In accordance with Act 164 of 1984, entitled "Pennsylvania Laws
Relating to Aviation to Prevent the Creation or Establishment of Airport
Hazards,"[1] the following provisions, as contained within the Model
Airport Zoning Ordinance for Lower Allen Township, prepared by L.
Robert Kimball and Associates, 1989, as well as all referenced material
and mapping contained within the cited model ordinance, are adopted
as part of this chapter. Copies of the Model Airport Zoning Ordinance
for Lower Allen Township are available in the Township offices.
[1]
Editor's Note: See 74 Pa.C.S.A. § 5101 et seq.
The following words and phrases, when used in this article, shall have the meaning given to each herein and shall supersede definitions as contained in Article II of this chapter, 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.
Harrisburg International and Capital City Airports, and 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 (Harrisburg International Airport: 310 feet;
Capital City Airport: 347 feet).
Any structure or object, natural or man-made, or use of land
which obstructs the airspace required for flight of aircraft in landing
or taking off at an airport or is otherwise hazardous as defined by
"airport hazard" in 74 Pa.C.S.A. § 5102.
Any area of land or water upon which an airport hazard might
be established if not prevented as provided for in this article and
Act 164 of 1984 (Pennsylvania Laws Relating to Aviation).[1]
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 § 220-229.1 of this article. In plan, the perimeter of the approach surface coincides with the perimeter of the approach surface zone.
These zones are set forth in § 220-229 of this chapter.
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.
In determining the height limits in all zones set forth in
this article and shown on the Zoning Map, the datum shall be the 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 chapter
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 this article.
An individual, firm, partnership, corporation, company, association,
joint-stock association or governmental entity, and includes a trustee,
a receiver, an assignee or similar representative.
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 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.
An object, including a mobile object, constructed or installed
by man, including, but without limitation, buildings, towers, cranes,
smokestacks, earth formation and overhead transmission lines.
These surfaces extend outward at 90° 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 90° 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.
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.
In order to carry out the provisions of this chapter, there
are hereby created and established certain zones which include all
lands lying beneath the approach surfaces, transitional surfaces,
horizontal surfaces and conical surfaces as they apply to the Harrisburg
International and Capital City Airports. Such zones are shown on the
Harrisburg International and Capital City Airport Height Limitation
and Zoning District Maps, prepared by the Pennsylvania Department
of Transportation, Bureau of Aviation, and dated 1989, which, by reference,
is made a part of this article. 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.
Utility runway nonprecision instrument approach surface zone: established
beneath the nonprecision instrument approach surface. The inner edge
of this zone coincides with the width of the primary surface and is
500 feet wide. The zone expands outward uniformly to a width of 2,000
feet at a horizontal distance 5,000 feet from the primary surface.
Its center line is the continuation of the center line of the runway.
C.
Runway larger than utility 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 500 feet wide. The zone
expands outward uniformly to a width of 1,500 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.
D.
Runway larger than utility with a visibility minimum greater than
3/4 mile nonprecision instrument approach surface zone: established
beneath the nonprecision instrument approach surface. The inner edge
of this zone coincides with the width of the primary surface and is
500 feet wide. The zone expands outward uniformly to a width of 3,500
feet at a horizontal distance of 10,000 feet from the primary surface.
Its center line is the continuation of the center line of the runway.
E.
Runway larger than utility with a visibility minimum as low as 3/4
mile nonprecision instrument approach surface zone: established beneath
the nonprecision instrument approach surface. The inner edge of this
zone coincides with the width of the primary surface and is 1,000
feet wide. The zone expands outward uniformly to a width of 4,000
feet at a horizontal distance of 10,000 feet from the primary surface.
Its center line is the continuation of the center line of the runway.
F.
Precision instrument runway approach surface zone: established beneath
the precision instrument approach surface. The inner edge of this
zone coincides with the width of the primary surface and is 1,000
feet wide. (NOTE: Appropriate runway type and dimension for the width
of the primary surface is set forth in Federal Aviation Regulation
Part 77, Objects Affecting Navigable Airspace, Dimensional Standards
Table, page 19, January 1975.) The zone expands outward uniformly
to a width of 16,000 feet at a horizontal distance of 50,000 feet
from the primary surface. Its center line is the continuation of the
center line of the runway.
G.
