901. APPLICABILITY AND PURPOSES.
A. This Article creates overlay zoning districts that regulate the height of structures and objects of natural growth, and otherwise regulates the use of property, in the vicinity of the Bendigo, and Schuylkill County (Joe Zerbey) Airports, which are hereafter known as “the Airports.” This Article establishes the boundaries of the overlay zoning districts and incorporates maps of the Airport Approach overlay zoning districts.
B. It is hereby found that an obstruction within the approaches to the Airports: 1) has the potential for endangering the lives and property of users of the Airports and property of occupants of land in the vicinity; 2) affect existing and future instrument approach minimums of the Airports; and 3) 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 Airports 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 Airports.
2. that 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. that the prevention of these obstructions should be accomplished, to the extent legally possible, by the exercise of the police power without compensation.
C. Within an Airport Approach overlay district/zone, the applicable provisions of this Article shall apply in addition to all other requirements of this Ordinance. The land uses allowed by the underlying zoning district shall continue to be allowed, but the heights of structures shall be regulated in a more restricted manner as provided in this Article.
D. The Airport Approach Map is available for review in the County Planning and Zoning Office.
902. AIRPORT APPROACH DEFINITIONS.
A. For the purposes of this Article 9, the following terms shall have the following meanings:
1. Airports. Bendigo and Schuylkill County (Joe Zerbey) Airports.
2. Airport Elevation. The highest point of an airport’s usable landing area measured in feet from sea level.
3. Airport Hazard. Any structure or object, natural or manmade, 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. Cons. Stat. §5102.
4. Airport Hazard Area. Any area of land or water upon which an airport hazard might be established if not prevented as provided for in this Ordinance and Act 164 of 1984 (Pennsylvania Laws Relating to Aviation).
5. Airport Surface. A surface longitudinally centered on the extended runway centerline, 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 Section 904. In plan the perimeter of the approach surface coincides with the perimeter of the approach zone.
6. Approach, Transitional, Horizontal, and Conical Zones. These zones are set forth in Section 903.
7. Conical Surface. A surface extending outward and upward from the periphery of the horizontal surface at a slope of 20 to 1 for a horizontal distance of 4,000 feet.
8. Department. Pennsylvania Department of Transportation.
9. FAA. Federal Aviation Administration of the United States Department of Transportation.
10. Hazard to Air Navigation. An obstruction determined to have a substantial adverse effect on the safe and efficient utilization of the navigable airspace.
11. Height. For the purpose of determining the height limits in all zones set forth in this Article and shown on the maps incorporated herein, the datum shall be mean sea level elevation unless otherwise specified.
12. Horizontal Surface. A horizontal plane 150 feet above the established airport elevation, the perimeter of which in plane coincides with the perimeter of the horizontal zone.
13. Larger Than Utility Runway. 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.
14. Non-precision Instrument Runway. 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 non-precision instrument approach procedure has been approved or planned.
15. Person. 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.
16. Precision Instrument Runway. A runway having an existing instrument approach procedure utilizing an Instrument Landing System (ILS) or a Precisions Approach Radar (PAR). It also means a runway for which a precision approach system is planned and is so indicated on an approved layout plan or any other planning document.
17. Primary Surface. 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; or, when the runway has no specially prepared hard surface, or planned hard surface, the primary surface ends at each end of that runway. The width of the primary surface is set forth in Section 903. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline.
18. Runway. A defined area on an airport prepared for landing and takeoff of aircraft along its length.
19. Transitional Surfaces. These surfaces extend outward at 90 degree angles to the runway centerline and the runway centerline extended at a slope of 7 feet horizontally for each foot vertically from the sides of the primary and approach surfaces to where they intersect the horizontal surface.
20. Utility Runway. The runway that is constructed for and intended to be used by propeller driven aircraft of 12,500 pounds maximum gross weight and less.
21. Visual Runway. A runway intended solely for the operation of aircraft using visual approach procedures.
22. Zone. For the purposes of this Article, the term “Zone” shall have the same meaning as an overlay zoning district.
A. In order to carry out the provisions of this Article, 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 Bendigo and Schuylkill County (Joe Zerbey) Airports. Such zones are shown on maps prepared for each Airport, which are included in this Ordinance by reference and are part of this Ordinance. A copy of such maps shall be kept by the Zoning Officer. 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:
1. 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 centerline is the continuation of the centerline of the runway.
