[Ord. 187, 4/18/2008]
1.
This
Part shall be known and may be cited as the “Smithfield Township
Airport Zoning Ordinance.”
2.
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 Stroudsburg-Pocono Airport by creating
the appropriate zones and establishing the boundaries thereof; providing
for changes in the restrictions and boundaries of such zones; defining
certain terms used herein referring to the Stroudsburg-Pocono Airport
height limitation and Zoning District Map which is incorporated in
and made part of this Part; providing for enforcement establishing
a zoning hearing board; and imposing penalties.
[Ord. 187, 4/18/2008]
1.
This
Part is adopted pursuant to the authority conferred by 1984 Pa. Laws
164, codified at 74 Pa.C.S.A. § 151 et seq.
2.
It is
hereby found that an obstruction has the potential for endangering
the lives and property of users of the Stroudsburg-Pocono Airport,
and property or occupants of land in its vicinity; that an obstruction
may affect existing and future instrument approach minimums of the
Stroudsburg-Pocono 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 Stroudsburg-Pocono
Airport and the public investment therein. Accordingly, it is declared:
A.
That
the creation or establishment of an obstruction has the potential
of being a public nuisance and may injure the region served by the
Stroudsburg-Pocono Airport.
B.
That
it is necessary in the interest of the public health, safety, morals
and general welfare that the creation or establishment of obstructions
that are a hazard to air navigation be prevented.
C.
That
the prevention of these obstructions should be accomplished, to the
extent legally possible, by the exercise of the police power without
compensation.
3.
It is
further declared that the prevention of the creation or establishment
of hazards to air navigation, the elimination, removal, alteration
or mitigation of hazards to air navigation, or the marking and lighting
of obstructions are public purposes for which a political subdivision
may raise and expend public funds and acquire land or interests in
land.
[Ord. 187, 4/18/2008]
The following words and phrases when used in this Part 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.
Any area of land or water which is used, or intended to be
used for the landing and takeoff of aircraft and any 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. As used herein, the term airport
includes public airports but excludes private airports and heliports.
Public and private airports are defined separately in this Section.
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 Part and the
Act 164 of 1984 (Pennsylvania Laws Relating to Aviation).
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 surface zone height limitation slope set forth in § 27-1104 of this Part. In plan the perimeter of the approach surface coincides with the perimeter of the approach surface zone.
These zones are set forth in § 27-1104 of this Part.
The Township Zoning Hearing Board.
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.
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 Part and shown on the Zoning Map, the datum shall
be mean sea level elevation unless otherwise specified.
A horizontal plane 150 feet above the established airport
elevation, the perimeter of which, in plan, coincides with the perimeter
of the horizontal surface zone.
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 inconsistent with the provisions of this Part 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 in § 27-1104 of this Part.
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.
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 § 27-1104 of this Part. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway center line.
An airport which is privately owned and which is not open
or intended to be open to the public as defined in 74 Pa.C.S.A. § 5102.
An airport which is either publicly or privately owned and
which is open to the public as defined in 74 Pa.C.S.A. § 5102.
A defined area on 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, building, towers, cranes,
smokestacks, earth formations and overhead transmission lines.
These surfaces extend outward at 90º 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 90º angles to the
extended runway center line.
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.
Intended solely for the operation of aircraft using visual
approach procedures.
[Ord. 187, 4/18/2008]
1.
In order
to carry out the provisions of this Part, 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 the Stroudsburg-Pocono Airport.
Such zones are shown on the Stroudsburg-Pocono Airport Height Limitation
and Zoning District Map prepared by the Pennsylvania Department of
Transportation, Bureau of Aviation, and dated, Spring, 1989, which
is attached to this Part and made a part hereof. 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 Surface Zone. Established beneath the visual
approach surface. The inner edge of this zone coincides with the width
of the primary surface and is 250 feet wide. The 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.
Transitional
Surface Zone. Established beneath the transitional surfaces adjacent
to each runway and approach surface indicated on the Height Limitation
and Zoning District Map.
C.
Horizontal
Surface Zone. Established beneath the horizontal surface, 150 feet
above the established airport elevation, the perimeter of which is
constructed by swinging arcs of 5,000 feet radii 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
surface zone does not include the approach surface and transitional
surface zones.
D.
Conical
Surface Zone. Established beneath the conical surface. This zone commences
at the periphery of the horizontal surface and extends outward therefrom
a horizontal distance of 4,000 feet.
[Ord. 187, 4/18/2008]
1.
