A.
This article shall be known and may be cited as the "Pittsburgh-Bouquet
Airport Zoning Ordinance."
B.
The purpose of this article is for regulating and restricting the
height of structures and objects of natural growth and otherwise regulating
the use of property in the vicinity of the Pittsburgh-Bouquet Airport
by creating the appropriate zones and establishing the boundaries
thereof, referring to the Pittsburgh-Bouquet Airport Height Limitation
and Zoning District Map which is incorporated in and made part of
this article, providing for enforcement, establishing a Board of Adjustment
and imposing penalties.
This article is adopted pursuant to the authority conferred
by the Act of October 10, 1984, P.L. 837, No. 164, codified at 74
Pa.C.S.A. § 5101 et seq. It is hereby found that an obstruction
has the potential for endangering the lives and property of users
of the Pittsburgh-Bouquet Airport and property or occupants of land
in its vicinity, that an obstruction may affect existing and future
instrument approach minimums of the Pittsburgh-Bouquet 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 Pittsburgh-Bouquet Airport and the public
investment therein.
A.
Accordingly, it is declared:
(1)
That the creation or establishment of an obstruction has the
potential of being a public nuisance and many injure the region served
by the Pittsburgh-Bouquet Airport;
(2)
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;
and
(3)
That the prevention of these obstructions should be accomplished,
to the extent legally possible, by the exercise of the police power
without compensation.
B.
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
lands.
Definitions. The following words and phrases, when used in this
article, shall have the meanings given to them in this section, unless
the context clearly indicates otherwise:[1]
Any contrivance, except an unpowered hang glider or parachute,
used for manned ascent into or flight through the air. See 74 Pa.C.S.A.
§ 5102.
Refers to the Pittsburgh-Bouquet Airport and is defined as
any of land or 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. See 74
Pa.C.S.A. § 5102. As used herein, the term "airport" shall
not include heliports. Private and public airports are defined separately
in this section.
The highest point of an airport's usable landing area, measured
in feet from sea level; here, 1,188 feet above mean sea level.
Any area of land or water upon which a hazard to air navigation
(an airport hazard) might be established if not prevented as provided
by these regulations and the Act of October 10, 1984, P.L. 837, No.
164.
A surface longitudinally centered on the extended runway center line, extending outward and upward from the end of the primary surface and at such slope as the approach surface zone height limitation slope set forth in § 190-1105 of this article. In plan, the perimeter of the approach surface coincides with the perimeter of the Approach Zone.
These zones are shown in the illustration entitled "Isometric View of Airport Zones" set forth in § 190-1104 of this article.
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.
The Pennsylvania Department of Transportation.
The Federal Aviation Administration of the United States
Department of Transportation.
Any 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.
For the purpose of determining the height limits in all zones
set forth in this article and shown on the Zoning Map, the datum shall
mean sea level elevation unless otherwise specified.
A horizontal plan 150 feet above the established airport
elevation, the perimeter of which, in plan, coincides with the perimeter
of the Horizontal Zone.
Any preexisting structure, object of natural growth or use of land which is inconsistent with the provisions of this article or an amendment thereto. Any structure, growth or other object, including a mobile object, which exceeds a limiting height set forth in § 190-1105 of this article.
An individual, firm, partnership, corporation, company, association,
joint-stock association or governmental entity, including a trustee,
a receiver, an assignee or a similar representative of any of the
above.
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 is set forth in § 190-1104 of this article. 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.
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.
A runway having an existing instrument approach procedure
utilizing air navigation facilities with only horizontal guidance
or area-type navigation equipment and for which a straight-in nonprecision
instrument approach procedure has been approved or planned.
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 runway that is constructed for and intended to be used
by propeller-driven aircraft of 12,500 pounds maximum gross weight
and less.
A runway intended solely for the operation of aircraft using
visual approach procedures.
An object, including a mobile object, constructed or installed
by man, including, without limitation, buildings, towers, cranes,
smokestacks, earth formation and overhead transmission lines.
These surfaces extend outward at ninety-degree 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 ninety-degree
angles to the extended runway center line.
Any object of natural growth.
A.
In order to carry out the provisions of this article, there are hereby
created and established certain airport zoning districts (AZDs) which
include all of the land lying beneath the approach surfaces, transitional
surfaces, horizontal surfaces and conical surfaces as they apply to
the Pittsburgh-Bouquet Airport. Such zones are visually depicted on
the Height Limitation and Airport Zoning District Map, prepared by
the Southwestern Pennsylvania Regional Planning Commission and dated
Spring of 1986, which is attached to this article and made a part
hereof.[1] 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.
[1]
Editor's Note: Said map is on file in the Township offices.
B.
The following airport zoning districts are established for the Pittsburgh-Bouquet
Airport:
|
Gross Floor Area
(square feet)
|
Number of Berths Required
| |
|---|---|---|
|
Under 40,000
|
None
| |
|
40,000 to 59,999
|
1 berth
| |
|
60,000 to 99,999
|
2 berths
| |
|
100,000 to 160,000
|
3 berths
| |
|
Over 160,000
|
4 berths
|
C.
