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:
AIRCRAFT
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.
AIRPORT
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.
AIRPORT ELEVATION
The highest point of an airport's usable landing area, measured
in feet from sea level; here, 1,188 feet above mean sea level.
AIRPORT HAZARD AREA
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.
APPROACH SURFACE
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.
BOARD OF APPEALS OR ADJUSTMENT
The Board appointed by the authority adopting these regulations. The number of members, powers, governing rules, etc., of the Board are set forth in §
190-1109 of this article. The Joint Airport Zoning Board is defined in §
190-1110.
CONICAL SURFACE
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.
DEPARTMENT
The Pennsylvania Department of Transportation.
FAA
The Federal Aviation Administration of the United States
Department of Transportation.
HAZARD TO AIR NAVIGATION
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.
HEIGHT
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.
HORIZONTAL SURFACE
A horizontal plan 150 feet above the established airport
elevation, the perimeter of which, in plan, coincides with the perimeter
of the Horizontal Zone.
NONCONFORMING USE
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.
PERSON
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.
PRIMARY SURFACE
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.
PRIVATE AIRPORT
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.
PUBLIC AIRPORT
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.
RUNWAY
A defined area on an airport prepared for landing and takeoff
of aircraft along its length.
RUNWAY, LARGER THAN UTILITY
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.
RUNWAY, NONPRECISION INSTRUMENT
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.
RUNWAY, PRECISION INSTRUMENT
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.
RUNWAY, UTILITY
A runway that is constructed for and intended to be used
by propeller-driven aircraft of 12,500 pounds maximum gross weight
and less.
RUNWAY, VISUAL
A runway intended solely for the operation of aircraft using
visual approach procedures.
STRUCTURE
An object, including a mobile object, constructed or installed
by man, including, without limitation, buildings, towers, cranes,
smokestacks, earth formation and overhead transmission lines.
TRANSITIONAL SURFACES
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.
TREE
Any object of natural growth.
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.
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.
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.
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.