Except
as otherwise provided in this Part, no structure shall be erected,
altered or maintained, and no tree shall be allowed to grow in any
zone created by this Part to a height in excess of the applicable
height limit herein established for such a zone. Such applicable height
limitations are hereby established for each of the zones in question
as follows:
A.
Utility
Runway Visual Approach Surface 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.
B.
Transitional
Surface Zones. Slopes 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 630 feet above mean sea level.
C.
Horizontal
Surface Zone. Established at 150 feet above the established airport
elevation or at a height of 630 feet above mean sea level.
D.
Conical
Surface Zone. Slopes 20 feet outward for each foot upward beginning
at the periphery of the horizontal surface and at 150 feet above the
established airport elevation and extending to a height of 350 feet
above the established airport elevation or at a height of 830 feet
above mean sea level.
E.
Excepted
Height Limitations. Nothing in this Part shall be construed as prohibiting
the construction or maintenance of any structure, or growth of any
tree to a height up to 35 feet above the surface of the land.
[Ord. 187, 4/18/2008]
1.
Reasonableness.
All airport zoning regulations adopted under this Part shall be reasonable;
none shall impose any requirement or restriction unless it is reasonably
necessary to effectuate the purpose of this Part. In determining what
regulations it may adopt, each municipality, shall consider, among
other factors, the character of the flying operations expected to
be conducted at the airport, the nature of the terrain within the
airport hazard area, the character of the neighborhood and the uses
to which the property to be zoned is put and adaptable.
2.
Use
Restrictions. Notwithstanding any other provisions of this Part, no
use may be made of land or water within any zone established by this
Part 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.
3.
Nonconforming
Uses.
A.
Regulations Not Retroactive. The regulations prescribed by this Part 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 Part, or otherwise interfere with the continuance of any nonconforming use, except as provided in § 27-1107 (relating to permits and variances). Nothing contained herein shall require any change in the construction, alteration or intended use of any structure, the construction or alteration of which was begun prior to the effective date of this Part, and is diligently executed.
B.
Marking
and Lighting. Notwithstanding the preceding provision of this Section,
the owner of any existing nonconforming structure or tree is hereby
required to permit the installation, operation and maintenance thereon
or nearby of such markers and lights as shall be deemed necessary
by the official in charge of marking and lighting necessities to indicate
to the operators of aircraft in the vicinity of the airport the presence
of such airport obstruction. Such markers and lights shall be installed,
operated and maintained at the expense of the airport owner.
[Ord. 187, 4/18/2008]
1.
Future Uses. Except as specifically provided in Subsection 1A, B, or C hereunder, no material change shall be made in the use of land, no structure shall be erected or otherwise established, and no tree shall be planted in any zone hereby created unless a permit therefore shall have been applied for and granted. Each application for a permit shall indicate the purpose for which the permit is desired, with sufficient particularity to permit it to be determined whether the resulting use, structure for tree would conform to the regulations herein prescribed. If such determination is in the affirmative, the permit shall be granted. No permit for a use inconsistent with the provisions of this Part shall be granted unless a variance has been approved in accordance with Subsection 4.
A.
In
the area lying within the limits of the horizontal zone and conical
zone, no permit shall be required for any tree less than 35 feet of
vertical height above the ground, except when, because of terrain,
land contour or topographic features, such tree would extend above
the height limits prescribed for such zones.
B.
In
areas lying within the limits of the approach zones, but at a horizontal
distance of not less than 4,200 feet from each end of the runway,
no permit shall be required for any tree less than 35 feet of vertical
height above the ground, except when, because of terrain, land contour
or topographic features, such tree would extend above the height limit
prescribed for such approach zones.
C.
In
the areas lying within the limits of the transition zones beyond the
perimeter of the horizontal zones, no permit shall be required for
any tree less than 35 feet of vertical height above the ground, except
when such tree, because of terrain, land contour or topographic feature,
would extend above the height limit prescribed for such transition
zones.
Nothing contained in any of the foregoing exceptions shall be
construed as permitting or intending to permit any construction, or
alteration of any structure, or growth of any tree in excess of any
of the height limits established by this Part, except that 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.
2.
Existing
Uses. Before any nonconforming structure may be replaced, substantially
altered or rebuilt or tree allowed to grow higher or replanted, a
permit must be secured from the Zoning Officer authorizing the replacement
or change. No permit shall be granted that would allow the establishment
or creation of an 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 Part or any amendments thereto or than
it is when the application for a permit is made.
3.
