[Amended 1-3-2012 by Ord. No. 2-2012]
A.
This article shall be known and may be cited as the "Borough of Mount
Pocono Airport Zoning Ordinance."
B.
Description: "An ordinance regulating and restricting the height
to which structures may be erected or objects of natural growth, and
otherwise regulating the use of property in the vicinity of the Pocono
Mountain Municipal Authority by creating the appropriate airport zones
and establishing the boundaries thereof; providing for changes in
these restrictions and boundaries of such zones; defining certain
terms used herein; referring to the Pocono Mountains Municipal Airport
Height Limitation and Zoning District Map which is incorporated in
and made part of this ordinance; providing for enforcement; establishing
a Zoning Hearing Board; imposing penalties; and amending the Official
Zoning Map by the adoption of an Official Supplementary Airport Overlay
Zoning Map."
A.
This article is adopted pursuant to the authority conferred by 1984
PA Laws, Act 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 Pocono Mountains Municipal
Airport, and property or occupants of land in its vicinity; that an
obstruction may affect existing and future approach minimums of the
Pocono Mountains Municipal Airport; 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
Pocono Mountains Municipal Airport and the public investment therein.
C.
Whereas the creation or establishment of an airport hazard, as defined,
is a public nuisance and may injure the region served by the airport;
and
D.
Whereas, it is necessary in the interest of public health, public
safety and general welfare that the creation or establishment of airport
hazards, as defined be prevented; and whereas, the prevention of these
of these airport hazards, as defined, should be accomplished, to the
extent legally possible, by the exercise of police power without compensation;
and
E.
Whereas, both the prevention of the creation or establishment of
airport hazards, as defined, and the elimination, removal, alteration,
mitigation or marking and lighting of existing airport hazards, as
defined, are public purposes for which political subdivisions may
raise and expend public funds and acquire land or interests in land;
and
F.
Whereas the Borough Council of the Borough of Mount Pocono did hold
public hearing on December 19, 2011.
G.
Accordingly, it is declared: It is hereby ordained and enacted by
the Borough of Mount Pocono, Monroe County, Pennsylvania, as follows.
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.
Pocono Mountains Municipal Airport. Any area of land or water
which is used, or intended to be used, for the landing and takeoff
or aircraft up to but not to include stage one jets and 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.
1,916 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
the Act 164 of 1984 (Pennsylvania Laws Relating to Aviation).[1]
An imaginary surface longitudinally centered on the extended
runway center line, extending outward and upward from the 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,[2] is derived from the approach surface.
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 heights 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 of 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 arc by tangent lines. The radius of each arc is based on
the planned approach. The horizontal surface zone, as shown in Figure
1,[3] 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.
Any preexisting structure, object of natural growth, or use
of land which is consistent 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 by 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.
An imaginary surface longitudinally centered on the runway
extending 200 feet beyond the end of the 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
center line. The primary surface zone, as shown on Figure 1,[4] 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 formations 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,[5] 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.
[1]
Editor's Note: See 74 Pa.C.S.A. § 5101 et seq.
[2]
Editor's Note: Said figure is on file in the Borough offices.
[3]
Editor's Note: Said figure is on file in the Borough offices.
[4]
Editor's Note: Said figure is on file in the Borough offices.
[5]
Editor's Note: Said figure is on file in the Borough offices.
There are hereby created and established certain zones within the Airport District Overlay Ordinance, defined in § 215-128 and depicted on Figure 1 and illustrated on Airport Hazard Area Map, hereby adopted as part of this article,[1] 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: Said figure and map are on file in the Borough
offices.
As regulated by Act 164[1] and defined by 14 Code of Federal Regulations Part 77.13(a) (as amended or replaced), any person who plans to erect a new structure 20 feet or greater above ground level, or adds to an existing structure, thereby increasing the height to 20 feet or greater above ground level and/or to erect and maintain any object (natural or man-made) 20 feet or greater above ground level in the Airport Hazard Overlay District shall first notify the Department's Bureau of Aviation (BOA) and the Pocono Mountain Airport Authority 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 § 215-133. Permits and variances shall be in accordance with Chapter 215, Zoning, as amended, of the Code of Mount Pocono Borough. 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.
A.
Local enforcement. It shall be the duty of the Zoning Officer of
the Borough of Mount Pocono to administer and enforce the regulations
prescribed herein. Applications for permits and variances shall be
made to the Zoning Officer of the Borough of Mount Pocono upon a form
published for that purpose. Applications required by this article
to be submitted to the Zoning Officer of the Borough of Mount Pocono
shall be promptly considered and granted or denied. Application for
action by the Board of Adjustment shall be forthwith transmitted by
the Zoning Officer of the Borough of Mount Pocono.
B.
Notice to Department. Notwithstanding any other provision of law,
a municipality or board which decides to grant a permit or variance
under this article 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 be issued.
[1]
Editor's Note: See 74 Pa.C.S.A. § 5101 et seq.
A.
Any request for a variance shall include documentation in compliance
with 14 Code of Federal Regulations 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 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 § 215-136, 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 District Overlay
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 airport.
The regulations prescribed by this article shall not be construed
to require the removal, lowering, or other change or altercation 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 § 215-133 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.
Violations and penalties are subject to that in the underlying
Zoning Ordinance.[1]
Appeals are subject to the process in the underlying Zoning
Ordinance.[1]
Where there exists a conflict between any of the regulations
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.
