HOUSE AMENDED
PRIOR PRINTER'S NOS. 912, 1515, 2157 PRINTER'S NO. 2244
No. 785 Session of 1983
INTRODUCED BY KRATZER, BRIGHTBILL AND REIBMAN, JUNE 1, 1983
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
JUNE 29, 1984
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the <--
2 Pennsylvania Consolidated Statutes, providing for the
3 disposition of certain fines, etc., to airport authorities.
4 AMENDING TITLE 74 (TRANSPORTATION) OF THE PENNSYLVANIA <--
5 CONSOLIDATED STATUTES, ADDING REVISED, CODIFIED AND COMPILED
6 PROVISIONS RELATING TO AVIATION; AND MAKING AN APPROPRIATION.
7 TABLE OF CONTENTS
8 TITLE 74
9 TRANSPORTATION
10 PART III. AVIATION
11 CHAPTER 51. PRELIMINARY PROVISIONS
12 § 5101. SHORT TITLE OF PART.
13 § 5102. DEFINITIONS.
14 § 5103. AVIATION RESTRICTED ACCOUNT.
15 CHAPTER 53. AUTHORITY OF DEPARTMENT OF TRANSPORTATION
16 § 5301. AUTHORITY OF DEPARTMENT.
17 § 5302. AIRCRAFT FOR OFFICIAL USE.
18 CHAPTER 55. LEGAL STATUS OF AIR NAVIGATION
1 § 5501. OWNERSHIP OF SPACE.
2 § 5502. DAMAGE TO PERSONS AND PROPERTY ON GROUND.
3 § 5503. LAW APPLICABLE TO CRIMES AND TORTS.
4 § 5504. LAW APPLICABLE TO CONTRACTS.
5 CHAPTER 57. OBSTRUCTIONS TO AIRCRAFT OPERATION
6 § 5701. DEPARTMENT APPROVAL.
7 § 5702. COMMENCEMENT OF PROCEEDINGS FOR SUMMARY OFFENSES.
8 § 5703. DISPOSITION OF FINES, FEES AND FORFEITURES.
9 CHAPTER 59. AIRPORT OPERATION AND ZONING
10 SUBCHAPTER A. HARRISBURG INTERNATIONAL AIRPORT
11 § 5901. GENERAL PROVISIONS.
12 § 5902. OTHER AIRPORTS.
13 § 5903. AUTHORITY OF DEPARTMENT.
14 § 5904. AIRPORT AUTHORITIES.
15 § 5905. CERTAIN STATE-OWNED AIRPORT. <--
16 SUBCHAPTER B. AIRPORT ZONING
17 § 5911. SHORT TITLE OF SUBCHAPTER.
18 § 5912. POWER TO ADOPT AIRPORT ZONING REGULATIONS.
19 § 5913. RELATION TO OTHER ZONING REGULATIONS.
20 § 5914. PROCEDURE FOR ADOPTION OF ZONING REGULATIONS.
21 § 5915. AIRPORT ZONING REQUIREMENTS.
22 § 5916. PERMITS AND VARIANCES.
23 § 5917. ADMINISTRATIVE APPEALS.
24 § 5918. JUDICIAL REVIEW.
25 § 5919. NOTICE TO DEPARTMENT.
26 § 5920. ACQUISITION OF AIR RIGHTS.
27 CHAPTER 61. AVIATION DEVELOPMENT
28 SUBCHAPTER A. PRELIMINARY PROVISIONS
29 § 6101. SHORT TITLE OF CHAPTER.
30 § 6102. ADMINISTRATION OF CHAPTER.
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1 § 6103. SERVICE FEES.
2 § 6104. CONSTRUCTION OF CHAPTER.
3 SUBCHAPTER B. REIMBURSEMENT OF LOCAL REAL ESTATE TAXES FOR
4 PUBLIC AIRPORTS
5 § 6121. TAX ON AVIATION FUELS.
6 § 6122. LOCAL REAL ESTATE TAX REIMBURSEMENT PORTION OF <--
7 AVIATION RESTRICTED ACCOUNT.
8 § 6123 6122. ALLOCATION OF FUNDS. <--
9 § 6124 6123. DENIAL OF REIMBURSEMENT. <--
10 § 6125 6124. AGREEMENT OF MAINTENANCE. <--
11 § 6126. FUNDING OF AVIATION PROGRAMS. <--
12 SUBCHAPTER C. JET FUELS TAX <--
13 § 6131. TAX ON JET FUELS.
14 SUBCHAPTER C D. AVIATION DEVELOPMENT LOAN PROGRAM <--
15 § 6141. TERMS OF LOANS.
16 § 6142. DENIAL OF LOAN APPLICATION.
17 § 6143. ENFORCEMENT OF LOAN AGREEMENT.
18 SUBCHAPTER D E. BOND ISSUANCE <--
19 § 6161. AUTHORITY TO BORROW.
20 § 6162. BONDS.
21 § 6163. SALE OF BONDS.
22 § 6164. REFUNDING BONDS.
23 § 6165. DISPOSITION AND USE OF PROCEEDS.