Nonconforming
Uses Abandoned or Destroyed. Whenever the Smithfield Township Zoning
Officer determines that a nonconforming tree or structure has been
abandoned or more than 80% torn down, physically deteriorated or decayed,
no permit shall be granted that would allow such structure or tree
to exceed the applicable height limit or otherwise deviate from this
Part.
4.
Variance. Any person desiring to erect any structure or increase the height of any structure or permit, the growth of any object of natural growth or otherwise use his property in violation of airport zoning regulations may apply to the Smithfield Township Zoning Hearing Board for a variance from the zoning regulations in question. A variance shall only be granted after the requirements of § 27-1108 are satisfied. A variance, may be allowed where a literal application or enforcement of the regulations would result in practical difficulty or unnecessary hardship and the relief granted would not be contrary to the public interest but would do substantial justice and would be in accordance with the spirit of the regulations and this Part. Any variance may be granted subject to any reasonable conditions that the Zoning Hearing Board may deem necessary to effectuate the purposes of this Part. The application for a variance shall be accompanied by a determination from the Federal Aviation Administration as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable airspace. Additionally, no application for variance to the requirements of this Part may be considered by the Zoning Hearing Board unless a copy of the application has been furnished to the Airport Manager (or person of equivalent description) for advice as to the aeronautical effects of the variance. If the Airport Manager (or person of equivalent description) does not respond to the application within 15 days after receipt, the Zoning Hearing Board may act without such input to grant or deny the application.
5.
Hazard
Marking and Lighting. In granting any permit or variance under this
Section, the Zoning Hearing Board shall, if it deems the action advisable
to effectuate the purpose of this Part and reasonable under the circumstances,
so condition the permit or variance as to require the owner of the
structure or object of natural growth in question to install, operate
and maintain thereon such markers and lights as may be required by
guidelines or regulations adopted by the FAA.
[Ord. 187, 4/18/2008]
1.
Local
Enforcement. It shall be the duty of the Zoning Officer 132 to administer
and enforce the regulations prescribed herein. Applications for permits
and variances shall be made to the Zoning Officer upon a form published
for that purpose. Applications required by this Part to be submitted
to the Zoning Officer shall be promptly considered and granted or
denied. Application for action by the Zoning Hearing Board shall be
forthwith transmitted by the Zoning Officer.
2.
Notice
to Department. Notwithstanding any other provision of law, a municipality
or Zoning Hearing Board which decides to grant a permit or variance
under this Part 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 issue.
[Ord. 187, 4/18/2008]
1.
Powers.
The Smithfield Township Zoning Hearing Board is hereby appointed to
have and exercise the following powers: (A) to hear and decide appeals
from any order, requirement, decision or determination made by the
Smithfield Township Zoning Officer in the enforcement of this Part;
and (B) to hear and decide specific variances.
2.
Governing
Rules. The Zoning Hearing Board shall adopt rules for its governance
and in harmony with the provisions of this Part. Meetings of the Zoning
Hearing Board shall be held at the call of the Chairperson and at
such other times as the Board may determine. For conduct of any hearing
or taking of any action, a quorum shall not be less than a majority
of all members. The Chairperson or, in the absence of the Chairperson,
the Acting Chairperson may administer oaths and compel the attendance
of witnesses. All hearings of the Zoning Hearing Board shall be public.
The Zoning Hearing Board shall keep minutes of its proceedings showing
the vote of each member upon each question, or if absent or failing
to vote, indicating such fact, and shall keep records of its examinations
and other official actions, all of which shall immediately be filed
in the office of Smithfield Township Zoning office and on due cause
shown.
3.
Findings
of Fact/Conclusions of Law. The Zoning Hearing Board shall make written
findings of facts and conclusions of law giving the facts upon which
it acted and its legal conclusions from such facts in reversing, affirming
or modifying any order, requirement, decision or determination which
comes before it under the provisions of this Part.
4.
Voting.
The concurring vote of a majority of the members of the Zoning Hearing
Board shall be sufficient to reverse any order, requirement, decision
or determination of the Township Zoning Officer or decide in favor
of the applicant on any matter upon which it is required to pass under
this Part, or to effect variation to this Part.
[Ord. 187, 4/18/2008]
1.
Right
of Appeal. Any person aggrieved or taxpayer affected by any decision
of the Zoning Hearing Board may appeal to the court of common pleas.
2.
Appeal
from Decision of Zoning Hearing Board. In case of an appeal from the
Board to the court of common pleas, the Board shall make the return
required by law, and shall promptly notify the Township Supervisors
of the return including transcript of testimony. Any decision of the
Board not appealed within 30 days shall be final.
