Gregg Township Centre County
City Zoning Code
City Zoning Code
PART 13
AIRPORTS
§ 15-1301 Short Title and Description.
[Ord. 05-01-01, 5/7/2001]
This Part of this chapter shall regulate and restrict the height to which structures may be erected or objects of natural growth be allowed to grow, and shall otherwise regulate the use of property in the vicinity of any airport by creating the appropriate zones and establishing the boundaries thereof. This Part shall also provide for changes in the restrictions and boundaries of such zones, define certain terms used herein, and shall make reference to the height limitation and zoning district map which is incorporated in, and made a part of, this chapter.
§ 15-1302 Declaration of Policy.
[Ord. 05-01-01, 5/7/2001]
1.
This Part is adopted pursuant to the authority conferred by 1984 Pa. Laws 164, codified at 74 Pa.C.S.A. § 5101 et seq.
2.
It is hereby found that an obstruction has the potential for endangering the lives and property of users of an airport, and property or occupants of land in the vicinity; that an obstruction may affect existing and future instrument approach minimums of an airport, and that an obstruction may reduce the size of the areas available for the landing, takeoff, and maneuvering of aircraft, thus tending to destroy or impair the utility of an airport. Accordingly, it is declared that:
A.
The creation or establishment of an obstruction has the potential of being a public nuisance and may injure the region served by an airport.
B.
It is necessary in the interest of public health, safety, morals and general welfare that the creation or establishment of obstructions that are a hazard to air navigation be prevented.
C.
That the prevention of these obstructions should be accomplished, to the extent legally possible, by the exercise of the police power without compensation.
3.
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, but is in no way obligated to, raise and expend public funds and acquire land or interests in land.
§ 15-1303 Use and Permits.
[Ord. 05-01-01, 5/7/2001]
This use may be allowed as set forth in Part 3, and then only as a conditional use. As such, this use must be approved in accordance with Part 9. The standards set forth in this chapter, and all other applicable state, federal or local regulations shall apply. When applications for conditional use zoning permits are reviewed, the following criteria shall be considered. The reviewing agency may require additional information where they feel it is necessary to protect the health, safety, and welfare of the Township residents.
§ 15-1304 General Definitions.
[Ord. 05-01-01, 5/7/2001]
As used in this Part, unless context otherwise requires, the following terms and conditions shall have the meaning assigned:
Any contrivance, except an unpowered hang glider or parachute, used for manned ascent into, or flight through, the air.
Any area of land or water which is used, or intended to be used, for the landing and takeoff of aircraft and any appurtenant areas which are used or intended to be used for airport buildings or air navigation facilities or rights-of-way, together with all airport buildings and facilities thereon. As used herein, the term "airport" includes public airports but excludes private airports and heliports. Public and private airports are defined separately in this section.
The highest point of an airport's usable landing area measured in feet from 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 by the term "airport hazard" in 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 Part, and Act 164 of 1984, 74 Pa.C.S.A. § 5101 et seq.
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 zone height limitation slope set forth in § 15-1305 of this Part. In plan, the perimeter of the approach surface coincides with the perimeter of the approach zone.
These zones are set forth in this Part.
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.
The Federal Aviation Administration of the United States Department of Transportation.
An obstruction determined to have a substantial adverse effect on the safe and efficient utilization of the navigable airspace.
For the purpose of determining the height limits in all zones set forth in this chapter and shown on the Zoning Map, the datum shall be mean sea level elevation unless otherwise specified.
A horizontal plane 150 feet above the established airport elevation, the perimeter of which in plan coincides with the perimeter of the horizontal zone.
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.
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 in this section.
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.
A surface longitudinally centered on a runway. When the runway has a specifically prepared hard surface, the primary surface extends 200 feet beyond each end of that runway; for military runways or when the runway has no specifically 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 this section. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway center line.
An airport which is privately owned and which is not open to the public as defined in 74 Pa.C.S.A. § 5102.
An airport which is either publicly or privately owned and which is open to the public as defined in 74 Pa.C.S.A. § 5102.
A defined area in an airport prepared for landing and takeoff of aircraft along its length.
These surfaces extend outward at ninety-degree 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. Transitional surfaces for those portions of the precision approach surfaces, which project through and beyond the limits of the conical surface, extend a distance of 5,000 feet measured horizontally from the edge of the approach surface and at ninety-degree angles to the extended runway center line.
A runway that is constructed for an intended to be used by propeller-driven aircraft of 12,500 pounds maximum gross weight and less.
A runway intended solely for the operation of aircraft using visual approach procedures.
§ 15-1305 Airport Surface Zones.
[Ord. 05-01-01, 5/7/2001]
1.
In order to carry out the provisions of this Part, 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 airports in the Township. Such zones are shown approximately on the Zoning Map. 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.
Utility Runway Visual Approach Surface Zone. Established beneath the visual approach surface. 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 center line is the continuation of the center line of the runway.
B.
Utility Runway Nonprecision Instrument Approach Surface Zone. Established beneath the nonprecision instrument approach surface. 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 center line is the continuation of the center line of the runway.
C.
Runway Larger than Utility Visual Approach Surface Zone. Established beneath the visual approach surface. 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 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.
D.