24 § 6166. REGISTRATION OF BONDS.
25 § 6167. INFORMATION TO GENERAL ASSEMBLY.
26 § 6168. REDEMPTION OF BONDS.
27 § 6169. EXPENSES OF PREPARATION, ISSUE AND SALE OF BONDS.
28 The General Assembly of the Commonwealth of Pennsylvania
29 hereby enacts as follows:
30 Section 1. Section 3573(b) of Title 42 of the Pennsylvania <--
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1 Consolidated Statutes, amended December 15, 1982 (P.L.1286,
2 No.289), is amended to read:
3 § 3573. Municipal corporation portion of fines, etc.
4 * * *
5 (b) Vehicle offenses.--
6 (1) When prosecution under the provisions of Title 75
7 (relating to vehicles) for parking is the result of local
8 police action, all fines forfeited, recognizances and other
9 forfeitures imposed, lost or forfeited shall be payable to
10 the municipal corporation or airport authority under which
11 the local police are organized.
12 (2) Except as provided in paragraph (3), when
13 prosecution under any other provision of Title 75 (except
14 Chapter 77 (relating to snowmobiles)) is the result of local
15 police action, one-half of all fines forfeited, recognizances
16 and other forfeitures imposed, lost or forfeited shall be
17 payable to the municipal corporation or airport authority
18 under which the local police are organized.
19 (3) When prosecution under 75 Pa.C.S. § 3731 (relating
20 to driving under influence of alcohol or controlled
21 substance) is the result of local police action, 50% of all
22 fines forfeited, recognizances and other forfeitures imposed,
23 lost or forfeited shall be payable to the municipal
24 corporation or airport authority under which the local police
25 are organized and 50% shall be payable to the county which
26 shall be further divided as follows:
27 (i) Fifty percent of the moneys received shall be
28 allocated to the appropriate county authority which
29 implements the county drug and alcohol program to be used
30 solely for the purposes of aiding programs promoting
19830S0785B2244 - 4 -
1 alcoholism prevention, education, treatment and research.
2 (ii) Fifty percent of the moneys received shall be
3 used for expenditures incurred for county jails, prisons,
4 workhouses and detention centers.
5 (4) Fines forfeited, recognizances and other forfeitures
6 imposed, lost or forfeited shall be payable to an airport
7 authority under this subsection only when the municipal
8 corporation in which the violation occurred does not have a
9 local police force.
10 * * *
11 Section 2. This act shall take effect in 30 days.
12 SECTION 1. TITLE 74 OF THE PENNSYLVANIA CONSOLIDATED <--
13 STATUTES IS AMENDED BY ADDING A PART TO READ:
14 TITLE 74
15 TRANSPORTATION
16 PART
17 III. AVIATION
18 PART III
19 AVIATION
20 CHAPTER
21 51. PRELIMINARY PROVISIONS
22 53. AUTHORITY OF DEPARTMENT OF TRANSPORTATION
23 55. LEGAL STATUS OF AIR NAVIGATION
24 57. OBSTRUCTIONS TO AIRCRAFT OPERATION
25 59. AIRPORT OPERATION AND ZONING
26 61. AVIATION DEVELOPMENT
27 CHAPTER 51
28 PRELIMINARY PROVISIONS
29 SEC.
30 5101. SHORT TITLE OF PART.
19830S0785B2244 - 5 -
1 5102. DEFINITIONS.
2 5103. AVIATION RESTRICTED ACCOUNT.
3 § 5101. SHORT TITLE OF PART.
4 THIS PART SHALL BE KNOWN AND MAY BE CITED AS THE AVIATION
5 CODE.
6 § 5102. DEFINITIONS.