[Ord. 187, 4/18/2008]
In any case in which it is desired to remove, lower or otherwise
terminate a nonconforming structure or use, or the approach protection
necessary cannot, because of constitutional limitations, be provided
by airport zoning regulations or it appears advisable that the necessary
approach protection be provided by acquisition of property rights,
rather than by airport zoning regulations, the municipality within
which the property or nonconforming use is located, or the municipality
or municipal authority owning the airport or served by it, may acquire
by purchase, grant or condemnation, in the manner provided by the
law under which municipalities are authorized to acquire real property
for public purposes, such air right, aviation easement or other estate
or interest in the property or nonconforming structure or use in question
as may be necessary to effectuate the purpose of this Part. In the
case of the purchase of any property or any easement or estate, or
interest therein, or the acquisition thereof by the power of eminent
domain, the municipality making the purchase or exercising the power
shall, in addition to the damages for the taking, injury or destruction
of property, also pay the cost of the removal and relocation of any
structure or any public utility which is required to be moved to a
new location.
[Ord. 187, 4/18/2008]
1.
Incorporation.
In the event that a Township has adopted or hereafter adopts a comprehensive
zoning ordinance regulating, among other things, the height of buildings,
any airport zoning regulations applicable to the same area or portion
thereof may be incorporated in and made a part of the comprehensive
zoning regulations and be administered and enforced in connection
therewith.
2.
Conflicts.
In the event of conflict between any airport zoning regulations adopted
under this Part and any other regulations applicable to the same area,
whether the conflict be with respect to the height of structures or
trees, and the use of land, or any other matter, and whether the other
regulations were adopted by the Township which adopted the airport
zoning regulations or by some other municipality or otherwise, the
more stringent limitation or requirement shall govern and prevail.
[Ord. 187, 4/18/2008]
1.
Use
of Language. Words of any gender used in this Part shall be held and
construed to include any other gender, and words in the singular shall
be used to include the plural, unless the context otherwise requires.
2.
Use
of Captions. The captions or headings of Sections in this Part are
inserted for convenience only, and shall not be considered in construing
the provisions herein if any question of intent should arise.
[Ord. 187, 4/18/2008]
1.
Any
person, partnership or corporation who or which has violated or permitted
the violation of the provisions of this Chapter enacted under this
act or prior enabling laws shall, upon being found liable therefor
in a civil enforcement proceeding commenced by a municipality, pay
a judgment of not more than $500 plus all court costs, including reasonable
attorney fees incurred by a municipality as result thereof. No judgment
shall commence or be imposed, levied or payable until the date of
the determination of a violation by the district justice. If the defendant
neither pays nor timely appeals the judgment, the municipality may
enforce the judgment pursuant to the applicable rules of civil procedure.
Each day that a violation continues shall constitute a separate violation,
unless the district justice determining that there has been a violation
further determines that there was a good faith basis for the person,
partnership or corporation violating the ordinance to have believed
that there was no such violation, in which event there shall be deemed
to have been only one such violation until the fifth day following
the date of the determination of a violation by the district justice
and thereafter each day that a violation continues shall constitute
a separate violation. All judgments, costs and reasonable attorney
fees collected for the violation of zoning ordinances shall be paid
over to the municipality whose ordinance has been violated.
2.
The
court of common pleas, upon petition, may grant an order of stay,
upon cause shown, tolling the per diem fine pending a final adjudication
of the violation and judgment.
3.
Nothing
contained in this Section shall be construed or interpreted to grant
to any person or entity other than the Township the right to commence
any action for enforcement pursuant to this Section.
[Ord. 187, 4/18/2008]
1.
Notice
and Hearing. No airport zoning regulations shall be adopted, amended
or changed except by action of the municipality after a public hearing
in relation thereto at which parties in interest and citizens shall
have an opportunity to be heard. The notice shall be published once
each week for two successive weeks in a newspaper of general circulation
the municipality affected. The notice shall state the time and place
of the hearing and the particular nature of the matter to be considered
at the hearing. The first publication shall not be more than 30 days
nor less than seven days from the date of the hearing.
2.
Effective Date. Whereas, the immediate operation of the provisions of this Part are necessary for the preservation of the public health, safety, morals and general welfare, an emergency is hereby declared to exist, and this Part shall be in full force and in effect from and after its passage by the municipality and publication and posting as required by this Subsection 2.
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