The Airport Overlay District is hereby created to include all of the land lying beneath the approach surfaces, primary surfaces, transitional surfaces, horizontal surfaces and conical surfaces as applied to airports, as defined and regulated by Article XIV of this chapter. In addition to all other applicable standards of this chapter, the requirements of this Article XIV shall apply in the Airport Overlay District.
A.
Introduction.
(1)
This Article XIV applies to the Airport Overlay District created by § 135-92 of this chapter, which includes all of the land lying beneath the approach surfaces, primary surfaces, transitional surfaces, horizontal surfaces and conical surfaces as applied to airports as defined and regulated by this Article XIV. In addition to all other applicable standards of this chapter, the requirements of this Article XIV shall apply in the Airport Overlay District.
(2)
This Article XIV regulates and restricts the height to which structures may be erected or objects of natural growth are permitted to extend; and otherwise regulates the use of property in the vicinity of an airport regulated by this Article XIV by creating the appropriate zones and establishing the boundaries thereof; and provides for changes in the restrictions and boundaries of such zones; and defines certain terms used herein.
B.
Intent. The intent of the Airport Overlay District is to regulate
airport hazard zones in the Township. Activities at airports may limit
the uses of the lands owned by others, and the uses of land in airport
hazard zones may limit the operation of an airport. Therefore, the
purpose of the overlay district is to provide procedures and criteria
for balancing the rights of airport owners and landowners in the vicinity
of airports in light of the need for aircraft safety.
In addition to the authority for zoning in general as authorized by the Pennsylvania Municipalities Code, the provisions of this Article XIV are adopted pursuant to the authority conferred by the Act of October 10, 1984, P.L. 837, No. 164, of the General Assembly of the Commonwealth of Pennsylvania, as amended, known and cited as Aviation Code of Pennsylvania and specifically that subchapter of the Aviation Code known as the Airport Zoning Act.[1]
[1]
Editor's Note: See 74 Pa.C.S.A. § 5911 et seq., the Airport
Zoning Act, part of Act 164 of 1984, the Aviation Code, 74 Pa.C.S.A.
§ 5101 et seq.
A.
Findings. It is hereby found that:
(1)
An obstruction has the potential for endangering the lives and property users of an airport regulated by this Article XIV and property or occupants of land in the vicinity;
(2)
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 an airport regulated by this Article XIV;
(3)
That obstructions to aircraft concern the Federal Aviation Administration
(FAA) and the Pennsylvania Department of Transportation, Bureau of
Aviation (Bureau);
(4)
That the FAA and the Bureau have issued model regulations and guidelines
for townships to facilitate the control of obstructions to aircraft;
(5)
That the regulation of these obstructions, upon lands not owned by
the airport owner or operator, shall not adversely affect the right
of neighboring landowners to reasonably use their lands within the
reasonable height limitations of the chapter;
(6)
That the prevention of the creation or establishment of hazards to
air navigation are public purposes necessary for the protection of
the safety, health and welfare of the residents of the Township and
the traveling public;
(7)
That expansion or changes at public airports in the Township may
result in changes to airport hazard zones;
(8)
That changes in airport hazard zones affect the rights of property
owners to reasonably use or develop their land;
(9)
That the character of the flying operations conducted at airports,
the nature of the terrain within airport hazard zones, the character
of the neighborhood, and the public interest are all considerations
needing protection by airport hazard zoning regulations;
(10)
That any changes to airport hazard zones resulting in changes
at airports shall be carefully reviewed for their effect upon neighboring
landowners as well as for the safety of the aircraft;
(11)
That the Township is a primarily residential municipality, as
illustrated by the following figures secured in 2002 from the Columbia
County Tax Assessor's office: 70.37% of the total assessed valuation
of real estate in the Township is dedicated to a residential use and
55.29% of all acreage in the Township is dedicated to a residential
use; and
(12)
That the regulation, restriction or prohibition of uses and
structures at, along or near public airports is an important function
for which zoning and land use ordinances are enacted, and that a Township
may require permits prior to changes in uses or structures at or near
airports and may enact reasonable regulations to protect the public
health, welfare, safety, morals and general welfare.