2. Runway Larger than Utility With a Visibility Minimum Greater than 3/4 Mile Non-Precision 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 centerline is the continuation of the centerline of the runway.
3. Transitional Zones. The transitional zones are the areas beneath the transitional surfaces.
4. Horizontal Zone. The horizontal zone is established by swinging arcs of 10,000 feet 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 zone does not include the approach and transitional zones.
5. Conical Zone. The conical zone is established as the area that commences at the periphery of the horizontal zone and extends outward there from a horizontal distance of 4,000 feet.
904. AIRPORT ZONE HEIGHT LIMITATIONS.
A. Except as otherwise provided in this Article, no structure shall be erected, altered, or maintained in any zone created by this Article to a height in excess of the applicable height limitations established for each of the zones in question as follows:
1. 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 centerline.
2. Runway Larger than Utility With a Visibility Minimum Greater than 3./4 Mile Non-Precision 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 centerline.
3. Transitional Zones. Slopes 7 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 7 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.
4. Horizontal Zone. Established at 150 feet above the airport elevation.
5. 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.
6. Expected Height Limitations. Nothing in this Article shall be construed as prohibiting the construction or maintenance of any structure to a height up to 50 feet above the surface of the land.
B. Permit Applications for property adjoining Schuylkill County (Joe Zerbey) Airport. As regulated by Act 164 and defined by 14 Code of Federal Regulations Part 77.13(a) (as amended or replaced), any person who plans to erect a new structure 200’ or greater above ground level or adds to an existing structure thereby increasing the height to 200’ or greater above ground level and being within five (5) miles of the Airport shall notify the Schuylkill County Airport Authority of the applicant’s intentions by submitting the appropriate FAA form, PADOT Form AV-57 and providing a copy of such form(s) to the Schuylkill County Airport Authority.
C. Permit Applications for property adjoining Bendigo Airport. As regulated by Act 164 and defined by 14 Code of Federal Regulations Part 77.13(a) (as amended or replaced), any person who plans to erect a new structure 200’ or greater above ground level or adds to an existing structure thereby increasing the height to 200’ or greater above ground level and being within the Airport Hazard Area shall notify the owner of the Bendigo Airport of the applicant’s intentions by submitting the appropriate FAA form, PADOT Form AV-57 and providing a copy of such form(s) to the owner of the Bendigo Airport.
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.
905. AIRPORT APPROACH USE RESTRICTIONS.
Notwithstanding any other provisions of this Article, no use may be made of land or water within any zone established by this Article 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.
A. The regulations prescribed by this Article shall not be construed to require the removal, lowering, or other change or alteration of any structure not conforming to the regulations as of the effective date of this Article or otherwise interfere with the continuance of 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 Article and is diligently prosecuted.
1. Marking and Lighting. Notwithstanding the preceding provision of this Section, the owner of any existing nonconforming structure is hereby required to permit the installation, operation, and maintenance thereon of such markers and lights as shall be deemed necessary by the Schuylkill County Airport Authority to indicate to the operators of aircraft in the vicinity of the airport the presence of such Airport Hazard. Such markers and lights shall be installed, operated, and maintained at the expense of the Schuylkill County Airport Authority.
2. Existing Uses. No permit shall be granted that would allow the establishment or creation of an Airport Hazard or permit a nonconforming use or structure to become a greater hazard to air navigation than it was on the effective date of this Article or any amendments thereto or than it is when the application for a permit is made. A landowner with a tree that has grown in a way that intrudes into an airport approach zone is encouraged to allow the owner of the affected Airport to have access to trim the top of the tree as is necessary for safety.
3. Obstruction Marking and Lighting. Any special exception or variance granted may, if such action is deemed advisable, effectuate the purpose of this Article and be reasonable in the circumstances, be so conditioned as to require the owner of the structure in question to install, operate, and maintain, at the owner’s expense, such markings and lights as may be necessary.
A. Future Uses. Except as specifically provided for in other sections of this ordinance, no material change shall be made in the use of land, and no structure shall be erected or otherwise established unless a permit therefore 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 or structure would conform to the regulations herein prescribed. If such determination is in the affirmative, the permit shall be granted. No permit for a use inconsistent with the provisions of this Article shall be granted unless a variance has been approved in accordance with Article 1.