This article shall be known and may be cited as the "City of
Lock Haven Airport Overlay."
A.
This article is adopted pursuant to the authority conferred by the
Airport Zoning Act, 74 Pa.C.S.A. § 5911 et seq.
B.
It is hereby found that an obstruction has the potential for endangering
the lives and property of users of the William T. Piper Airport and
property or occupants of land in its vicinity; that an obstruction
may affect existing and future instrument approach minimums of the
William T. Piper 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 William T. Piper
Airport and the public investment therein. Accordingly, it is declared:
(1)
That the creation or establishment of an obstruction has the potential
of being a public nuisance and may injure the region served by the
William T. Piper 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.
(3)
That the prevention of these obstructions should be accomplished,
to the extent legally possible, by the exercise of the police power
without compensation.
C.
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
land.
In order to carry out the provisions of this chapter, there
are hereby created and established certain zones within the Airport
Overlay Zone which include all of the land lying beneath the approach
surfaces, transitional surfaces, horizontal surfaces and conical surfaces
as they apply to the William T. Piper Airport. Such zones are shown
on the William T. Piper Airport Height Limitation and Zoning District
Map prepared by the Pennsylvania Department of Transportation, Bureau
of Aviation, and dated 1989, and the City of Lock Haven, Clinton County,
Pennsylvania Airport Overlay Map,[1] which are attached to this chapter and made a part hereof. 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.
Larger-Than-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 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.
B.
Transitional Surface Zones. Established beneath the transitional
surfaces adjacent to each runway and approach surface as indicated
on the Height Limitation and Zoning District Map.
C.
Horizontal Surface Zone. Established beneath the horizontal surface,
150 feet above the established airport elevation, the perimeter of
which is constructed by swinging arcs of five-thousand-foot 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 surface zone does not include the approach surface
and transitional surface zones.
D.
Conical Surface Zone. Established beneath the conical surface. The
Conical Surface Zone commences at the periphery of the horizontal
surface and extends outward therefrom a horizontal distance of 4,000
feet.
[1]
Editor's Note: The Airport Overlay Map is included as an attachment to this chapter.
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 evaluation
as the primary surface and extending to a horizontal distance of 5,000
feet along the extended runway center line.
B.
Transitional Surface Zones. 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 555 feet above mean
sea level. In addition to the foregoing, when an airport has a precision
instrument runway approach 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 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 at 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.
C.
Horizontal Surface Zone. Established at 150 feet above the established
airport elevation or at a height of 705 feet above mean sea level.
D.
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 and extending to a height
of 350 feet above the established airport elevation or at a height
of 905 feet above mean sea level.
E.
Excepted height limitations. Nothing in this chapter shall be construed
as prohibiting the construction or maintenance of any structure or
growth of any tree to a height up to 50 feet above the surface of
the land.
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 chapter. In determining what regulations it may adopt, the
City 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.
(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 § 410-73 (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 chapter, and is diligently executed.
(2)
Marking and lighting. Notwithstanding the preceding subsection 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 City of Lock Haven 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 City of Lock Haven.
A.
Future uses.
(1)
Except as specifically provided in Subsection A(1)(a) through (c), below, 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 below.
(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,
because of terrain, land contour or topographic features, 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 zones, 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 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, 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 tree allowed to grow higher or
replanted, a permit must be secured from the City 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 amendment
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
chapter.
D.
Variance. 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 set forth in Article XXIII of this chapter 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 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 airport manager (or person of equivalent description) for advice as to the aeronautical effects of the variance. If the 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 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 City,
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. Applicants
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 Zoning Hearing
Board 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.
Right of appeal. Any person aggrieved or taxpayer affected by any
decision of the City may appeal to the Zoning Hearing Board as provided
by law.
B.
Reasonable time requirement. All appeals hereunder must be taken
within a reasonable time as provided by the rules of the Zoning Hearing
Board. The Board 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 City certifies to the Board,
after the notice of appeal has been filed within, 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 cases, proceedings
shall not be stayed otherwise than by order of the Board or notice
to the City.
D.
Power to reverse, affirm or modify orders. The Zoning Hearing Board
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 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 by airport zoning regulations, the City 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 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.
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 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 Zoning Hearing Board 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.
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 provision herein if any question of intent should arise.
A.
Any person, or partnership or corporation who or which has violated
or permitted the violation of the provisions of any zoning ordinance
enacted under this act or prior enabling laws shall, upon being found
liable therefor in a civil enforcement proceeding commenced by a municipality,
pay a judgment of not more than $500 plus all court costs, including
reasonable attorney fees incurred by a municipality as a result thereof.
No judgment shall commence or be imposed, levied or payable until
the date of the determination of a violation by the Magisterial District
Judge. If the defendant neither pays nor timely appeals the judgment,
the municipality may enforce the judgment pursuant to the applicable
rules of civil procedure. Each day that a violation continues shall
constitute a separate violation, unless the Magisterial District Judge,
determining that there has been a violation, further determines that
there was a good faith basis for the person, partnership or corporation
violating this article to have believed that there was no such violation,
in which event there shall be deemed to have been only one such violation
until the fifth day following the date of the determination of a violation
by the Magisterial District Judge, and thereafter each day that a
violation continues shall constitute a separate violation. All judgments,
costs and reasonable attorney fees collected for the violation of
zoning ordinances shall be paid over to the municipality whose ordinance
has been violated.
B.
The court of common pleas, upon petition, may grant an order of stay,
upon cause shown, tolling the per diem fine finding a final adjudication
of the violation and judgment.
C.
Nothing contained in this section shall be construed or interpreted
to grant to any person or entity other than the municipality the right
to commence any action for enforcement pursuant to this section.
A.
Notice and hearing. No airport zoning regulation shall be adopted,
amended or changed except by action of the City 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 and the second publication shall not be less
than seven 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 above.
The following figures and formulas have been prepared for determining
the maximum allowable heights of objects within the airport's vicinity.
The formulas are used in conjunction with the figure; whereas a formula
is assigned a number, that formula corresponds with a point location
of the same number on the figure. By using the formula and following
the steps outlined below, the maximum allowable height at a point
location can be determined.
A.
Locate the point (object) in question on the figure (sample point
locations identified by numbers are given in various coded airport
zones).
B.
Apply the formula having the same number as the chosen point location
to calculate the maximum allowable height for an object at that point
[some formulas will have letter variables (A, B, C, etc.) which are
shown on the figure].
|
Visual and Utility Nonprecision Runway Zones
| ||
|---|---|---|
|
Allowable Height Formulas
| ||
|
Location Zone
|
Formula
| |
|
1.
|
Horizontal Surface
|
Allowable height = established airport elevation (555 feet)
+ (150 feet) - (ground elevation)
|
|
2.
|
Conical Surface
|
Allowable height = (555 feet) + (150 feet) + (A ÷ 20)
- (ground elevation)
|
|
3.
|
Primary Surface
|
Allowable height = (555 feet) - (ground elevation)
|
|
4.
|
Transitional Surface
|
Allowable height = (elevation of the primary surface along the
runway center line perpendicular to the location point) + (B + 7)
- (ground elevation)
|
|
5.
|
Transitional Surface
|
Allowable height = (elevation of the approach surface along
the runway center line perpendicular to the location point) + (E ÷
7) - (ground elevation)
|
|
6.
|
Approach Surface
|
Allowable height = (runway end elevation) + (c - 200 ÷
20) - (ground elevation)
|