The airport zoning districts for the Pittsburgh-Bouquet Airport are
defined as follows:
(1)
CONICAL ZONE (AZD-5): 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, established
here by swinging arcs of 9,000 feet from the center of the primary
surface of each runway.
(2)
HORIZONTAL ZONE (AZD-4): The Horizontal Zone is established
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 Zone does not
include the Approach and Transitional Zones.
(3)
PRIMARY SURFACE ZONE (AZD-1): 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.
The width of the primary surface is set forth, for each runway, in
the definitions contained in this subsection.
(4)
TRANSITIONAL ZONES (AZD-3): The Transitional Zones are the areas beneath the transitional surfaces (see the definition of "transitional surfaces" in § 190-1103).
(5)
UTILITY RUNWAY VISUAL APPROACH ZONE (AZD-2): The inner edge
of this zone coincides with the width of the primary surface and is
250 feet wide. The Approach Zone expands outward uniformly to the
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.
 |
Except as otherwise provided in this article, no structure shall
be erected, altered or maintained and no tree shall be allowed to
grow in any zone created by this article to a height in excess of
the applicable height limit herein established for such zone. Such
applicable height limitations are hereby established for each of the
zones in question as follows:
A.
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.
B.
Transitional Zone: 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 1,188 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 at the same elevation as the approach surface
and extending to where they intersect the conical surface.
C.
Horizontal Zone: established at 150 feet above the established airport
elevation or at a height of 1,338 above mean sea level.
D.
Conical Zone: slopes 20 feet outward for each foot upward, beginning
at the periphery of the horizontal and at 150 feet above the airport
elevation and extending to a height of 350 feet above the airport
elevation. Here, 1,538 feet.
A.
Reasonableness. All airport zoning regulations adopted under this
article shall be reasonable; none shall impose any requirement or
restriction unless it is reasonably necessary to effectuate the purpose
of this article. In determining what regulations it may adopt, each
municipality and Joint Airport Zoning Board 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 areas, the character of the neighborhood and the uses
to which the property to be zoned is put and adaptable.
B.
Use restrictions. Notwithstanding any other provisions of this article,
no use may be made of land or water within any zone established by
this article 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, result in glare in the eyes of the 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.
C.
Nonconforming uses.
(1)
Regulations not retroactive. The regulations prescribed by this article 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 article or otherwise interfere with the continuance of any nonconforming use, except as provided in § 190-1107 (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 article and is diligently prosecuted.
(2)
Marking and lighting. Notwithstanding the preceding provisions
of this section, the owner of any existing nonconforming structure
of 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 Airport Manager 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 Pittsburgh-Bouquet Airport owner.
A.
Future uses.
(1)
Except as specially provided in Subsection A(1)(a), A(1)(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 therefor 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 or 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 article shall be granted unless a variance has been approved in accordance with Subsection D of this section.
(a)
In the area lying within the limits of the Horizontal Zone and
the Conical Zone, no permit shall be required for any tree or structure
less than 75 feet of vertical height above the ground, except when,
because of terrain, land contour or topographic features, such tree
or structure would extend above the height limits prescribed for such
zones.
(b)
In the area lying within the limits of the Horizontal Zone and
the Conical Zone, no permit shall be required for any tree or structure
less than 75 feet of vertical height above the ground, except when,
because of terrain, land contour or topographic features, such tree
or structure would extend above the height limits prescribed for such
zones.
(c)
In area 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 or structure
less than 75 feet of vertical height above the ground, except when
such tree or structure would extend above the height limit prescribed
for such approach zones.
(d)
In the areas lying within the limits of the Transitional Zones
beyond the perimeter of the Horizontal Zone, no permit shall be required
for any tree or structure less than 75 feet of vertical height above
the ground, except when such tree or structure, because of terrain,
land contour or topographic feature, would extend above the height
limit prescribed for such Transitional Zones.
(2)
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 article.
B.
Existing uses. A permit shall be obtained before any existing use
or structure may be substantially changed, but no permit may be 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.
However, all regulations shall provide that before any nonconforming
structure may be replaced, substantially altered or rebuilt or tree
may be allowed to grow higher or be replanted, a permit must be secured
from the municipality authorizing the replacement or change. Applications
for permits shall only be granted unless to do so would allow the
establishment or creation of an airport hazard or permit a nonconforming
structure or object of natural growth or nonconforming use to be made
or become higher or become a greater hazard to air navigation than
it was when the applicable regulation was adopted or than it is when
the application for a permit is made.
C.
Nonconforming uses abandoned or destroyed. Whenever the Director
of Community Development/Chief 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 the zoning regulations.
D.