7 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS PART SHALL
8 HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
9 CONTEXT CLEARLY INDICATES OTHERWISE:
10 "AIRCRAFT." ANY CONTRIVANCE, EXCEPT AN UNPOWERED HANG-GLIDER
11 OR PARACHUTE, USED FOR MANNED ASCENT INTO OR FLIGHT THROUGH THE
12 AIR.
13 "AIRPORT." ANY AREA OF LAND OR WATER WHICH IS USED, OR
14 INTENDED TO BE USED FOR THE LANDING AND TAKEOFF OF AIRCRAFT AND
15 ANY APPURTENANT AREAS WHICH ARE USED, OR INTENDED TO BE USED,
16 FOR AIRPORT BUILDINGS OR AIR NAVIGATION FACILITIES OR RIGHTS-OF-
17 WAY, TOGETHER WITH ALL AIRPORT BUILDINGS AND FACILITIES THEREON.
18 UNLESS INDICATED OTHERWISE, AIRPORT SHALL INCLUDE HELIPORTS AND
19 PUBLIC AIRPORTS.
20 "AIRPORT HAZARD." ANY STRUCTURE OR OBJECT, NATURAL OR
21 MANMADE, OR USE OF LAND WHICH OBSTRUCTS THE AIRSPACE REQUIRED
22 FOR FLIGHT OF AIRCRAFT IN LANDING OR TAKING OFF AT AN AIRPORT OR
23 IS OTHERWISE HAZARDOUS TO THE LANDING OR TAKING OFF OF AIRCRAFT.
24 "AIRPORT HAZARD AREA." ANY AREA OF LAND OR WATER UPON WHICH
25 AN AIRPORT HAZARD MIGHT BE ESTABLISHED IF NOT PREVENTED AS
26 PROVIDED IN THIS PART.
27 "AVIATION DEVELOPMENT." ANY WORK INVOLVED IN THE
28 CONSTRUCTION, RECONSTRUCTION, IMPROVEMENT OR REPAIR OF A LANDING
29 AREA, HELIPORT, AIRPORT OR ANY PORTION THEREOF. FOR PURPOSES OF
30 THIS PART, AIRPORT DEVELOPMENT SHALL INCLUDE, BUT SHALL NOT BE
19830S0785B2244 - 6 -
1 LIMITED TO, THE REMOVAL, LOWERING AND RELOCATION OF AIRPORT
2 EQUIPMENT AND FACILITIES INCLUDING, BUT NOT LIMITED TO, THE <--
3 MARKING AND LIGHTING OF ANY AIRPORT; THE CONSTRUCTION AND
4 MAINTENANCE OF MAINTENANCE HANGARS AND T-STORAGE HANGARS; THE
5 INSTALLATION OR IMPROVEMENT OF NAVIGATION AIDS USED IN THE
6 LANDING AND TAKING OFF OF AIRCRAFT; THE PROMOTION AND <--
7 FACILITATION OF AREAS COTERMINOUS WITH AN AIRPORT TO ENCOURAGE
8 AND FACILITATE THE LOCATION OF MANUFACTURERS, PRODUCERS,
9 DISTRIBUTORS AND OTHER DEALERS IN AVIATION AND AVIATION-RELATED
10 PRODUCTS; THE PURCHASE OF SNOW REMOVAL EQUIPMENT; THE
11 INSTALLATION OF EQUIPMENT USED FOR THE SUPPRESSION OF NOISE,
12 INCLUDING THE CONSTRUCTION OF PHYSICAL BARRIERS AND LANDSCAPING
13 FOR THE PURPOSE OF DIMINISHING THE EFFECT OF AIRCRAFT NOISE IN
14 ANY AREA ADJACENT TO AN AIRPORT; THE ACQUISITION OF LAND, OR ANY
15 INTEREST THEREIN, OR ANY EASEMENT, FOR PURPOSES WHICH ARE
16 COMPATIBLE WITH THE OPERATION OF THE AIRPORT, INCLUDING THE
17 REMOVAL OF AIRPORT HAZARDS. THE INSTALLATION OF EQUIPMENT USED <--
18 FOR THE SUPPRESSION OF NOISE, INCLUDING THE CONSTRUCTION OF
19 PHYSICAL BARRIERS AND LANDSCAPING FOR THE PURPOSE OF DIMINISHING
20 THE EFFECT OF AIRCRAFT NOISE IN ANY AREA ADJACENT TO AN AIRPORT;
21 THE ACQUISITION OF LAND, OR ANY INTEREST THEREIN, OR ANY
22 EASEMENT, FOR PURPOSES WHICH ARE COMPATIBLE WITH THE OPERATION
23 OF THE AIRPORT, INCLUDING THE REMOVAL OF AIRPORT HAZARDS; AND
24 ANY OTHER AVIATION-RELATED IMPROVEMENTS SO LONG AS THEY ARE
25 DIRECTLY INVOLVED IN THE MOVEMENT, SERVICING OR HOUSING OF
26 AIRCRAFT ON AN AIRPORT.
27 "AVIATION-RELATED AREA." ANY AREA OF AN AIRPORT USED, OR
28 INTENDED TO BE USED, IN THE DIRECT OPERATION OF THE AIRPORT. THE
29 TERM INCLUDES, BUT IS NOT LIMITED TO, ANY PORTION OF THE AIRPORT
30 USED IN THE LANDING, TAKING OFF OR SURFACE MANEUVERING OF AN
19830S0785B2244 - 7 -
1 AIRCRAFT. THE TERM DOES NOT INCLUDE HANGARS, TERMINALS AND ANY
2 PORTION OF THE AIRPORT USED FOR THE HOUSING OF AIRCRAFT OR AREAS
3 DEDICATED TO HOTELS, MOTELS, SHOPS, RESTAURANTS, PARKING AREAS
4 AND GARAGES AND OTHER FOR PROFIT ESTABLISHMENTS WHO PURPOSE IS
5 UNRELATED TO THE LANDING AND TAKING OFF OF AIRCRAFT.
6 "BOARD." A ZONING HEARING BOARD OR JOINT ZONING HEARING
7 BOARD ESTABLISHED PURSUANT TO ARTICLE IX OF THE ACT OF JULY 31,
8 1968 (P.L.805, NO.247), KNOWN AS THE PENNSYLVANIA MUNICIPALITIES
9 PLANNING CODE, BUT NOT INCLUDING A JOINT AIRPORT ZONING BOARD,
10 ESTABLISHED PURSUANT TO SECTION 5912 (RELATING TO POWER TO ADOPT
11 AIRPORT ZONING REGULATIONS). IN MUNICIPALITIES WHERE THE
12 PENNSYLVANIA MUNICIPALITIES PLANNING CODE DOES NOT APPLY, THE
13 TERM SHALL MEAN THE BODY HAVING THE POWERS LISTED IN SECTION
14 5917 (RELATING TO ADMINISTRATIVE APPEALS).