B.
Declaration of policy. Accordingly, it is declared that:
(1)
The creation or establishment of an obstruction has the potential
of being a public nuisance and may injure the public health, safety
and welfare;
(2)
It is necessary in the interest of the public health, public safety
and general welfare that the creation or establishment of obstructions
that are a hazard to air navigation be prevented; and
(3)
The prevention of these obstructions should be accomplished, to the
extent legally possible, by the exercise of the powers of the Scott
Township Supervisors.
The definitions in this § 135-96 shall supplement the definitions in Article II of this chapter and shall apply to the requirements and standards of this Article XIV.
Any contrivance used for manned ascent into or flight through
the air.
Any area of land or water which is used or is intended to
be used for the landing and takeoff of aircraft and any appurtenant
areas which are used or are intended to be used for airport buildings
or air navigation facilities or rights-of-way, together with all airport
buildings and facilities thereon. For purposes of this chapter, the
term "airport" shall include facilities designated as heliports and
those facilities which can be used only by rotary wing aircraft.
In general, the highest point of an airport's usable
landing area measured in feet above sea level. In the case of the
Bloomsburg Municipal Airport, the airport elevation is 481 feet above
mean sea level as constructed as of May 1, 2001.
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. Cons. Stat. § 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
Pennsylvania Act 164 of 1984 (Pennsylvania Laws Relating to Aviation).
The owner(s) of the legal fee title of the real estate upon
which an airport is located.
See "Height Limitation and Zoning District Map."
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 § 135-97 of this chapter. In plan, the perimeter of the approach surface coincides with the perimeter of the approach surface zone.
These zones are set forth in § 135-97 of this chapter.
Pennsylvania Department of Transportation, Bureau of Aviation.
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. See Height Limitation and Zoning District
Map.
Pennsylvania Department of Transportation, Bureau of Aviation.
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 article and shown on the Airport Zone Map, the datum
shall be mean sea level elevation unless otherwise specified.
For any airport regulated by this Article XIV, the most current Height Limitation and Zoning District Map as published by the Pennsylvania Department of Transportation, Bureau of Aviation.
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. See Height Limitation and Zoning District
Map.
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 preexisting structure, object of natural growth, or use of land which is inconsistent with the provisions of this Article XIV or an amendment thereto.
Any structure, growth or other object, including a mobile object, which exceeds a limiting height set forth in § 135-98 of 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 them.
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. 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 § 135-97 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 center line. See Height Limitation and Zoning District Map.
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. See Height Limitation and Zoning District Map.
A runway that is constructed for and intended to be used
by propeller-driven aircraft of 12,500 pounds maximum gross weight
or less.
Any object of natural vegetative growth.
A runway intended solely for the operation of aircraft using
visual approach procedures.
In order to carry out the provisions of this Article XIV, there are hereby created and established certain zones which include all of the land lying beneath the approach surfaces, primary surfaces, transitional surfaces, horizontal surfaces and conical surfaces as applied to airports as defined and regulated by this Article XIV. Any area located in more than one of the following zones is considered to be only in the zone with the more restrictive height limitation. Should any airport be developed or any existing airports be upgraded beyond the zones included in this section, FAA criteria for the applicable classification shall apply. The various zones are hereby established and defined as follows:
A.
Utility runway approach surface zones.
(1)
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 (125 feet on each side of the
runway center line). 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.
(2)
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 (250 feet on each side of the runway center line). The zone expands
outward uniformly to a width of 2,000 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 primary surface zone. The primary surface zone is
longitudinally centered on the runway. When the runway has a specially
prepared hard surface, the primary surface zone extends 200 feet beyond
each end of that runway. When the runway has no specially prepared
hard surface or planned hard surface, the primary surface zone ends
at each end of that runway.
(1)
Primary surface zone for visual approaches. The boundary of this
zone coincides with the primary surface and is 250 feet wide (125
feet on each side of the runway center line).
(2)
Primary surface zone for nonprecision instrument circling approaches.
The boundary of this zone coincides with the primary surface and is
250 feet wide (125 feet on each side of the runway center line).
(3)
Primary surface zone for nonprecision instrument straight-in approaches.