Variances. Any person desiring to erect 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 this article may apply to the Board of Adjustment for a variance from such regulations. A variance shall only be granted after any requirements of § 190-1108 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 and would not create a hazard to air navigation but would do substantial justice and would be in accordance with the spirit of the regulations of this article. Additionally, no application for variance to the requirements of this article may be considered by the Board of Adjustment unless a copy of the application has been furnished to the Airport Manager for advice as to the aeronautical effects of the variance. If the Airport Manager does not respond to the application within 15 days after receipt, the Board of Adjustment may act on its own to grant or deny said application.
E.
Hazard marking and lighting. In granting any permit or variance under
this section, the Board shall, if it deems the action advisable to
effectuate the purposes of this article 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 permit the municipality,
at its own expense, or require the person or persons requesting the
permit or variance to install, operate and maintain thereon such markers
and lights as may be required by guidelines or regulations adopted
by the FAA.
A.
Local enforcement. It shall be the duty of the Director of Community
Development/Chief Zoning Officer to administer and enforce the regulations
prescribed herein. Applications for permits and variances shall be
made to the Director of Community Development/Chief Zoning Officer
upon a form published for that purpose. Applications required by this
article to be submitted to the Director of Community Development/Chief
Zoning Officer shall be promptly considered and granted or denied.
Application for action by the Board of Adjustment shall be forthwith
transmitted by the Director of Community Development/Chief Zoning
Officer.
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 issue.
There has been created, pursuant to Article IX of this chapter, as amended, the Zoning Hearing Board. Said Zoning Hearing Board shall have the power to hear and decide appeals from any order, requirement, decision or determination made by the Penn Township Zoning Officer in the enforcement of this article and to further hear and decide special exceptions to the terms of this article upon which such Zoning Hearing Board under such regulations may be required to pass and, further, to hear and decide specific variances, all of which is pursuant to the authority granted by this chapter, as amended.
Where any airport hazard area appertaining to an airport is
located outside the territorial limits of the municipality encompassing
the airport, all of the municipalities involved may, by ordinance
or resolution, create a Joint Airport Zoning Board which shall have
the same power to adopt, administer and enforce airport zoning regulations
applicable to the airport hazard area in question as that vested (by
the police power) in the municipality within which the area is located.
Each Joint Airport Zoning Board shall have all members, two representatives
appointed by each municipality participating in its creation and,
in addition, a chairman elected by a majority of the members so appointed.
A.
Right to appeal. Any person aggrieved or any taxpayer affected during
the administration of this article by any decision of the municipality
or Joint Zoning Hearing Board may appeal to the Board of Adjustment.
B.
Reasonable time requirement.
(1)
All appeals hereunder must be taken within a reasonable time,
as provided by the rules of the Board of Adjustment, by filing with
the Director of Community Development/Chief Zoning Officer a notice
of appeal specifying the ground thereof. The Director of Community
Development/Chief Zoning Officer shall forthwith transmit to the Board
of Adjustment all the papers constituting the record upon which the
action appealed from was taken.
(2)
The Board of Adjustment shall fix a reasonable time for hearing
appeals, give public notice and due notice to the parties in interest
and decide the same within a reasonable time. Upon the hearing, any
party may appear in person or by agent or by attorney.
C.
Stay of proceedings. An appeal shall stay all proceedings in furtherance
of the action appealed from unless the municipality or Joint Zoning
Hearing Board certifies to the Board of Adjustment, after the notice
of appeal has been filed with it, that, by reason of the facts stated
in the certificate, a stay would, in its opinion, cause imminent peril
to life or property. In such case, proceedings shall not be stayed
otherwise than by order of the Board of Adjustment on notice to the
municipality or Joint Zoning Hearing Board.
D.
Power to reverse, affirm or modify orders. The Board of Adjustment
may, in conformity with the provisions of this article, reverse or
affirm, in whole or in part, or modify the order, requirement, decision
or determination appealed from and may make such order, requirement,
decision or determination as may be appropriate under the circumstances.
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 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 purposes of this article. 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 of 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.
A.
Incorporation. In the event that a municipality 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.
B.
Conflicts. In the event of conflict between any airport zoning regulations
adopted under this article 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 municipality which
adopted the airport zoning regulations or be some other municipality
or otherwise, the more stringent limitation or requirement shall govern
and prevail.
Any person aggrieved or any taxpayer affected by any decision
of the Board of Adjustment may appeal to the Court of Common Pleas
as provided by law. In cases where applicable law does not provide
an appeal from a municipality to a board, a person or taxpayer may
appeal from a decision of a municipality or Joint Airport Zoning Board,
as provided by law for similar zoning proceedings.
Each violation of this article or of any regulation, order or
ruling promulgated hereunder shall constitute a misdemeanor and shall
be punishable by a fine of not more than $500 or imprisonment for
not more than 60 days or both, and each day a violation continues
to exist shall constitute a separate offense.
No airport zoning regulations shall be adopted, amended or changed
except by action of the municipality or the Zoning Hearing Board 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 in the municipality or municipalities 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 14 days from the date
of hearing.
