Mount Pocono City Zoning Code
ARTICLE XIV
Airport Zoning
§ 215-128 Title and description.
A.
This article shall be known and may be cited as the "Borough of Mount Pocono Airport Zoning Ordinance."
B.
Description: "An ordinance regulating and restricting the height to which structures may be erected or objects of natural growth, and otherwise regulating the use of property in the vicinity of the Pocono Mountain Municipal Authority by creating the appropriate airport zones and establishing the boundaries thereof; providing for changes in these restrictions and boundaries of such zones; defining certain terms used herein; referring to the Pocono Mountains Municipal Airport Height Limitation and Zoning District Map which is incorporated in and made part of this ordinance; providing for enforcement; establishing a Zoning Hearing Board; imposing penalties; and amending the Official Zoning Map by the adoption of an Official Supplementary Airport Overlay Zoning Map."
§ 215-129 Statutory authority; declaration of policy.
A.
This article is adopted pursuant to the authority conferred by 1984 PA Laws, Act 164, codified at 74 Pa.C.S.A. § 5101 et seq.
B.
It is hereby found that an obstruction has the potential for endangering the lives and property of users of the Pocono Mountains Municipal Airport, and property or occupants of land in its vicinity; that an obstruction may affect existing and future approach minimums of the Pocono Mountains Municipal Airport; 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 Pocono Mountains Municipal Airport and the public investment therein.
C.
Whereas the creation or establishment of an airport hazard, as defined, is a public nuisance and may injure the region served by the airport; and
D.
Whereas, it is necessary in the interest of public health, public safety and general welfare that the creation or establishment of airport hazards, as defined be prevented; and whereas, the prevention of these of these airport hazards, as defined, should be accomplished, to the extent legally possible, by the exercise of police power without compensation; and
E.
Whereas, both the prevention of the creation or establishment of airport hazards, as defined, and the elimination, removal, alteration, mitigation or marking and lighting of existing airport hazards, as defined, are public purposes for which political subdivisions may raise and expend public funds and acquire land or interests in land; and
F.
Whereas the Borough Council of the Borough of Mount Pocono did hold public hearing on December 19, 2011.
G.
Accordingly, it is declared: It is hereby ordained and enacted by the Borough of Mount Pocono, Monroe County, Pennsylvania, as follows.
§ 215-130 Definitions.
The following words and phrases when used in this article shall have the meaning given to them in this section unless the context clearly indicates otherwise:
Any contrivance, except an unpowered hang glider or parachute, used for manned ascent into or flight through the air.
Pocono Mountains Municipal Airport. Any area of land or water which is used, or intended to be used, for the landing and takeoff or aircraft up to but not to include stage one jets and 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.
1,916 feet; the highest point of an airport's usable landing area measured in feet above 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 "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 article and the Act 164 of 1984 (Pennsylvania Laws Relating to Aviation).[1]
An imaginary surface longitudinally centered on the extended runway center line, extending outward and upward from the end of the primary surface. An approach surface is applied to each end of the runway based on the planned approach. The inner edge of the approach surface is the same width as the primary surface and expands uniformly depending on the planned approach. The approach surface zone, as shown on Figure 1,[2] is derived from the approach surface.
An imaginary surface extending outward and upward from the periphery of the horizontal surface at a slope of 20 feet horizontally to one foot vertically for a horizontal distance of 4,000 feet. The conical surface zone, as shown on Figure 1, is based on the conical surface.
Pennsylvania Department of Transportation.
Federal Aviation Administration of the United States Department of Transportation.
For the purpose of determining the heights 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.
An imaginary plane of 150 feet above the established airport elevation that is constructed by swinging arcs of various radii from the center of the end of the primary surface and then connecting the adjacent arc by tangent lines. The radius of each arc is based on the planned approach. The horizontal surface zone, as shown in Figure 1,[3] is derived from the horizontal surface.
A runway that is constructed for and intended to be used by propeller driven aircraft of greater than 12,500 pounds maximum gross weight and jet powered aircraft.
Any preexisting structure, object of natural growth, or use of land which is consistent with the provisions of this article or an amendment thereto.
A runway having an existing instrument approach procedure utilizing air navigation facilities with only horizontal guidance, or area type navigation equipment, for which a straight-in nonprecision instrument approach procedure has been approved or planned.
Any structure, growth, or other object, including a mobile object, which exceeds a limiting height set forth by this article.
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 runway having an existing instrument approach procedure utilizing an instrument landing system (ILS) or a precision approach radar (PAR). It also means a runway for which a precision approach system is planned and is so indicated on an approved airport layout plan or any other planning document.
An imaginary surface longitudinally centered on the runway extending 200 feet beyond the end of the paved runways or ending at each end of turf runways. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway center line. The primary surface zone, as shown on Figure 1,[4] is derived from the primary surface.
A defined area of an airport prepared for landing and takeoff of aircraft along its length.
An object, including a mobile object, constructed or installed by man, including but without limitation buildings, towers, cranes, smokestacks, earth formations and overhead transmission lines.
An imaginary surface that extends outward and upward from the edge of the primary surface to the horizontal surface at a slope of seven feet horizontally to one foot vertically. The transitional surface zone, as shown on Figure 1,[5] is derived from the transitional surface.
Any object of natural growth.
A runway that is constructed for and intended to be used by propeller driven aircraft of 12,500 pounds maximum gross weight or less.
A runway intended solely for the operation of aircraft using visual approach procedures.
[1]
Editor's Note: See 74 Pa.C.S.A. § 5101 et seq.
