[Adopted 2-21-1983 by Ord. No. 83-2]
This Part 2 shall be known and may be cited as "Millcreek Township
Airport Zoning Ordinance."
As used in this Part 2, unless the context otherwise requires:
Erie International Airport, owned by the City of Erie and
operated by Erie Municipal Airport Authority.
Seven hundred thirty-two feet above mean sea level.
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 zone height limitation slope set forth in § 70-15 of this Part 2. In plan, the perimeter of the approach surface coincides with the perimeter of the approach zone.
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.
An obstruction determined to have a substantial adverse effect
on the safe and efficient utilization of the navigable airspace and
can also mean any structure, or tree, or use of land, which obstructs
the airspace required for the flight of aircraft in landing or taking
off at an airport, or as otherwise hazardous to such landing or taking
off of aircraft.
For the purpose of determining the height limits in all zones
set forth in this Part 2 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 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.
A board consisting of three members appointed by the Millcreek
Township Supervisors.
Any preexisting structure, object of natural growth, or use
of land which is inconsistent with the provisions of this Part 2 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.
An individual, firm, partnership, corporation, company, association,
joint stock association or government 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 is set forth in § 70-14 of this Part 2. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway center line.
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 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 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.
In order to carry out the provisions of this Part 2, 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 Erie International
Airport. Such zones are shown on Millcreek Township Airport Zoning
Map consisting of two sheets, prepared by the Millcreek Township Engineering
Department, dated February 14, 1983, which is attached to this Part
2 and made a part thereof. 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 zone. 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.
B.
Utility runway nonprecision instrument approach zone. The inner edge
of this approach zone coincides with the width of the primary surface
and is 500 feet wide. The approach 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 zone. The inner edge of
this approach zone coincides with the width of the primary surface
and is 500 feet wide. The approach 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 zone. The inner edge of
this approach zone coincides with the width of the primary surface
and is 500 feet wide. The approach 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 zone. The inner edge of this
approach zone coincides with the width of the primary surface and
is 1,000 feet wide. The approach 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 zone. The inner edge of this
approach zone coincides with the width of the primary surface and
is 1,000 feet wide. The approach 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 zones. The transitional zones are the areas beneath
the transitional surfaces.
H.
Horizontal zone. The horizontal zone is established by swinging arcs
of 5,000 feet radii for all runways designated utility or visual and
10,000 feet for all others 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.
I.
Conical zone. 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.
Except as otherwise provided in this Part 2, no structure shall
be erected, altered, or maintained, and no tree shall be allowed to
grow in any zone created by this Part 2 to a height in excess of the
applicable height 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.
Utility runway nonprecision instrument 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.
C.
Runway larger than utility 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.
D.
Runway larger than utility with a visibility minimum greater than
3/4 mile nonprecision instrument approach 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 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.
F.
Precision instrument runway approach 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 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 732 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 the same elevation as the approach surface, and extending
to where they intersect the conical surface. Where the precision instrument
runway approach zone projects beyond the conical zone, there are established
height limits sloping seven feet outward for each foot upward beginning
at the sides of and the same elevation as the approach surface, and
extending a horizontal distance of 5,000 feet measured at ninety-degree
angles to the extended runway center line.
H.
Horizontal zone. Established at 150 feet above the airport elevation
or at a height of 882 feet above mean sea level.
I.
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.
J.
Excepted height limitations. Nothing in this Part 2 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.
Notwithstanding any other provisions of this Part 2, no use
may be made of land or water within any zone established by this Part
2 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 a 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.
A.
Regulations not retroactive. The regulations prescribed in this Part
2 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 2, or otherwise
interfere with the continuance of a 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 Part 2, and is diligently
prosecuted.
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 of such markers and lights as shall be deemed
necessary by the Erie Municipal Airport Authority or its successor
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
Erie Municipal Airport Authority or its successor.
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 Part 2 shall be granted unless a variance has been approved in accordance with § 70-18D.
(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 35 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 35 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 35 feet of vertical height above
the ground, except when such tree or structure, because of terrain,
land contour, or topographic features, would extend above the height
limit prescribed for such transition zones.
B.
Existing uses. 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 2 or any amendments thereto or than
it is when the application for a permit is made. Except as indicated,
all applications for such a permit shall be granted.
C.
Nonconforming uses abandoned or destroyed. Whenever the Millcreek
Township Code Enforcement 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 tree, or use property,
not in accordance with the regulations prescribed in this Part 2,
may apply to the Zoning Hearing Board for a variance from such regulations.
The application for variance shall be accompanied by a determination
from the Federal Aviation Administration or its successor as to the
effect of the proposal on the operation of air navigation facilities
and the safe, efficient use of navigable airspace. Such variances
shall be allowed where it is duly found that a literal application
or enforcement of the regulations will result in unnecessary hardship
and relief granted, will not be contrary to the public interest, will
not create a hazard to air navigation, will do substantial justice,
and will be in accordance with the spirit of this Part 2. Additionally,
no application for variance to the requirements of this Part 2 may
be considered by the Millcreek Township Hearing Board 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 Zoning Hearing Board may act on its own to grant or deny said
application.
E.
Obstruction marking and lighting. Any permit or variance granted
may, if such action is deemed advisable to effectuate the purpose
of this Part 2 and be reasonable in the circumstances, be so conditioned
as to require the owner of the structure or tree in question to install,
operate, and maintain, at the owner's expense, such markings and lights
as may be necessary. If deemed proper by the Zoning Hearing Board,
this condition may be modified to require the owner to permit the
City of Erie, at its own expense, to install, operate, and maintain
the necessary markings and lights.
It shall be the duty of the Millcreek Township Code Enforcement Officer to administer and enforce the regulations prescribed herein. Applications for permits and variances shall be made to the Millcreek Township Code Enforcement Officer upon a form published for that purpose. Applications required by this Part 2 to be submitted to the Millcreek Township Code Enforcement Officer shall be promptly considered and granted or denied. Application for action by the Zoning Hearing Board shall be forthwith transmitted by the Code Enforcement Officer. The Code Enforcement Officer shall issue to a person believed to have violated this Part 2 and enforcement notice in a form adopted by the Board of Supervisors. If a person fails to rectify cited violations by the date(s) set forth in the enforcement notice, violations of this Part 2 shall be enforced as civil matters in accordance with the procedure set forth in § 48-10.
Any person aggrieved, or any taxpayer affected, by any decision
of the Township's Code Enforcement Officer, made in the administration
of this Part 2, may appeal to the Millcreek Township Zoning Hearing
Board in accordance with the provisions of the Municipalities Planning
Code.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
[Amended 8-28-2007 by Ord. No. 2007-6[1]]
A person found to have committed a first violation of this Part
2 shall pay a fine for violation in the sum of $600. In addition,
persons found to have violated this Part 2 shall pay all costs of
the enforcement, including attorney's fees incurred by the Township
in enforcement.