The boundary of this zone coincides with the primary surface and is
500 feet wide (250 feet on each side of the runway center line).
C.
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, increasing at a 7:1 ratio as provided at § 135-98C.
D.
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.
E.
Conical surface zone. Established beneath the conical surface. This
zone commences at the periphery of the horizontal surface and extends
outward therefrom in a horizontal distance of 4,000 feet.
Except as otherwise provided in this Article XIV, no structure shall exist, be erected, altered or maintained, and no vegetation shall be allowed to grow in any zone created by this Article XIV 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 surface zones.
(1)
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.
(2)
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.
B.
Primary surface zone. Established at the same height as the primary surface. The exception provided in § 135-98F shall not apply in the primary surface zone.
C.
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. 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.
D.
Horizontal surface zone. Established at 150 feet above the established
airport elevation.
E.
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.
F.
Excepted height limitations. Nothing in this Article XIV shall be construed as prohibiting the construction or maintenance of any structure or growth of any vegetation to a height up to 50 feet above the surface of the land which is not otherwise prohibited by this chapter. This exception shall not apply in the primary surface zone.
A.
Use restrictions. Electrical interference, lighting, glare, bird hazards. Notwithstanding any other provisions of this Article XIV, no use may be made of land or water within any zone established by this Article XIV in such manner as to:
(1)
Create electrical interference with navigational signals or radio
communications between the airport and aircraft.
(2)
Make it difficult for pilots to distinguish between airport lights
and others.
(3)
Result in glare in the eyes of pilots using the airport, impair visibility
in the vicinity of the airport.
(4)
Create bird strike hazards.
(5)
Otherwise in any way endanger or interfere with the landing, takeoff
or maneuvering of aircraft intending to use the airport.
B.
Nonconforming uses.
(1)
Regulations not retroactive. The regulations prescribed by this Article XIV shall not be construed to require the removal, lowering or other change or alteration of any structure or vegetation not conforming to the regulations as of the effective date of this Article XIV or otherwise interfere with the continuance of any nonconforming use, except as provided in § 135-100 (relating to permits and variances). Structures and vegetation shall be permitted to be maintained at the heights in existence at the effective date of this Article XIV. 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 Article XIV and is diligently executed.
(2)
Marking and lighting. Notwithstanding the preceding provision of
this section, the owner of any existing nonconforming structure or
vegetation 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 Scott Township Board of Supervisors in
accord with FAA or Bureau of Aviation guidelines or regulations to
indicate to the operators of aircraft in the vicinity of the airport
the presence of such structure or vegetation. Such markers and lights
shall be installed, operated and maintained at the expense of the
airport.
The permits and variances required by this Article XIV shall be in addition to those required by the balance of this chapter with respect to principal permitted uses, conditional uses, special exceptions and accessory uses. Applications for permits and variances required by this Article XIV may be submitted and considered concurrently with the application for any other such approval required, and no permit shall be granted under the terms of this Article XIV unless any other permit required by this chapter has been granted.
A.
Future uses; permits required.
(1)
Except as specifically provided in Subsection A(2)(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 vegetation shall be permitted to exceed the established height limitation 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 information for the Township to determine whether the resulting use, structure or vegetation 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 XIV shall be granted unless a variance has been approved in accordance with this Article XIV.
(2)
Nothing contained in any of the exceptions shall be construed as permitting or intending to permit any construction or alteration of any structure or growth of any vegetation in excess of any of the height limits established by this Article XIV, except that no permit is required for maintenance, repairs to or to replace parts of existing structures which do not enlarge or increase the height of an existing structure. However, a general zoning permit may be required pursuant to the other requirements of this chapter.
(a)
Horizontal zone and conical zone. In the area lying within the limits of the horizontal zone and conical zone, no permit under this Article XIV shall be required for any vegetation or structure less than 75 feet of vertical height above the ground, except when, because of terrain, land contour or topographic features, such vegetation or structure would extend above the height limits prescribed for such zones.
(b)
Approach zones. 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 under this Article XIV shall be required for any vegetation or structure less than 75 feet of vertical height above the ground, except when, because of terrain, land contour or topographic features, such vegetation or structure would extend above the height limit prescribed for such approach zones.