[2]
Editor's Note: Said figure is on file in the Borough offices.
[3]
Editor's Note: Said figure is on file in the Borough offices.
[4]
Editor's Note: Said figure is on file in the Borough offices.
[5]
Editor's Note: Said figure is on file in the Borough offices.
§ 215-131 Airport surface zones designated.
There are hereby created and established certain zones within the Airport District Overlay Ordinance, defined in § 215-128 and depicted on Figure 1 and illustrated on Airport Hazard Area Map, hereby adopted as part of this article,[1] which include:
A.
Approach Surface Zone.
B.
Conical Surface Zone.
C.
Horizontal Surface Zone.
D.
Primary Surface Zone.
E.
Transitional Surface Zone.
[1]
Editor's Note: Said figure and map are on file in the Borough offices.
§ 215-132 Permit applications.
As regulated by Act 164[1] 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 20 feet or greater above ground level, or adds to an existing structure, thereby increasing the height to 20 feet or greater above ground level and/or to erect and maintain any object (natural or man-made) 20 feet or greater above ground level in the Airport Hazard Overlay District shall first notify the Department's Bureau of Aviation (BOA) and the Pocono Mountain Airport Authority by submitting PennDOT Form AV-57 to obtain an obstruction review of the proposal at least 30 days prior to commencement thereof. The Department's BOA response must be included with this permit application for it to be considered complete. If the Department's BOA returns a determination of no penetration of airspace, the permit request should be considered in compliance with the intent of this overlay article. If the Department's BOA returns a determination of a penetration of airspace, the permit shall be denied, and the project sponsor may seek a variance from such regulations as outlined in § 215-133. Permits and variances shall be in accordance with Chapter 215, Zoning, as amended, of the Code of Mount Pocono Borough. 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.
A.
Local enforcement. It shall be the duty of the Zoning Officer of the Borough of Mount Pocono to administer and enforce the regulations prescribed herein. Applications for permits and variances shall be made to the Zoning Officer of the Borough of Mount Pocono upon a form published for that purpose. Applications required by this article to be submitted to the Zoning Officer of the Borough of Mount Pocono shall be promptly considered and granted or denied. Application for action by the Board of Adjustment shall be forthwith transmitted by the Zoning Officer of the Borough of Mount Pocono.
B.
Notice to Department. Notwithstanding any other provision of law, a municipality or board which decides to grant a permit or variance under this article shall notify the Department of Transportation of its decision. This 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 be issued.
[1]
Editor's Note: See 74 Pa.C.S.A. § 5101 et seq.
§ 215-133 Variance.
A.
Any request for a variance shall include documentation in compliance with 14 Code of Federal Regulations Part 77 Subpart B (FAA Form 7460-1, as amended or replaced). Determinations of whether to grant a variance will depend on the determinations made by the FAA and the Department's BOA as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable air space. In particular, the request for a variance shall consider which of the following categories the FAA has placed the proposed construction in:
(1)
No objection. The subject construction is determined not to exceed obstruction standards and marking/lighting is not required to mitigate potential hazard. Under this determination a variance shall be granted.
(2)
Conditional determination. The proposed construction/alteration is determined to create some level of encroachment into an airport hazard area which can be effectively mitigated. Under this determination, a variance shall be granted contingent upon implementation of mitigating measures as described in § 215-136, Obstruction marking and lighting.
(3)
Objectionable. The proposed construction/alteration is determined to be a hazard and is thus objectionable. A variance shall be denied and the reasons for this determination shall be outlined to the applicant:
B.
Such requests for variances shall be granted where it is duly found that a literal application or enforcement of the regulations will result in unnecessary hardship and that relief granted will not be contrary to the public interest, will not create a hazard to air navigation, will do substantial justice, and will be in accordance with the intent of this article.
§ 215-134 Use restrictions.
Notwithstanding any other provisions of this article, no use shall be made of land or water within the Airport District Overlay in such a manner as to create electrical interference with navigational signals or radio communications between the airport and aircraft, make it difficult for pilots to distinguish between airport lights and others, impair visibility in the vicinity of the airport, create bird strike hazards, or otherwise endanger or interfere with the landing, takeoff or maneuvering of aircraft utilizing the airport.
§ 215-135 Preexisting nonconforming uses.
The regulations prescribed by this article shall not be construed to require the removal, lowering, or other change or altercation of any structure or tree not conforming to the regulations as of the effective date of this article, or otherwise interfere with the continuance of a nonconforming use. No nonconforming use shall be structurally altered or permitted to grow higher, so as to increase the nonconformity, and a nonconforming use, once substantially abated (subject to the underlying Zoning Ordinance) may only be reestablished consistent with the provisions herein.
§ 215-136 Obstruction marking and lighting.
Any permit or variance granted pursuant to the provisions of this article may be conditioned according to the process described in § 215-133 to require the owner of the structure or object of natural growth in question to permit the municipality, at its own expense, or require the person requesting the permit or variance, to install, operate, and maintain such marking or lighting as deemed necessary to assure both ground and air safety.
§ 215-137 Violations and penalties.
§ 215-138 Appeals.
§ 215-139 Conflicting regulations.
Where there exists a conflict between any of the regulations prescribed in this article and any other regulation applicable to the same area, the more stringent limitation or requirement shall govern and prevail.
§ 215-140 Severability.
If any of the provisions of this article or the application thereof to any person or circumstance are held invalid, such invalidity shall not affect other provisions or applications of this article, which can be given effect without the invalid provision or application, and to this end, the provisions of this article are declared to be severable.
