[HISTORY: Adopted by the Board of Supervisors
of the Township of West Deer 5-8-1991 by Ord. No. 217. Amendments noted where
applicable.]
GENERAL REFERENCES
Zoning — See Ch. 210.
This chapter shall be known and may be cited
as the "West Penn Airport Zoning Ordinance."
The following words and phrases when used in
this chapter shall have the meanings given to them in this section
unless the context clearly indicates otherwise:
Any contrivance, except an empowered hang glider or parachute,
used for manned ascent into or flight through the air.
Refers to the West Penn Airport.
Defined as: 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" 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: 1,125 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 1984 Pa. Laws 164 (Act 164).[1]
A surface longitudinally centered on the extended runway centerline, extending outward and upward from the end of the primary surface and at the same slope as the Approach Zone height limitation slope set forth in § 212-4 of this chapter. In plan, the perimeter of the approach surface coincides with the perimeter of the Approach Zone.
These zones are set forth in § 212-3 of this chapter.
A surface extending outward and upward from the periphery
of the horizontal surface at a slope of 20:1 for a horizontal distance
of 4,000 feet.
Pennsylvania Department of Transportation.
Federal Aviation Administration of the United States Department
of Transportation.
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.
For the purpose of determining the height limits in all zones
set forth in this chapter and shown on the Zoning Map, the datum shall
be 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.
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 chapter
or any 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 this chapter.
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 the
above.
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 § 212-3 of this chapter. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline.
An airport which is privately owned and which is not open
or intended to be open to the public.
An airport which is either publicly or privately owned and
which is open to the public.
A defined area on an airport prepared for landing and takeoff
of aircraft along its length.
An object, including a mobile object, construction or installed
by man, including but without limitation, buildings, towers, cranes,
smokestacks, earth formation, overhead transmission lines.
These surfaces extend outward at 90° angles to the runway
centerline and the runway centerline 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 90° angles to the
extended runway center line.
Any object of natural growth.
A runway that is constructed for any 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.
[1]
Editor's Note: See 74 Pa.C.S.A. § 5101
et seq.
A.
In order to carry out the provisions of this chapter, 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 West Penn 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 chapter 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 AZDs are established for the West Penn
Airport.
AIRPORT ZONING DISTRICTS
| ||
Primary Surface Zoning District
|
AZD-1
| |
Utility Runway Visual Approach Zoning District
|
AZD-2
| |
Transitional Zoning District (adjacent to Approach
Zoning Districts)
|
AZD-3
| |
Horizontal Zoning District
|
AZD-4
| |
Conical Zoning District
|
AZD-5
|
C.
The Airport Zoning Districts for the West Penn Airport
are defined as follows:
(1)
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 following definitions.
(2)
Utility Runway Visual Approach Zone (AZD-2). The inner
edge of this Approach Zone coincides with the width of the primary
surface and is 250 feet wide. The Approach 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.
(3)
Transitional Zones (AZD-3). The Transitional Zones
are the areas beneath the transitional surfaces.
(4)
Horizontal Zone (AZD-4). The Horizontal Zone is established
by swinging arcs of 5,000 feet radii (10,000 feet for all other) 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.
(5)
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
each end of the primary surface of each runway.
Except as otherwise provided in this chapter,
no structure shall be erected, altered, or maintained, and no tree
shall be allowed to grow in any zone created by this chapter to a
height in excess of the applicable height limit herein 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 extended runway.
B.
Transitional Zones. Slope 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 1,125 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
airport elevation or at a height of 1,275 feet above mean sea level.
D.
Conical Zone. Slopes 20 feet outward for each foot
upward beginning at the periphery of the Horizontal Zone and at 150
feet above the airport elevation and extending to a height of 350
feet above the airport elevation. Here: 1,475 feet.
A.
Reasonableness. All airport zoning regulations adopted
under this chapter shall be reasonable; none shall impose any requirement
or restriction unless it is reasonable necessary to effectuate the
purpose of this chapter. 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 area, 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 chapter, no use may be made of land or water within any zone
established by this chapter 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 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.
C.
Nonconforming uses.
(1)
Regulations not retroactive. The regulations prescribed by this chapter 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 chapter, or otherwise interfere with the continuance of any nonconforming use, except as provided in § 212-6 (pertaining 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 chapter, and is diligently prosecuted.
