The purpose of this Part is to create an airport district overlay that considers safety issues around the Wilkes-Barre/Wyoming Valley Airport (WBW) and the Wilkes-Barre/Scranton Airport (AVP), regulates and restricts the heights of constructed structures and objects of natural growth, creates appropriate zones, establishing the boundaries thereof and providing for changes in the restrictions and boundaries of such zones, creates the permitting process for use within said zones and provides for enforcement, assessment of violation penalties, an appeals process and judicial review.

(Ord. 1998-1, 3/19/1998, § 1701; as added by Ord. 2012-1, 5/10/2012, § 1; as amended by Ord. 2013-3, 10/10/2013, § 1)

   The Airport District Overlay shall not modify the boundaries of any underlying zoning district. Where identified, the Airport District Overlay shall impose certain requirements on land use and construction in addition to those contained in the underlying zoning district.

(Ord. 1998-1, 3/19/1998, § 1702; as added by Ord. 2012-1, 5/10/2012, § 2; as amended by Ord. 2013-3, 10/10/2013, § 2)

   The following words and phrases when used in this Part shall have the meaning given to them in this Section unless the context clearly indicates otherwise.

   Airport elevation–the highest point of an airport’s useable landing area measured in feet above sea level. The airport elevation of the Wilkes-Barre/Wyoming Valley Airport is 543.3 (MSL) and the Wilkes-Barre/ Scranton Airport is 962.0 (MSL).

   Airport hazard–any structure or object, natural or human-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 in 14 C.F.R. Part 77 and 74 Pa.C.S.A. § 5102.

   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 Part and the Act 164 of 1984 (Pennsylvania Laws Relating to Aviation), 74 Pa.C.S.A. §§ 5101 et seq.

   Approach surface (zone)–an imaginary surface longitudinally centered on the extended runway centerline and extending outward and upward from each 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 27-17-1, is derived from the approach surface.

   Conical surface (zone)–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 27-17-1, is based on the conical surface.

   Department–Pennsylvania Department of Transportation.

   FAA–Federal Aviation Administration of the United States Department of Transportation.

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

   Horizontal surface (zone)–an imaginary plane 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 on Figure 27-17-1, is derived from the horizontal surface.

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

   Nonprecision 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 nonprecision instrument approach procedure has been approved or planned.

   Obstruction–any structure, growth or other object, including a mobile object, which exceeds a limiting height set forth by this Part.

   Other 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.

   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 airport layout plan or any other planning document.

   Primary surface (zone)–an imaginary surface longitudinally centered on the runway, extending 200 feet beyond the end of 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 centerline. The primary surface zone, as shown on Figure 27-17-1, is derived from the primary surface.

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

   Structure–object, including a mobile object, constructed or installed by humans, including, but without limitation, buildings, towers, cranes, smokestacks, earth formation and overhead transmission lines.

   Transitional surface (zone)–An imaginary surface that extends outward and upward from the edge of the primary and approach surfaces to the horizontal surface at a slope of seven feet horizontally to one foot vertically (7:1). The transitional surface zone, as shown on Figure 27-17-1, is derived from the transitional surface.

   Tree–any object of natural growth.

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

   Visual runway–a runway intended solely for the operation of aircraft using visual approach procedures.

(Ord. 1998-1, 3/19/1998, § 1702; as added by Ord. 2012-1, 5/10/2012, § 3; as amended by Ord. 2013-3, 10/10/2013, § 3)

   There are hereby created and established certain zones within this Part, defined in § 27-1703 and depicted on Figure 27-17-1 and depicted on the Plains Township Zoning Map, hereby adopted as part of this Part, which include:

   A.   Approach Surface Zone.

   B.   Conical Surface Zone.

   C.   Horizontal Surface Zone.

   D.   Transitional Surface Zone.

(Ord. 1998-1, 3/19/1998, § 1702; as added by Ord. 2012-1, 5/10/2012, § 4; as amended by Ord. 2013-3, 10/10/2013, § 4)

   1.   As regulated by Act 164 and defined by 14 C.F.R. Part 77.13(a) (as amended or replaced), any person who plans to erect a new structure, to add to an existing structure, or to erect and maintain any object (natural or human-made), in the vicinity of the Wilkes-Barre/Wyoming Valley Airport (WBW) and the Wilkes-Barre/Scranton Airport (AVP), shall first notify the Department’s Bureau of Aviation (BOA) 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 Part. 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 § 27-1706.

   A.   In the areas lying within the limits of the horizontal surface zone and conical surface zone, no permit shall be required for any proposed tree or proposed structure less than 75 feet of vertical height except when because of terrain, land contour or topographic features such tree or structure would extend above the height limits prescribed for this zone.

   B.   In areas lying within the limits of the approach surface 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 proposed tree or proposed 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 this zone.

   C.   In areas lying within the limits of the transitions surface zone, beyond the perimeter of the horizontal surface zones, no permit shall be required for any proposed tree or proposed 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 this zone.

   2.   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 Part, except that 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.

(Ord. 1998-1, 3/19/1998, § 1702; as added by Ord. 2012-1, 5/10/2012, § 5; as amended by Ord. 2013-3, 10/10/2013, § 5)

   1.   Any request for a variance shall include documentation in compliance with 14 C.F.R. 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:

   A.   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.

   B.   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 § 27-1709, Obstruction Marking and Lighting.

   C.   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.

   2.   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 Part.

(Ord. 1998-1, 3/19/1998, § 1702; as added by Ord. 2012-1, 5/10/2012, § 6; as amended by Ord. 2013-3, 10/10/2013, § 6)

   Notwithstanding any other provisions of this Part, 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 Wilkes-Barre/Wyoming Valley Airport (WBW) and the Wilkes-Barre /Scranton Airport (AVP).

(Ord. 1998-1, 3/19/1998, § 1702; as added by Ord. 2012-1, 5/10/2012, § 7; as amended by Ord. 2013-3, 10/10/2013, § 7)

   The regulations prescribed by this Part 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 Part, 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.

(Ord. 1998-1, 3/19/1998, § 1702; as added by Ord. 2012-1, 5/10/2012, § 8; as amended by Ord. 2013-3, 10/10/2013, § 8)

   Any permit or variance granted pursuant to the provisions of this Part may be conditioned according to the process described in § 27-1706 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.

(Ord. 1998-1, 3/19/1998, § 1702; as added by Ord. 2012-1, 5/10/2012, § 9; as amended by Ord. 2013-3, 10/10/2013, § 9)

   Subject to the process in this Chapter 27, Part 13, entitled “Enforcement and Administration”.

(Ord. 1998-1, 3/19/1998, § 1702; as added by Ord. 2012-1, 5/10/2012, § 10; as amended by Ord. 2013-3, 10/10/2013, § 10)

   Subject to the process in this Chapter 27, Part 16, entitled “Appeals”.

(Ord. 1998-1, 3/19/1998, § 1702; as added by Ord. 2012-1, 5/10/2012, § 11; as amended by Ord. 2013-3, 10/10/2013, § 11)

   Where there exists a conflict between any of the regulations or limitations prescribed in this Part and any other regulation applicable to the same area, the more stringent limitation or requirement shall govern and prevail.

(Ord. 1998-1, 3/19/1998, § 1702; as added by Ord. 2012-1, 5/10/2012, § 12; as amended by Ord. 2013-3, 10/10/2013, § 12)

   FIGURE 27-17-1: PART 77 SURFACE AREAS

(Ord. 2013-3, 10/10/2013)