This article shall be known and may be cited as "The Donegal Springs Airpark Zoning Ordinance."

(Code 1993, ch. 27, § 1301; Ord. No. 1988-11, § 1, 5-12-1988)

This article is adopted by the board of supervisors of the Township pursuant to the Airport Zoning Act of April 17, 1945 (P.L. 237, No. 107), as amended.

(Code 1993, ch. 27, § 1302; Ord. No. 1988-11, § 2, 5-12-1988)

(a)

It is hereby found that an obstruction has the potential for endangering the lives and property of users of the Donegal Springs Airpark, and property or occupants of land in its vicinity; that an obstruction may affect existing and future instrument approach minimums of the Donegal Springs Airpark; 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 Donegal Springs Airpark. Accordingly, it is declared:

(1)

That the creation or establishment of an obstruction has the potential of being a public nuisance and may inure the region served by the Donegal Springs Airpark;

(2)

That it is necessary in the interest of the public health, 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.

(b)

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.

(Code 1993, ch. 27, § 1303; Ord. No. 1988-11, § 3, 5-12-1988)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Airport means a place where aircraft can land and takeoff, usually equipped with hangar, facilities for refueling and repair, and related terminal services and offices for accommodating goods and passengers specifically intended to be transported by aircraft.

Airport elevation means the highest point of an airport's usable landing area measured in feet from sea level.

Approach surface means 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 52-415. In plan the perimeter of the approach surface coincides with the perimeter of the approach zone.

Approach, transitional, horizontal, and conical zones means these zones as set forth in section 52-414.

Conical surface means a surface extending outward and upward from the periphery of the horizontal surface at a slope of 20:1 for the horizontal distance of 4,000 feet.

Hazard to air navigation means an obstruction determined to have a substantial adverse effect on the safe and efficient utilization of the navigable airspace.

Height means, for the purpose of determining the height limits in all zones set forth in this article and shown on the zoning map, the datum shall be mean sea level elevation unless otherwise specified.

Horizontal surface means a horizontal plane 150 feet above the established airport elevation, the perimeter of which in plan coincides with the perimeter of the horizontal zone.

Nonconforming use or structure means any pre-existing structure, object of natural growth, or use of land which is inconsistent with the provisions of this article or an amendment thereto.

Non-precision instrument runway means 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.

Obstruction means any structure, growth, or other object, including a mobile object, which exceeds a limiting height set forth in section 52-415.

Person means 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.

Primary surface means a surface, longitudinally centered on a runway, which extends 200 feet beyond each end of said runway. The width of the primary surface is set forth in section 52-415. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline.

Runway means a defined area on an airport prepared for landing and takeoff of aircraft along its length.

Structure means 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.

Transitional surfaces means these surfaces extend outward at 90 degree angles to the runway centerline and runway centerline 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.

Tree means any object of natural growth.

Utility runway means a runway that is constructed for and intended to be used by propeller driven aircraft of 12,500 pounds maximum gross weight and less.

Zoning hearing board means the zoning hearing board of the Township, as created by the zoning ordinance of the Township.

Zoning officer means the zoning officer of the Township.

(Code 1993, ch. 27, § 1304; Ord. No. 1988-11, § 4, 5-12-1988; Ord. No. 2017-5, § 14, 12-7-2017)

(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 the Elizabethtown-Marietta Airport. Such zones are shown on the Elizabethtown-Marietta Airport Zoning Map, which is attached to this chapter and made a part hereof.

(b)

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)

Approach zone for utility non-precision instrument runway. 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 of 5,000 feet from the primary surface. Its centerline is the continuation of the centerline of the runway.

(2)

Transitional zones. The transitional zones are the areas beneath the transitional surfaces.

(3)

Horizontal zone. The horizontal zone is established by swinging arcs of 5,000 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.

(4)

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.

(Code 1993, ch. 27, § 1305; Ord. No. 1988-11, § 5, 5-12-1988)

Editor's note— The original zoning map is attached to Ordinance No. 1988-11, and is on file in the Township office.

Except as otherwise provided in this article, no structure shall be erected, altered, or maintained, and no tree shall be allowed to grow in any zone created by this article 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:

(1)

Approach zone for utility non-precision instrument runway. 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)

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 458 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 at the same elevation as the approach surface, and extending to where they intersect the conical surface.

(3)

Horizontal zone. Established at 150 feet above the airport elevation or at a height of 608 feet above mean sea level.

(4)

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.

(5)

Excepted height limitations. Except for within the approach zone and the primary surface area, nothing in this article 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.

(Code 1993, ch. 27, § 1306; Ord. No. 1988-11, § 6, 5-12-1988)

(a)

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 other, 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.

(b)

Subject to subsection (a) of this section, all uses within any zone established by this article shall conform to the requirements of the zoning ordinance of the Township, this chapter.