(c)
Transition zones. In the areas lying within the limits of the transition zones beyond the perimeter of the horizontal zones, no permit under this Article XIV shall be required for any vegetation or structure less than 75 feet of vertical height above the ground, except when such vegetation or structure, because of terrain, land contour or topographic feature, would extend above the height limit prescribed for such transition zones.
(d)
Primary surface zones: no permit exemptions.
B.
Existing uses. Before any nonconforming structure or vegetation may
be replaced, substantially altered or rebuilt, 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 vegetation
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 vegetation 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 vegetation to exceed the applicable height limit or otherwise deviate from this Article XIV.
D.
Procedures. The applicant for a permit shall, in addition to the other information required for zoning permits by this chapter, provide information detailing the height of the proposed structure, object or vegetation, the elevation of the proposed site, and a statement as to the compliance with the height limitations established by this Article XIV.
A.
Application. Any person desiring to erect any structure or increase the height of any structure or permit the growth of any vegetation or otherwise use his property not in accordance with these airport zoning regulations may apply to the Zoning Hearing Board (ZHB) in accord with this Article XIV and §§ 135-82C and 135-83 of this chapter for a variance from the zoning regulation in question.
B.
Requirements. A variance shall only be granted after the requirements of §§ 135-101 and 135-82C are satisfied. No variance shall be granted which is contrary to the public interest, which will create a hazard to air navigation, or which would not be in accordance with the spirit of the regulations of this Article XIV. Any variance which otherwise satisfies all other conditions to the granting of a variance may be granted, subject to any reasonable conditions that the ZHB may deem necessary to effectuate the purpose of this Article XIV.
Any permit or variance granted under this Article XIV may, if such action is deemed advisable to effectuate the purpose of this Article XIV and is reasonable under the circumstances, be so conditioned as to require the owner of the structure or vegetation in question to permit the Township or airport, 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 or Bureau of Aviation.
A.
Local enforcement. It shall be the duty of the Code Enforcement Officer
to administer and enforce the regulations prescribed herein, except
that the primary duty to investigate vegetation height violations,
to notify the Code Enforcement Officer and to take remedial action
with respect to such vegetation height violations shall rest with
the airport owner of the airport subjecting the vegetation to height
limitations. Applications for permits and variances shall be made
to the Code Enforcement Officer upon a form published for that purpose.
Application for action by the ZHB shall be forthwith transmitted by
the Code Enforcement Officer. All such applications may be made and
may be considered concurrently with any required general zoning application.
B.
Airport notification.
(1)
Permits. Upon receipt of any application for a permit pursuant to this Article XIV, the Code Enforcement Officer shall notify the airport manager (or person of equivalent description), who shall be given the opportunity to review and comment on said application. If the airport manager (or person of equivalent description) does not review the application within 15 days after such notice, the Code Enforcement Officer may act without such input to grant or deny said application.
(2)
Variances. No application for variance to the requirements of this Article XIV may be considered by the ZHB unless a copy of the application has been furnished to the airport manager (or person of equivalent description) for comments 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 ZHB may act without such input to grant or deny such application.
C.
Notice of intent to grant variance to Bureau of Aviation. Notwithstanding any other provision of law, should the ZHB decide to grant a permit or variance, respectively, under this Article XIV, the Department of Transportation, Bureau of Aviation, shall be notified of the issuance of the permit or variance.
D.
Subdivisions and land developments.
(1)
Notice of development. In the case of subdivisions and developments
within one mile of an airport, notice of receipt of any such application
shall be provided to the airport manager (or person of equivalent
description) for comments as to the aeronautical effects of the proposed
subdivision or land development. If the airport manager (or person
of equivalent description) does not respond to the application within
15 days after receipt, the Township may act without such input to
grant or deny said application. Notice to the Bureau of Aviation shall
be provided in same manner and shall be subject to the same conditions
as that set forth above applicable to airport managers.
