
of Pennsylvania, the United States, or an individual person acting
in an official capacity thereof.
PIT UAS MAP
The Pittsburgh International Airport (PIT) Unmanned Aerial
System (UAS) Map attached hereto and incorporated herein as Exhibit
"A".
SAFETY-CRITICAL LAND
The land within the boundaries reflected on the PIT UAS Map
designated "safety-critical land" or which has been later designated
as "safety-critical land" via notice issued by the Township or the
Airport Authority.
SMALL NONCOMMERCIAL UA
An unmanned aircraft operated for hobby or recreational purposes
and which is not operated by a certified remote pilot and/or pursuant
to Part 107 of the Federal Aviation Regulations.
UNMANNED AIRCRAFT (UA)
An aircraft that is operated by a person via a ground control
system, or autonomously through use of an on-board computer, communication
links and any additional equipment that is necessary for the UA to
operate.
The purpose of this chapter is to address issues related to
use of unmanned aircraft from ground-based locations within the boundaries
of the Township, in consideration of the following:
A. Congress
has prohibited the FAA from promulgating binding and enforceable rules
and/or regulations governing the recreational or hobby operation of
small noncommercial UA, more commonly referred to as "drones;"
B. The Township
has a proprietary interest in the real property constituting the UAS
restricted land and has an interest in protecting life and property
belonging to its citizens who live and work within the UAS restricted
land;
C. The Township
has traditionally had the responsibility and jurisdiction to regulate
matters that occur from ground situated within its boundaries and
below the minimum safe altitude for manned aircraft for the protection
thereof;
D. The Airport
Authority is obligated by federal law to operate its airport in a
safe and serviceable condition, and to take appropriate action to
assure that terminal airspace as is required to protect instrument
and visual operations to the airport (including established minimum
flight altitudes) will be adequately cleared and protected by mitigating
exiting airport hazards and by preventing the establishment of future
airport hazards;
E. The Township
and the Airport Authority have historically worked together to ensure
that the land within the Township boundaries was compatible with airport
operations by land use regulations and approval, and the parties wish
to continue that cooperative history in preventing incompatible land
use within the Township boundaries;
F. The Township
desires to take affirmative action for the protection of life and
property within its boundaries;
G. The educational
and legally nonbinding guidance provided by various entities is insufficient
to protect the Township's interest in the property within its boundaries
and within the UAS restricted land, and is likewise insufficient to
protect the Airport Authority's proprietary rights in ownership and
operation of the airport or fulfill the Airport Authority's obligations;
H. The proliferation
of unmanned aircraft has given rise to the need to protect the land
situated and under flights departing and arriving at the airport,
as well as the land on which the airport sits;
I. The FAA
has called upon law enforcement agencies to deter, detect, investigate,
and, as appropriate, pursue enforcement actions to stop unauthorized
operations; and
J. The Township
has the power and authority to regulate matters occurring on the land
situated within its boundaries.