[HISTORY: Adopted by the City Council of the City of Clairton 12-28-2011 by Ord. No. 1851. Amendments noted where applicable.]
The purpose of this chapter is to create an Airport District
Overlay that considers safety issues around the Allegheny County Airport,
regulates and restricts the heights of constructed structures and
objects of natural growth, creates appropriate zones, establishing
the boundaries thereof and providing for changes in the restrictions
and boundaries of such zones, creates the permitting process for use
within said zones and provides for enforcement, assessment of violation
penalties, an appeals process, and judicial review.
The Airport District Overlay shall not modify the boundaries
of any underlying zoning district. Where identified, the Airport District
Overlay shall impose certain requirements on land use and construction
in addition to those contained in the underlying zoning district.
The following words and phrases when used in this chapter shall
have the meaning given to them in this section unless the context
clearly indicates otherwise.
The highest point of an airport's usable landing area
measured in feet above sea level. The elevation of the Allegheny County
Airport is 1,250 feet above mean sea level.
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 in
14 CFR Part 77 and 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 chapter and
Act 164 of 1984 (Pennsylvania Laws Relating to Aviation).[1]
An imaginary surface longitudinally centered on the extended
runway center line and extending outward and upward from each end
of the primary surface. An approach surface is applied to each end
of the runway based on the planned approach. The inner edge of the
approach surface is the same width as the primary surface and expands
uniformly depending on the planned approach. The Approach Surface
Zone, as shown on Figure 1,[2] is derived from the approach surface.
An imaginary surface extending outward and upward from the
periphery of the horizontal surface at a slope of 20 feet horizontally
to one foot vertically for a horizontal distance of 4,000 feet. The
Conical Surface Zone, as shown on Figure 1,[3] is based on the conical surface.
Pennsylvania Department of Transportation.
Federal Aviation Administration of the United States Department
of Transportation.
For the purpose of determining the height limits in all zones
set forth in this chapter and shown on the Zoning Map,[4] the datum shall be mean sea level elevation unless otherwise
specified.
An imaginary plane 150 feet above the established airport
elevation that is constructed by swinging arcs of various radii from
the center of the end of the primary surface and then connecting the
adjacent arc by tangent lines. The radius of each arc is based on
the planned approach. The Horizontal Surface Zone, as shown on Figure
1,[5] is derived from the horizontal surface.
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 by this chapter.
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.
An imaginary surface longitudinally centered on the runway,
extending 200 feet beyond the end of paved runways or ending at each
end of turf runways. The elevation of any point on the primary surface
is the same as the elevation of the nearest point on the runway center
line. The Primary Surface Zone, as shown on Figure 1,[6] is derived from the primary surface.
A defined area of 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.
An imaginary surface that extends outward and upward from
the edge of the primary surface to the horizontal surface at a slope
of seven feet horizontally to one foot vertically. The Transitional
Surface Zone, as shown on Figure 1,[7] is derived from the transitional surface.
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.
[2]
Editor's Note: Said figure is included as an attachment to
this chapter.
[3]
Editor's Note: Said figure is included as an attachment to
this chapter.
[4]
Editor's Note: See also Ch. 337, Zoning; the Zoning Map is included as an attachment to said chapter.
[5]
Editor's Note: Said figure is included as an attachment to
this chapter.
[6]
Editor's Note: Said figure is included as an attachment to
this chapter.
[7]
Editor's Note: Said figure is included as an attachment to
this chapter.
There are hereby created and established certain zones within the Airport District Overlay Ordinance, defined in § 145A-3 and depicted on Figure 1[1] and illustrated on the Allegheny County Airport (AGC)
Airspace Plan (Drawing 6 of the AGC Airport Master Plan, as amended,
including zoomed-in maps of the City of Clairton depicted on Figures
2 and 3[2]), all hereby adopted as part of this chapter, which include:
A.