15 "COMMERCIAL FLIGHT OPERATIONS." THE CARRYING OF PERSONS OR
16 GOODS FOR HIRE, INCLUDING THE CONDUCT OF FLIGHT INSTRUCTION FOR
17 COMPENSATION.
18 "COMMERCIAL OPERATOR." A PERSON WHO DEALS IN THE SALE OR
19 RESALE OF AIRCRAFT OR AIRCRAFT PARTS OR AIRCRAFT MAINTENANCE.
20 "DEPARTMENT." THE DEPARTMENT OF TRANSPORTATION.
21 "HELICOPTER." A ROTORCRAFT, OTHER THAN A MODEL OR RADIO-
22 CONTROLLED ROTORCRAFT, THAT, FOR ITS HORIZONTAL MOTION, DEPENDS
23 PRINCIPALLY ON ITS ENGINE-DRIVEN ROTOR.
24 "HELIPORT." ANY AREA OF LAND, WATER OR STRUCTURE WHICH IS
25 USED OR INTENDED TO BE USED FOR THE LANDING AND TAKEOFF OF
26 HELICOPTERS AND ANY APPURTENANT AREAS WHICH ARE USED FOR
27 HELIPORT BUILDINGS OR HELICOPTER FACILITIES OR RIGHTS-OF-WAY,
28 TOGETHER WITH ALL HELIPORT BUILDINGS AND FACILITIES THEREON.
29 "LANDING AREA." ANY AREA USED, OR INTENDED TO BE USED, FOR
30 THE LANDING, TAKING OFF OR SURFACE MANEUVERING OF AIRCRAFT.
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1 "PLANNING AGENCY." A PLANNING COMMISSION, PLANNING
2 DEPARTMENT, PLANNING COMMITTEE OF THE GOVERNING BODY OF A
3 MUNICIPALITY OR PLANNING COMMITTEE OF A JOINT AIRPORT ZONING
4 BOARD.
5 "PRIVATE AIRPORT." AN AIRPORT WHICH IS PRIVATELY OWNED AND
6 WHICH IS NOT OPEN OR INTENDED TO BE OPEN TO THE PUBLIC.
7 "PUBLIC AIRPORT." AN AIRPORT WHICH IS EITHER PUBLICLY OR
8 PRIVATELY OWNED AND WHICH IS OPEN TO THE PUBLIC.
9 "SECRETARY." THE SECRETARY OF TRANSPORTATION.
10 "STATEWIDE REGIONAL APPORTIONMENT FORMULA." THE METHOD
11 UTILIZED BY THE DEPARTMENT TO DETERMINE WHETHER OR NOT AN
12 AIRPORT QUALIFIES FOR STATE REVENUE TO BE UTILIZED FOR CAPITAL
13 CONSTRUCTION PROJECTS AND LAND ACQUISITIONS.
14 "STRUCTURE." INCLUDES BUILDINGS, TOWERS, SMOKESTACKS AND
15 OVERHEAD TRANSMISSION LINES.
16 § 5103. AVIATION RESTRICTED ACCOUNT.
17 (A) CREATION OF ACCOUNT.--THERE IS HEREBY CREATED A SPECIAL
18 ACCOUNT IN THE STATE TREASURY WHICH SHALL BE KNOWN AS THE
19 AVIATION RESTRICTED ACCOUNT.
20 (B) SOURCE.--THE REVENUE FROM THE FOLLOWING SOURCES SHALL BE
21 DEPOSITED IN THE AVIATION RESTRICTED ACCOUNT:
22 (1) PROCEEDS OF THE EXCISE TAX ALL EXCISE TAXES UPON THE <--
23 USE OF FUEL IN AIRCRAFT ENGINES.
24 (2) THE COST OF THE USE OF DEPARTMENT AIRCRAFT BY
25 COMMONWEALTH AGENCIES AND THE GENERAL ASSEMBLY, CHARGED
26 PURSUANT TO SECTION 5302 (RELATING TO AIRCRAFT FOR OFFICIAL
27 USE).
28 (3) MONEYS COLLECTED PURSUANT TO SECTIONS 5703 (RELATING
29 TO DISPOSITION OF FINES, FEES AND FORFEITURES) AND 5901
30 (RELATING TO HARRISBURG INTERNATIONAL AIRPORT).