(2)
Marking and lighting. Notwithstanding the preceding
provision of this subsection, the owner of any existing nonconforming
structure or tree is hereby required to permit the installation, operation,
and maintenance thereon 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 Westmoreland County Airport Authority.
A.
Future uses.
(1)
Except as specifically provided in Subsection A(1)(a), (b) and (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 chapter 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 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 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 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.
(c)
In the areas lying within the limits of the
Transition 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, because of terrain, land contour,
or topographic features, such tree or structure would extend above
the height limits prescribed for such Transition 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 chapter.
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 allowed to grow higher or replanted, a
permit must be secured from the municipality authorizing the replacement
or change. Applications for permits shall be granted unless to do
so would allow the establishment or creation of any 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 Zoning Officer has determined 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 chapter, may apply to the Board of Adjustment for a variance from such regulations. A variance shall only be granted after the requirements of § 212-7 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, would not create a hazard to air navigation, but would do substantial justice, and would be in accordance with the spirit of this chapter. Additionally, no application for variance to the requirements of this chapter 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 in 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 purpose of this chapter 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 Zoning
Officer 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 chapter to be submitted to the Zoning Officer shall be promptly
considered and granted or denied. Application for action by the Board
of Adjustment shall be forthwith transmitted by the 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 chapter 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.
A.
Powers. There is hereby created a Board of Adjustment
to have and exercise the following powers:
(1)
To hear and decide appeals from any order, requirement,
decision or determination made by the Zoning Officer in the enforcement
of this chapter;
(2)
To hear and decide special exceptions to the term
of this chapter upon which such Board of Adjustment under such regulations
may be required to pass; and
(3)
To hear and decide specific variances.
B.
Creation; members; removal. Where a Zoning Board of
Appeals or Adjustment already exists, it may be appointed as the Board
of Adjustment. Otherwise, the Board shall consist of five members,
each to be appointed for a term of three years by the authority adopting
the regulations and to be removable by the appointing authority, for
cause, upon written charges and after a public hearing.
C.
Governing rules. The Board of Adjustment shall adopt
rules for its governance and in harmony with the provisions of this
chapter. Meetings of the Board of Adjustment shall be held at the
call of the Chairperson and at such other times as the Board of Adjustment
may determine. 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 Board of Adjustment shall be public.
The Board of Adjustment 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 the Zoning Officer and on due cause shown.
D.
Findings of fact; conclusions of law. The Board of
Adjustment 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 chapter.
E.
Voting. The concurring vote of a majority of the members
of the Board of Adjustment shall be sufficient to reverse any order,
requirement, decision, or determination of the Zoning Officer or decide
in favor of the applicant on any matter upon which it is required
to pass under this chapter, or to effect variation to this chapter.
A.
Right to appeal. Any person aggrieved, or any taxpayer
affected, during the administration of this chapter, 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 Zoning Officer a notice of appeal specifying the grounds
thereof. The 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 Appeal Board.
D.
Power to reverse, affirm or modify orders. The Board
of Adjustment may, in conformity with the provisions of this chapter,
reverse or affirm, in whole or in part, or modify the order, requirement,
decision, or determination appealed 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 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 chapter. 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.
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 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 chapter 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 by 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.
If any of the provisions of this chapter or
the application thereof to any person or circumstances are held invalid,
such invalidity shall not affect other provisions or applications
of this chapter which can be given effect without the invalid provisions
of this chapter, and the invalid provisions are hereby declared to
be severable.
A.
Use of language. Words of any gender used in this
chapter 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.
B.
Use of captions. The captions or headings of sections
in this chapter are inserted for convenience only, and shall not be
considered in construing the provisions herein if any question of
intent should arise.
Each violation of this chapter 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.
A.
Notice and hearing. No airport zoning regulations
shall be adopted, amended or changed except by action of the municipality
or the Joint Airport Zoning 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 the hearing.
B.
Effective date. Whereas, the immediate operation of the provisions of this chapter is necessary for the preservation of the public health, safety, morals and general welfare, an emergency is hereby declared to exist, and this chapter shall be in full force and effect from and after its passage by the municipality and publication and posting as required by Subsection A of this section.