(2)
Plan information. The Township shall require that the plans
include information to notify potential owners of the property or
lots subdivided therefrom that the property is subject to Township
airport zone requirements pertaining to height of structures and vegetation,
electrical interference, lighting and glare. The details of the then-current
standards shall also be included on the plan along with the fact that
more stringent standards may have been adopted by the Township and
that the property owner and/or lot purchaser has the responsibility
to comply with all applicable standards.
E.
Airport owner to file correspondence with Township. The airport owner
shall send to the Township copies of all forms, applications and requests
affecting airport hazard zone movement or hazard zone changes sent
to FAA and/or the Bureau of Aviation by the airport owner. Said copies
shall be sent to the Township within three days of sending said forms,
applications and requests to the FAA or the Bureau of Aviation. The
airport owner shall also include copies of all maps, documents, correspondence
and plans attached to, required by, or accompanying said requests,
applications or forms.
F.
Enforcement remedies and procedure. Except as otherwise provided herein, the procedure and penalties for violation of this Article XIV shall be as set forth at § 135-89A through C, including notices of violation, causes of action and enforcement remedies.
(1)
Notwithstanding the foregoing, all remedial action with respect to vegetation shall be performed by the airport owner at the airport owner's expense. If access is denied by the relevant property owner to the airport owner, the Township and/or the airport owner shall be authorized to secure a warrant, injunction or court order providing for entry upon the affected real estate and, in such case, the party denying the access and the affected real estate in rem, jointly and severally, shall be subject to the penalties for violation of the Township's Zoning Ordinance as set forth at § 135-89C and, cumulatively, shall be liable for all court costs and attorneys' fees incurred by the Township and/or airport owner in securing such access. Such liability for court costs and attorneys' fees incurred by the airport owner in securing access shall be recoverable by the airport owner in a civil action. Such liability for court costs and attorneys' fees incurred by the Township in securing access may be enforced by the Township either by the filing of a civil action or by the procedure set forth in the Municipal Lien Law at 53 P.S. § 7101 (Act of May 16, 1923, P.L. 207), as amended from time to time. If a violation occurs with respect to vegetation, the notice of violation under § 135-89A shall include the following, in lieu of the provisions set forth at § 135-89A(5), (6) and (8), respectively: a) in lieu of the provisions of § 135-89A(5), the notice shall include a specification of the remedial action sought by the Township; b) in lieu of the provisions of § 135-89A(6), the notice shall include a specification of the date after which the airport owner or Township would seek to access the affect real estate; c) in lieu of the provisions of § 135-89A(8), the notice shall include an indication that a denial of access as noted shall subject the offending party to the penalties set forth in § 135-89 and this § 135-103. The notice of violation shall be sent by the Code Enforcement Officer of the Township, but the primary duty of collecting the necessary information and communicating the same to the Code Enforcement Officer shall rest with the airport owner.
(2)
If the airport owner fails to fulfill its duties hereunder,
the Township may do so and recover reimbursement of the cost of doing
so (calculated at the out-of-pocket expenditures of the Township,
including the wage cost of Township employees calculated on the number
of hours spent multiplied times a number which is 1.2 times the respective
employees' hourly rate to account for reasonable fringe benefits
at a rate of 20%) from the airport owner either by the filing of a
civil action or by the procedure set forth in the Municipal Lien Law
at 53 P.S. § 7101 (Act of May 16, 1923, P.L. 207), as amended
from time to time. If a civil action or a municipal lien claim is
filed, the airport owner shall also be liable for the court costs
and attorneys' fees incurred by the Township in collecting said amounts
due from said airport owner.
In the event of conflict between any airport zoning regulations adopted under this Article XIV and any other regulations applicable to the same area, whether the conflict be with respect to the height of structures or vegetation, and the use of land, or any other matter, the more stringent limitation or requirement shall govern and prevail.
The standards in this Article XIV, in addition to other applicable standards in this chapter, shall apply to all existing and proposed public airports as defined and regulated by this Article XIV.
A.