19830S0785B2244 - 9 -
1 (4) PROCEEDS FROM THE SALE OF STATE-OWNED AIRPORTS OR
2 PROPERTY THEREON. DECLARED TO BE EXCESS AND SOLD PRIOR TO <--
3 JULY 1, 1984.
4 (C) USE OF ACCOUNT.--THE MONEYS FROM TIME TO TIME IN THE
5 AVIATION RESTRICTED ACCOUNT, AFTER PROVIDING THEREFROM FOR THE
6 COST OF ADMINISTRATION AND COLLECTION OF THE EXCISE TAX UPON THE
7 USE OF FUEL IN AIRCRAFT OR AIRCRAFT ENGINES, SHALL BE
8 APPROPRIATED BY THE GENERAL ASSEMBLY TO THE DEPARTMENT OR
9 POLITICAL SUBDIVISIONS AND USED SOLELY FOR THE PURCHASE,
10 CONSTRUCTION, RECONSTRUCTION, OPERATION AND MAINTENANCE OF
11 PUBLIC AIRPORTS, THE OPERATION, MAINTENANCE AND OTHER COSTS OF
12 AIRCRAFT OWNED OR LEASED BY THE COMMONWEALTH, ANY OTHER PURPOSE
13 REASONABLY RELATED TO AIR NAVIGATION INCLUDING BUT NOT LIMITED
14 TO THE REIMBURSEMENT OF PUBLIC AIRPORT PROPERTY OWNERS FOR
15 PROPERTY TAX EXPENDITURES INCIDENT THERETO AND FOR THE PAYMENT
16 OF OBLIGATIONS INCURRED FOR SUCH PURPOSES. THE MONEYS IN THE
17 AVIATION RESTRICTED ACCOUNT SHALL NOT BE DIVERTED BY TRANSFER OR
18 OTHERWISE TO ANY OTHER PURPOSE.
19 (5) PROCEEDS FROM RENTS, FEES AND OTHER MONEYS DERIVED <--
20 FROM ANY SOURCE UNDER THE PROVISIONS OF SECTION 5903
21 (RELATING TO AUTHORITY OF DEPARTMENT).