Runway Larger than Utility with a Visibility Minimum Greater than 3/4 Mile Nonprecision Instrument Approach Surface Zone. Established beneath the nonprecision instrument approach surface. The inner edge of this approach zone coincides with the width of the primary surface and is 500 feet wide. The zone expands outward uniformly to a width of 3,500 feet at a horizontal distance of 10,000 feet from the primary surface. Its center line is the continuation of the center line of the runway.
E.
Runway Larger than Utility with a Visibility Minimum as Low as 3/4 Mile Nonprecision Instrument Approach Surface Zone. Established beneath the nonprecision instrument approach surface. The inner edge of this approach zone coincides with the width of the primary surfaced and is 1,000 feet wide. The approach zone expands outward uniformly to a width of 4,000 feet at a horizontal distance of 10,000 feet from the primary surface. Its center line is the continuation of the center line of the runway.
F.
Precision Instrument Runway Approach Surface Zone. Established beneath the precision instrument approach surface. The inner edge of this approach zone coincides with the width of the primary surface and is 1,000 feet wide. The approach zone expands outward uniformly to a width of 16,000 feet at a horizontal distance of 50,000 feet from the primary surface. Its center line is the continuation of the center line of the runway.
G.
Transitional Surface Zones. Established beneath the transitional surfaces adjacent to each runway and approach surface as indicated on the Zoning Map. The transitional zones are the areas beneath the transitional surfaces.
H.
Horizontal Surface Zone. Established beneath the horizontal surface, 150 feet above the established airport elevation. The perimeter of the horizontal surface 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 surface and transitional surface zones.
I.
Conical Surface Zone. Established beneath the conical surface. The conical surface 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.
§ 15-1306 Airport Surface Zone Height Limitations.
[Ord. 05-01-01, 5/7/2001]
1.
Except as otherwise provided in this section, no structure shall be erected, altered or maintained, and no tree shall be allowed to grow in any zone created by this section 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 elevation as, the primary surface, and extending to a horizontal distance of 5,000 feet along the extended runway center line.
B.
Utility Runway 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.
C.
Runway Larger than Utility 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.
D.
Runway Larger Utility with Visibility Minimum Greater Than 3/4 Mile Nonprecision Instrument Approach Surface 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 center line.
E.
Runway Larger Utility with a Visibility Minimum as Low as 3/4 Mile Nonprecision Instrument Approach Surface 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 center line.
F.
Precision Instrument Runway Approach Surface Zone. Slopes 50 feet outward for each foot upward beginning at the end of, and at the same elevation ask, the primary surface, and extending to a horizontal distance of 10,000 feet along the extended runway center line; thence, slopes upward 40 feet horizontally for each foot vertically to an additional horizontal distance of 40,000 feet along the extended runway center line.
G.
Heliport Approach Surface Zone. Slopes eight feet outward for each foot upward beginning at the end of, and at the same elevation as, the primary surface and extending to a distance of 4,000 feet along the heliport approach zone center line.
H.
Transitional Surface Zones.
(1)
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 above mean sea level.
(2)
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.
(3)
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.
I.
Heliport Transitional Surface Zones. Slope two feet outward for each foot upward beginning at the sides of, and at the same elevation as, the same elevation as the primary surface and the heliport approach zones and extending a distance of 250 feet measured horizontally from, and at ninety-degree angles to, the primary surface center line and heliport approach zones center line.
J.
Horizontal Surface Zone. Established at 150 above the airport elevation.
K.
Conical Surface Zone. Slopes 20 feet outward for each foot upward beginning at the periphery of the horizontal surface zone and at 150 feet above the airport elevation and extending to a height of 350 feet above the airport elevation.
§ 15-1307 Use Restrictions.
[Ord. 05-01-01, 5/7/2001]
1.
Reasonableness. All airport zoning regulations adopted under this section shall be reasonable; none shall impose any requirement or restriction unless it is reasonably necessary to effectuate the purpose of this section. In determining what regulations it may adopt, the Township 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 uses, and the uses to which the property to be zoned is put, and adaptable.
2.
Use Restrictions. Notwithstanding any other provisions of this section or chapter, no use may be made of land or water within any zone established by this section in such a manner as to create electrical interference with navigational signals or radio communication between the airport and the 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.
3.
Regulations Not Retroactive. The regulations prescribed by this section 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. Nothing herein shall require any change in the construction, alteration, or intended use of any structure, the construction or alteration of which was begin prior to the effective date of this chapter, and is diligently executed.
4.
Marking and Lighting. Notwithstanding the preceding provision of this section, the owner of any 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 Township 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.
5.
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 this chapter, or any amendments thereto, or than it is when the application for permit is being made.
6.
Notice to Department. Notwithstanding any other provision of law, when and if the Township or the Zoning Hearing Board shall grant a variance under this section, the Township shall so notify the Department of Transportation of its decision. The said 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.
§ 15-1308 Acquisition of Air Rights.
[Ord. 05-01-01, 5/7/2001]
1.
In any case where it is: desired to remove, lower, or otherwise terminate a nonconforming structure or use; the approach protection necessarily cannot, because of constitutional limitations, be provided by airport zoning regulations; and it appears advisable that the necessary approach protection be provided by acquisition of property rights rather than by airport zoning regulations, the Township 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 rights, 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.
2.
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 Township may, in addition to the damages for the taking, injury or destruction of the property, also pay the cost of removal and relocation of any structure or public utility which is required to be moved to a new location.