As regulated by Act 164[1] and defined by 14 CFR 77.13(a) (as amended or replaced), any person who plans to erect a new structure, to add to an existing structure, or to erect and maintain any object (natural or man-made), in the vicinity of the airport, shall first notify the Department's Bureau of Aviation (BOA) by submitting PennDOT Form AV-57 to obtain an obstruction review of the proposal at least 30 days prior to commencement thereof. The Department's BOA response must be included with this permit application for it to be considered complete. If the Department's BOA returns a determination of no penetration of airspace, the permit request should be considered in compliance with the intent of this chapter. If the Department's BOA returns a determination of a penetration of airspace, the permit shall be denied, and the project sponsor may seek a variance from such regulations as outlined in § 145A-6.
[1]
Editor's Note: See 74 Pa.C.S.A. § 5101 et seq.
B.
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.
C.
No notice or review under this section is required for any of the
following construction or alteration:
(1)
Any object that would be shielded by existing structures of a permanent
and substantial character or by natural terrain or topographic features
of equal or greater height, and would be located in the congested
area of the City of Clairton where it is evident beyond all reasonable
doubt that the structure so shielded will not adversely affect safety
in air navigation.
(2)
Any antenna structure of 20 feet or less in height except one that
would increase the height of another antenna structure.
(3)
Any air navigation facility, airport visual approach or landing aid,
aircraft-arresting device, or meteorological device, of a type approved
by the Administrator of the FAA, or an appropriate military service
on military airports, the location and height of which is fixed by
functional purpose.
(4)
Any construction or alteration for which notice is required by any
other FAA regulation.
A.
Any request for a variance shall include documentation in compliance
with 14 CFR Part 77, Subpart B (FAA Form 7460-1 as amended or replaced).
Determinations of whether to grant a variance will depend on the determinations
made by the FAA and the Department's BOA as to the effect of
the proposal on the operation of air navigation facilities and the
safe, efficient use of navigable air space. In particular, the request
for a variance shall consider which of the following categories the
FAA has placed the proposed construction in:
(1)
No objection. The subject construction is determined to not exceed
obstruction standards and marking/lighting is not required to mitigate
potential hazard. Under this determination, a variance shall be granted.
(2)
Conditional determination. The proposed construction/alteration is determined to create some level of encroachment into an airport hazard area which can be effectively mitigated. Under this determination, a variance shall be granted contingent upon implementation of mitigating measures as described in § 145A-9, Obstruction marking and lighting.
(3)
Objectionable. The proposed construction/alteration is determined
to be a hazard and is thus objectionable. A variance shall be denied,
and the reasons for this determination shall be outlined to the applicant.
B.
Such requests for variances shall be granted where it is duly found
that a literal application or enforcement of the regulations will
result in unnecessary hardship and that 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 intent
of this chapter.
Notwithstanding any other provisions of this chapter, no use
shall be made of land or water within the Airport District Overlay
in such a manner as to create electrical interference with navigational
signals or radio communications between the airport and aircraft,
make it difficult for pilots to distinguish between airport lights
and others, impair visibility in the vicinity of the airport, create
bird-strike hazards or otherwise endanger or interfere with the landing,
takeoff or maneuvering of aircraft utilizing the Allegheny County
Airport.
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 a nonconforming use. No nonconforming use shall be structurally
altered or permitted to grow higher, so as to increase the nonconformity,
and a nonconforming use, once substantially abated (subject to the
underlying Zoning Ordinance[1]), may only be
reestablished consistent with the provisions herein.
Any permit or variance granted pursuant to the provisions of this chapter may be conditioned according to the process described in § 145A-6 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 requesting the permit or variance, to install, operate, and maintain such marking or lighting as deemed necessary to assure both ground and air safety.
Any person or other entity who violates or permits the violation of this chapter shall be subject to the remedies and penalties provided for in § 337-42 of the Code of the City of Clairton, as amended.
Any party aggrieved by a determination made pursuant to the enforcement of this chapter shall have any rights to appeal provided for in § 337-49 of the Code of the City of Clairton, as amended or as provided by such other agency or court as may be applicable.
Where there exists a conflict between any of the regulations
or limitations prescribed in this chapter and any other regulation
applicable to the same area, the more stringent limitation or requirement
shall govern and prevail.
If any of the provisions of this chapter or the application
thereof to any person or circumstance are held invalid, such invalidity
shall not affect other provisions or applications of the chapter which
can be given effect without the invalid provision or application,
and, to this end, the provisions of this chapter are declared to be
severable.