(Code 1993, ch. 27, § 1307; Ord. No. 1988-11, § 7, 5-12-1988)

(a)

Regulations not retroactive. The regulations prescribed by this article 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 the ordinance from which this article is derived, 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 the ordinance from which this article is derived, 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 airport manager and confirmed by the zoning officer 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 airport. This subsection (b) shall be effective upon the signing of the ordinance from which this article is derived and shall not be retroactive to existing obstruction lighting.

(Code 1993, ch. 27, § 1308; Ord. No. 1988-11, § 8, 5-12-1988)

(a)

Future uses. Except as specifically provided in this subsection (a) of this section, 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 article shall be granted unless a variance has been approved in accordance with subsection (d) of this section.

(1)

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.

(2)

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 such tree or structure would extend above the height limit prescribed for such approach zones.

(3)

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 75 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 transitional zones.

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 article except as set forth in section 52-415(5).

(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 the ordinance from which this article is derived 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 zoning officer determines that a nonconforming tree or structure has been abandoned or more than 80 percent 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 article, 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 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 article, provided that any variance may be allowed subject to any reasonable conditions that the zoning hearing board may deem necessary to effectuate the purposes of this article. Additionally, no application for variance to the requirements of this article may be considered by the zoning 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 article and be reasonable in the circumstances, be so conditioned as to require the owner of the structure or tree in question to permit the Township at its own expense to install, operate and maintain thereon such markers and lights as may be necessary to indicate to flyers the presence of an obstruction.

(Code 1993, ch. 27, § 1309; Ord. No. 1988-11, § 9, 5-12-1988; Ord. No. 2017-5, § 14, 12-7-2017)

It shall be the duty of the zoning officer to administer and enforce the regulations prescribed herein. Applications for permits and variances shall be made to the zoning officer upon a form published for that purpose. Applications required by this article 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.

(Code 1993, ch. 27, § 1310; Ord. No. 1988-11, § 10, 5-12-1988)

(a)

The zoning hearing board is to hereby have and exercise the following powers in addition to those designated in article XI of this chapter:

(1)

To hear and decide appeals from any order, requirement, decision, or determination made by the zoning officer in the enforcement of this article;

(2)

To hear and decide special exceptions to the terms of this article upon which such zoning hearing board under such regulations may be required to pass; and

(3)

To hear and decide specific variances.

(b)

The zoning hearing board shall be organized, shall conduct hearings and shall make decisions as specified in article XI of this chapter.

(Code 1993, ch. 27, § 1311; Ord. No. 1988-11, § 11, 5-12-1988; Ord. No. 2017-5, § 14, 12-7-2017)

(a)

Appeals may be filed with the zoning hearing board in writing by any person aggrieved, any officer or agency of the Township, or taxpayer affected, by any decision of the zoning officer made in the administration of this article.

(b)

Appeals from a decision or action of the zoning officer to the zoning hearing board shall be filed within 30 days of the receipt of written notice of the action or decision. The filing of an appeal shall stay all proceedings in furtherance of the action or decision appealed from unless the Township or zoning hearing board certifies 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 on notice to the Township.

(c)

Upon filing of an appeal and during its pendence before the zoning hearing board, all proceedings in furtherance of the action appealed shall be stayed unless the zoning officer or any other appropriate agency or body certifies to the zoning hearing board facts indicating that such stay would cause the proceedings shall not be stayed otherwise than by a restraining order, which may be granted by the zoning hearing board or by the court having jurisdiction of zoning appeals on petition after notice to the zoning officer or other appropriate agency or body.

(d)

Any person aggrieved, any officer or agency of the Township, or any taxpayer affected, by any decision of the zoning hearing board, may appeal to the Court of Common Pleas of Lancaster County in accordance with section 12 of the Airport Zoning Act of 1945, as amended.

(Code 1993, ch. 27, § 1312; Ord. No. 1988-11, § 12, 5-12-1988)

(a)

Any person, partnership or corporation who or which has violated or permitted the violation of the provisions of this article shall, upon being found liable therefore in a civil enforcement proceeding commenced by the Township, pay a judgment of not more than $500.00, plus all court costs, including reasonable attorney fees incurred by the Township 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 district justice. If the defendant neither pays nor timely appeals the judgment, the Township 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 district justice determining that there has been a violation further determines that there was a good faith basis for the person, partnership or corporation violating this chapter 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 district justice and thereafter each day that a violation continues shall constitute a separate violation.

(b)

The court of common pleas, upon petition, may grant an order of stay, upon cause shown, tolling the per diem fine pending 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 Township the right to commence any action for enforcement pursuant to this section.

(d)

District justices shall have initial jurisdiction over proceedings brought under this section.

(Code 1993, ch. 27, § 1313; Ord. No. 1988-11, § 13, 5-12-1988; Ord. No. 1993-21, 10-14-1993)

Where there exists a conflict between any of the regulations or limitations prescribed in this article 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, the more stringent limitation or requirement shall govern and prevail.

(Code 1993, ch. 27, § 1314; Ord. No. 1988-11, § 14, 5-12-1988)