Special exception. The existence of airport hazard zones limits the uses of surrounding landowners. No public airport shall be permitted to make any changes which would affect the location of airport surface zones, approach zones or hazard zones, and no new public airport shall be developed unless special exception approval has been granted, and only in those portions of industrial zones where such use is allowed as a special exception use, where it shall be a special exception use. In addition to the requirements of § 135-82D of this chapter, the following procedures and criteria shall apply to any airport special exception application. The following shall constitute changes at an airport requiring special exception approval prior to allowing such change or use in the specified portions of the Township's industrial zones:
(1)
Any extension of a runway's length;
(2)
Any change in the height of a runway;
(3)
The paving of any previously unpaved portions of a runway, if
such paving results in any change in airport rating category under
67 Pa. Code § 471.5 ,as amended, affecting or altering the
location or extent of any airport hazard zone;
(4)
Any change of runway direction or alignment;
(5)
Any change in the status of taxiways or holding areas affecting
the location areas of airport hazard zones;
(6)
Any change in airport rating category under 67 Pa. Code § 471.5,
as amended.
(7)
Any other physical, legal or rating change, or change in methods
of operation, flight paths or change in instrumentation or technology
resulting in a change in the location or extent of any airport hazard
zone.
B.
Zones other than industrial zones. Notwithstanding anything to the contrary, in zones other than those portions of industrial zones in which an airport is allowed as a special exception use, any change, extension or enlargement of an airport shall require a variance, subject to the standards for requiring a variance as set forth at § 135-82C, due to the inherent danger of airports in a primarily residential Township such as Scott Township.
C.
Application contents. The application for special exception shall
contain the following documents and information:
(1)
A full narrative description of the airport and any changes
proposed.
(2)
Plans and maps prepared by a registered professional engineer,
showing the airport and any changes proposed to the airport.
(3)
Plans and maps prepared by a registered professional engineer
showing existing and proposed locations of the airport hazard zones.
(4)
Copies of all applications, correspondence, documents, maps
or plans submitted to FAA and the Bureau of Aviation relating to the
proposed change or construction, rating change or other rating, legal
or physical change.
(5)
A plan showing how the lands or air rights negatively affected
shall be acquired.
(6)
A list of the names and addresses of all landowners negatively
affected by the proposed airport or change within a height of 75 feet
from the surface of said lands by the change in airport hazard zones.
(7)
A list of the names and addresses of all landowners of adjoining
lands owned or leased by the airport owner.
D.
Engineering review. The Township Engineer shall review the application
and report whether the application to the Planning Commission complies
with all applicable ordinances, laws and regulations relating to airport
hazard zones. The Township Engineer shall also report how the proposed
airport or change will affect neighboring landowners and landowners
in airport hazard zones. The Township Engineer shall also review and
report on expected obstructions to aircraft resulting from the airport
or change, and upon the adequacy, feasibility and practicality of
the applicant's plan to acquire the necessary air rights.
E.
Costs. Any airport or change to an airport use resulting in a change of airport hazard zones shall be considered a land development, and in accord with Section 503(1) of the Pennsylvania Municipalities Planning Code, the applicant shall be responsible for paying all reasonable and necessary charges of the Township's professional consultants or Engineer relating to application review and report under the terms of Chapter 123, Subdivision and Land Development.
F.
Notice to FAA, the Bureau of Aviation, and the County. The Code Enforcement
Officer shall send a copy of the completed application to the Bureau
of Aviation, FAA and the County Planning Department by certified mail
at 14 days before the date of the hearing.
G.
Criteria to review. In granting or denying a special exception or a variance, in addition to the criteria otherwise applicable at § 135-82D and C, respectively, the Supervisors shall consider:
(1)
The effect upon reasonable use of properties affected by the
proposal;
(2)
How the applicant plans to acquire any necessary air rights;
(3)
The character of the flying operations expected to be conducted
at the airport;
(4)
The nature of the terrain within the airport hazard zone area;
(5)
The character of the community which is affected by the proposal;
(6)
The effect upon roads, development, transportation routes, and
other aspects of the Township's Comprehensive Plan;
(7)
The provision of hazard lighting and marking; and
(8)
The importance of aircraft safety.
(9)
No special exception or variance shall be granted except in the absence of structures and vegetation at a height which would be in violation of the § 135-98 height limitation, in the event that an airport use, construction, or configuration or reconfiguration in the nature for which application is made would be completed.