Transitional surface zone: established beneath the transitional surfaces
adjacent to each runway and approach surface as indicated on the Height
Limitation and Zoning District Map.
H.
Horizontal surface zone: established beneath the horizontal surface,
150 feet above the established airport elevation, the perimeter of
which is constructed in accordance with the provisions contained within
the Model Airport Zoning Ordinance to Limit the Height of Objects
Around Airports, prepared by L. Robert Kimball and Associates for
the Pennsylvania Department of Transportation, Bureau of Aviation,
1989. The horizontal surface zone does not include the approach surface
and transitional surface zones.
I.
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.
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 such 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.
Utility runway nonprecision instrument 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.
C.
Runway larger than utility 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.
D.
Runway larger than utility with a visibility minimum greater than
3/4 mile nonprecision instrument approach surface zone: slopes 34
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 10,000 feet along the extended runway center line.
E.
Runway larger than utility with a visibility minimum as low as 3/4
mile nonprecision instrument approach surface zone: slopes 34 feet
upward, beginning at the end of and at the same elevation as the primary
surface and extending to a horizontal distance of 10,000 feet along
the extended runway center line.
F.
Precision instrument runway approach surface zone: slopes 50 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 10,000 feet along the extended runway center line, thence slopes
upward 40 feet horizontally for each foot vertically to an additional
horizontal distance of 40,000 feet along the extended runway center
line.
G.
Transitional surface zone:
(1)
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 elevations as follows:
(2)
In addition to the foregoing, when an airport has a precision
instrument runway approach surface zone, 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. Where the
precision instrument runway approach surface zone projects beyond
the conical surface zone, 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 a
horizontal distance of 5,000 feet measured at 90° angles to the
extended runway center line.
I.
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, herein defined and extending
to a height of 350 feet above the established airport elevation, herein
defined.
J.
Excepted height limitations. Nothing in this chapter shall be construed
as prohibiting the construction or maintenance of any structure or
growth of any tree in accordance with provisions contained within
the Model Airport Zoning Ordinance to Limit the Height of Objects
Around Airports, prepared by L. Robert Kimball and Associates for
the Pennsylvania Department of Transportation, Bureau of Aviation,
1989.
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, if existing, 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 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.
C.
Nonconforming uses (for purposes of this article).
(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. 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
executed.
(2)
Marking and lighting. Notwithstanding the preceding provisions
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 Zoning Officer 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 applicant.
A.
Future uses. Except as specifically provided 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 herein.
(1)
In the area lying within the limits of the horizontal surface
zone and conical surface zone, no permit shall be required for any
tree or structure less than 75 feet in 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.
(2)
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 in vertical height above the ground, except when,
because of terrain, land contour or topographic features, such tree
or structure would extend above the height limit prescribed for such
approach zones.
(3)
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 or structure less than 75 feet in 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 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
article, 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.
B.
Existing uses. Before any nonconforming structure may be replaced,
substantially altered or rebuilt or any tree may be allowed to grow
higher or be replanted, a permit must be secured from the Township,
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
chapter or any amendments thereto or than it is when the application
for a permit is made.
C.
Nonconforming uses abandoned or destroyed. Whenever the 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
article.
D.
Variance. For purposes of this article, 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 Zoning Hearing Board for a variance from the zoning regulations in question. A variance shall only be granted after the requirements of § 220-269C 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 chapter. Any variance may be granted subject to any reasonable conditions that the Zoning Hearing Board may deem necessary to effectuate the purposes of this chapter. 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 chapter may be considered by the Zoning Hearing Board unless a copy of the application has been furnished to the applicable airport manager (or person of equivalent description) for advice as to the aeronautical effects of the variance. If the applicable 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 said application.
E.
Hazard marking and lighting. In granting any permits or variance
under this section, the Board shall, if it deems the action advisable
to effectuate the purpose 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 Township, 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 variance shall be made to the Zoning Officer upon
a form published for that purpose. Applications required by this article
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.
B.
Notice to Department of Transportation. Notwithstanding any other
provision of law, a municipality or board which decides to grant a
permit or variance under this article shall notify the Pennsylvania
Department of Transportation, Bureau of Aviation of its decision.
This notice shall be in writing and shall be sent so as to reach the
Department at least 10 days before the date upon which the decision
is to be issued.