22 (C) USE OF ACCOUNT.--THE MONEYS FROM TIME TO TIME IN THE
23 AVIATION RESTRICTED ACCOUNT, AFTER PROVIDING THEREFROM FOR THE
24 COST OF ADMINISTRATION AND COLLECTION OF THE EXCISE TAX UPON THE
25 USE OF FUEL IN AIRCRAFT OR AIRCRAFT ENGINES, SHALL BE
26 APPROPRIATED BY THE GENERAL ASSEMBLY TO THE DEPARTMENT OR
27 POLITICAL SUBDIVISIONS FOR USE IN THE FOLLOWING MANNER:
28 (1) THE PORTION OF THE ACCOUNT DERIVED FROM THE TAX ON
29 FUEL SOLD FOR USE IN PROPELLER-DRIVEN PISTON AIRCRAFT OR
30 AIRCRAFT ENGINES AS PROVIDED FOR IN THE ACT OF MAY 21, 1931
19830S0785B2244 - 10 -
1 (P.L.149, NO.105), KNOWN AS THE LIQUID FUELS TAX ACT, AND THE
2 ACT OF JANUARY 14, 1952 (1951 P.L.1965, NO.550), KNOWN AS THE
3 FUEL USE TAX ACT, AND ALL THE MONEYS COLLECTED PURSUANT TO
4 SECTION 6121 (RELATING TO TAX ON AVIATION FUELS) SHALL BE
5 RESERVED SOLELY FOR LOCAL REAL ESTATE TAX REIMBURSEMENTS FOR
6 PUBLIC AIRPORTS, FOR COSTS OF ADMINISTERING THE PROGRAM AS
7 PROVIDED FOR IN SECTION 6122(E) (RELATING TO ALLOCATION OF
8 FUNDS) AND FOR PAYMENT OF OBLIGATIONS INCURRED FOR SUCH
9 PURPOSES. THIS PORTION OF THE ACCOUNT SHALL BE MAINTAINED BY
10 THE STATE TREASURER AND SHALL BE ADMINISTERED BY THE
11 DEPARTMENT. ON OR BEFORE FEBRUARY 1 OF EACH YEAR, THE STATE
12 TREASURER SHALL NOTIFY THE DEPARTMENT OF THE MONEYS COLLECTED
13 AND DEPOSITED IN THAT PORTION OF THE AVIATION RESTRICTED
14 ACCOUNT RESERVED SOLELY FOR LOCAL REAL ESTATE TAX
15 REIMBURSEMENTS FOR THE PRECEDING CALENDAR YEAR. THE
16 NOTIFICATION SHALL INCLUDE ANY MONEYS GAINED THROUGH THE
17 STATE TREASURER'S INVESTMENT OF REVENUES.
18 (2) THE PORTION OF THE ACCOUNT DERIVED FROM THE TAX SOLD
19 FOR USE IN TURBINE-PROPELLED JET, TURBOJET AND JET-DRIVEN
20 AIRCRAFT AND AIRCRAFT ENGINES AS PROVIDED FOR IN THE LIQUID
21 FUELS TAX ACT AND THE FUEL USE TAX ACT AND ALL THE MONEYS
22 COLLECTED PURSUANT TO SECTION 6131 (RELATING TO TAX ON JET
23 FUELS) SHALL BE APPROPRIATED TO FUND THE CONTINUATION OF
24 EXISTING AVIATION PROGRAMS, INCLUDING AVIATION DEVELOPMENT
25 GRANTS; A RUNWAY MARKING PROGRAM FOR PUBLIC AIRPORTS;
26 ADMINISTRATION, OPERATION AND MAINTENANCE OF ALL STATE-OWNED
27 AIRPORTS, OTHER THAN HARRISBURG INTERNATIONAL AIRPORT;
28 PAYMENT OF DEBT SERVICE FOR IMPROVEMENTS ON STATE-OWNED
29 AIRPORTS; INCLUDING IMPROVEMENTS AT HARRISBURG INTERNATIONAL
30 AIRPORT AUTHORIZED PRIOR TO JULY 1, 1984; MATCHING FUND
19830S0785B2244 - 11 -
1 PROGRAMS FOR PUBLIC AIRPORTS AS DETERMINED BY THE STATEWIDE
2 REGIONAL APPORTIONMENT FORMULA; AND THE OPERATIONS OF THE
3 BUREAU OF AVIATION. THE SUM ALLOTTED FOR BUREAU OPERATIONS
4 SHALL NOT EXCEED THE AMOUNT OF AVIATION DEVELOPMENT GRANTS.
5 (3) THE BALANCE OF THE ACCOUNT MAY BE USED FOR THE
6 PURCHASE, CONSTRUCTION, RECONSTRUCTION, OPERATION AND
7 MAINTENANCE OF STATE-OWNED AIRPORTS INCLUDING HARRISBURG
8 INTERNATIONAL AIRPORT; THE OPERATION, MAINTENANCE AND OTHER
9 COSTS OF AIRCRAFT OWNED OR LEASED BY THE COMMONWEALTH; AND
10 ANY OTHER PURPOSE REASONABLY RELATED TO AIR NAVIGATION. THE
11 MONEYS IN THE AVIATION RESTRICTED ACCOUNT SHALL NOT BE
12 DIVERTED BY TRANSFER OR OTHERWISE TO ANY OTHER PURPOSE.
13 CHAPTER 53
14 AUTHORITY OF DEPARTMENT OF TRANSPORTATION
15 SEC.
16 5301. AUTHORITY OF DEPARTMENT.
17 5302. AIRCRAFT FOR OFFICIAL USE.
18 § 5301. AUTHORITY OF DEPARTMENT.
19 (A) GENERAL POWERS.--THE DEPARTMENT SHALL ADMINISTER THE
20 PROVISIONS OF THIS PART AND, FOR THAT PURPOSE, SHALL PROMULGATE
21 AND ENFORCE REGULATIONS AS NECESSARY TO EXECUTE THE POWERS
22 VESTED IN IT BY THIS PART AND OTHER LAWS RELATING TO AVIATION,
23 AIRPORTS AND AIR SAFETY WITHIN THIS COMMONWEALTH. THE SECRETARY
24 SHALL HAVE THE POWERS AND PERFORM THE FUNCTIONS PROVIDED BY THIS
25 PART. WHERE ANY PROVISION OF THIS PART CONFERS POWERS OR IMPOSES
26 DUTIES UPON THE DEPARTMENT WHICH UNDER ANY FEDERAL STATUTE MAY
27 BE EXERCISED BY OR IMPOSED ON ONLY THE SECRETARY OF
28 TRANSPORTATION, THE REFERENCE TO THE DEPARTMENT SHALL BE
29 CONSTRUED TO MEAN THE DEPARTMENT ACTING BY AND THROUGH THE
30 SECRETARY OF TRANSPORTATION OR THE PERSON FOR THE TIME BEING
19830S0785B2244 - 12 -
1 ACTING AS THE SECRETARY OF TRANSPORTATION PERSONALLY.
2 (B) SPECIFIC POWERS.--THE DEPARTMENT IS AUTHORIZED TO:
3 (1) PROVIDE FOR THE EXAMINATION, RATING AND LICENSING OF
4 AIRPORTS.
5 (2) OPERATE AND MAINTAIN AIRPORTS WHICH ARE OWNED OR
6 LEASED BY THE COMMONWEALTH AND ENCOURAGE AND ASSIST IN THE
7 ESTABLISHMENT AND CONSTRUCTION OF OTHER AIRPORTS.
8 (3) EXPEND MONEYS APPROPRIATED TO IT FOR THE PURPOSES OF
9 THE ADMINISTRATION OF THIS ACT, INCLUDING PROCEEDS FROM
10 AVIATION FUEL EXCISE TAXES AND FINES ARISING FROM VIOLATIONS
11 OF CHAPTER 57 (RELATING TO OBSTRUCTIONS TO AIRCRAFT
12 OPERATION) FROM TIME TO TIME IN THE AVIATION RESTRICTED
13 ACCOUNT.
14 (4) ACCEPT AND EXPEND MONEY, PROPERTY OR OTHER THINGS OF
15 VALUE RECEIVED FROM THE FEDERAL GOVERNMENT OR FROM ANY OTHER
16 SOURCE FOR THE MAKING OF SURVEYS AND PLANS AND THE PURCHASE
17 OF LANDS FOR AND THE CONSTRUCTION OF AIRPORTS.
18 (5) EXPEND COMMONWEALTH FUNDS FOR SEARCH AND RESCUE
19 OPERATIONS AND ORGAN TRANSPORT BY THE CIVIL AIR PATROL, AND
20 EDUCATIONAL MATERIALS AND EQUIPMENT RELATED THERETO.
21 (6) ENCOURAGE AND ASSIST IN THE ESTABLISHMENT AND
22 CONSTRUCTION OF AIRPORTS.
23 (7) PROVIDE FOR THE LICENSING OF COMMERCIAL OPERATORS.
24 IF THE DEPARTMENT SHOULD FAIL TO EXERCISE THIS POWER, OR IF
25 IT SHOULD DISCONTINUE ITS USE, IT SHALL PUBLISH NOTICE
26 THEREOF IN THE PENNSYLVANIA BULLETIN AT LEAST 60 DAYS PRIOR
27 TO ITS DISCONTINUANCE.
28 (8) PROVIDE FOR EDUCATION AND TRAINING IN CRASH FIRE
29 RESCUE OPERATIONS.
30 (9) PROVIDE FOR PLACEMENT OF APPROPRIATE RUNWAY
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1 MARKINGS, HAZARD MARKINGS AND HIGHWAY DIRECTIONAL SIGNING.
2 (C) ADDITIONAL POWER.--IN ADDITION TO THE AFOREMENTIONED
3 SPECIFIC POWERS, THE DEPARTMENT MAY ARRANGE FOR THE PUBLICATION
4 OF AERONAUTICAL CHARTS, AIRCRAFT DIRECTORIES AND OTHER AVIATION
5 INFORMATION.
6 (D) CONFORMITY TO FEDERAL LAW.--ALL RULES AND REGULATIONS
7 PROMULGATED BY THE DEPARTMENT UNDER THE AUTHORITY OF THIS PART
8 SHALL BE CONSISTENT WITH AND CONFORM TO THE FEDERAL STATUTES AND
9 REGULATIONS GOVERNING AERONAUTICS.
10 (E) LIMITATION ON POWERS.--
11 (1) NO LICENSE FOR A NEW AIRPORT, WHICH IS PROPOSED TO
12 BE LOCATED WITHIN A FIVE-MILE RADIUS OF AN EXISTING AIRPORT,
13 OR FOR THE CONVERSION OF A MILITARY AIRPORT TO JOINT USE <--
14 SHALL BE ISSUED BY THE DEPARTMENT UNLESS IT HAS HELD A PUBLIC
15 HEARING ON THE LICENSE APPLICATION. THE HEARING SHALL BE HELD
16 IN THE AREA WHERE THE PROPOSED AIRPORT IS TO BE LOCATED AND
17 AT LEAST 60 DAYS NOTICE OF THE DATE, TIME AND PLACE OF THE
18 HEARING SHALL BE GIVEN TO THE PUBLIC IN AT LEAST ONE
19 NEWSPAPER OF GENERAL CIRCULATION. NO LICENSE SHALL BE ISSUED
20 UNLESS THE DEPARTMENT IS SATISFIED THAT FAIR CONSIDERATION
21 HAS BEEN GIVEN TO THE INTEREST OF THE COMMUNITIES IN OR NEAR
22 WHICH THE PROPOSED AIRPORT IS TO BE LOCATED AND IN NO EVENT
23 SHALL THE DEPARTMENT LICENSE ANY AIRPORT WITHIN TWO MILES OF
24 THE BOUNDARY OF AN EXISTING AIRPORT. ANY PERSON AGGRIEVED BY
25 A DECISION OF THE DEPARTMENT TO GRANT OR DENY A LICENSE FOR A
26 NEW AIRPORT OR FOR A CONVERSION OF A MILITARY AIRPORT TO <--
27 JOINT USE MAY TAKE AN APPEAL AS PROVIDED IN TITLE 2 (RELATING
28 TO ADMINISTRATIVE LAW AND PROCEDURE). NOTHING IN THIS
29 SUBSECTION SHALL BE CONSTRUED AS APPLYING TO THE LICENSING OF
30 HELIPORTS, EXISTING AIRPORTS, UPGRADING OF EXISTING AIRPORTS
19830S0785B2244 - 14 -
1 OR AIRPORTS UNDER CONSTRUCTION UNLESS FOR CONVERSION OF <--
2 MILITARY AIRPORTS TO JOINT USE.
3 (2) ANY LICENSE FOR AN AIRPORT ISSUED BY THE DEPARTMENT
4 SHALL BE EFFECTIVE FOR A PERIOD NOT LESS THAN TWO YEARS FROM
5 THE DATE OF ITS ISSUANCE. THE DEPARTMENT MAY REVOKE AN
6 AIRPORT LICENSE UPON PROOF OF ANY VIOLATION OF LAW OR
7 REGULATION RELATING TO AVIATION.
8 (3) THE DEPARTMENT SHALL NOT UTILIZE THE STATEWIDE
9 REGIONAL APPORTIONMENT FORMULA FOR ANY PROJECT WHEN IT HAS
10 NOT RECEIVED APPROVAL OF THE FEDERAL AVIATION ADMINISTRATION
11 AND AT LEAST 5% OF THE PROJECT'S FUNDING FROM THE AVIATION
12 RESTRICTED ACCOUNT.
13 § 5302. AIRCRAFT FOR OFFICIAL USE.
14 THE DEPARTMENT MAY PURCHASE OR LEASE AND MAINTAIN AIRCRAFT
15 REQUIRED FOR THE PROPER CONDUCT OF THE BUSINESS OF THE
16 COMMONWEALTH AGENCIES AND THE GENERAL ASSEMBLY. THE TOTAL COST,
17 INCLUDING ALL ORDINARY AND NECESSARY EXPENSES FOR THE USE OF
18 SUCH AIRCRAFT, SHALL BE CHARGED BY THE DEPARTMENT TO THE USING
19 AGENCY OR THE GENERAL ASSEMBLY. THE AMOUNT OF SUCH CHARGE SHALL
20 BE PAID INTO THE AVIATION RESTRICTED ACCOUNT AND BE CREDITED TO
21 THE AMOUNTS APPROPRIATED THEREFROM FOR THE USE OF THE
22 DEPARTMENT. ALL AMOUNTS SO CREDITED ARE HEREBY APPROPRIATED TO
23 THE DEPARTMENT FOR THE SAME PURPOSES AS OTHER APPROPRIATIONS OUT
24 OF THE AVIATION RESTRICTED ACCOUNT FOR THE USE OF THE
25 DEPARTMENT.
26 CHAPTER 55
27 LEGAL STATUS OF AIR NAVIGATION
28 SEC.
29 5501. OWNERSHIP OF SPACE.
30 5502. DAMAGE TO PERSONS AND PROPERTY ON GROUND.
19830S0785B2244 - 15 -
1 5503. LAW APPLICABLE TO CRIMES AND TORTS.
2 5504. LAW APPLICABLE TO CONTRACTS.
3 § 5501. OWNERSHIP OF SPACE.
4 (A) GENERAL RULE.--THE OWNERSHIP OF THE SPACE OVER AND ABOVE
5 THE LANDS AND WATERS OF THIS COMMONWEALTH IS DECLARED TO BE
6 VESTED IN THE OWNER OF THE SURFACE BENEATH, BUT THE OWNERSHIP
7 EXTENDS ONLY SO FAR AS IS NECESSARY TO THE ENJOYMENT OF THE USE
8 OF THE SURFACE WITHOUT INTERFERENCE AND IS SUBJECT TO THE RIGHT
9 OF PASSAGE OR FLIGHT OF AIRCRAFT. FLIGHT THROUGH THE SPACE OVER
10 AND ABOVE LAND OR WATER, AT A SUFFICIENT HEIGHT AND WITHOUT
11 INTERFERENCE TO THE ENJOYMENT AND USE OF THE LAND OR WATER
12 BENEATH, IS NOT AN ACTIONABLE WRONG UNLESS THE FLIGHT RESULTS IN
13 ACTUAL DAMAGE TO THE LAND OR WATER, OR PROPERTY THEREON OR
14 THEREIN, OR USE OF THE LAND OR WATER BENEATH.
15 (B) PENALTY.--EXCEPT IN AN EMERGENCY, IT IS UNLAWFUL TO <--
16 LAND, MANEUVER OR TAKE OFF AN AIRCRAFT FROM ANY PROPERTY OR
17 FACILITY WITHIN THIS COMMONWEALTH UNLESS THE FACILITY OR
18 PROPERTY IS LICENSED BY THE DEPARTMENT. ANY PERSON VIOLATING ANY
19 OF THE PROVISIONS OF THIS PART, UNLESS THE VIOLATION IS BY THIS
20 TITLE OR OTHER STATUTE OF THIS COMMONWEALTH DECLARED TO BE A
21 MISDEMEANOR, OR ANY OF THE RULES AND REGULATIONS ADOPTED BY THE
22 DEPARTMENT PURSUANT TO THIS PART, COMMITS A SUMMARY OFFENSE AND
23 SHALL, UPON CONVICTION, BE SENTENCED TO PAY A FINE OF NOT LESS
24 THAN $50 AND NOT MORE THAN $200 AND, IN DEFAULT THEREOF, TO
25 UNDERGO IMPRISONMENT FOR A PERIOD NOT EXCEEDING 30 DAYS. THIS
26 SUBSECTION SHALL NOT APPLY TO HELICOPTER OR ULTRALIGHT AIRCRAFT
27 LANDING, MANEUVERING OR TAKING OFF.
28 (B) PENALTY.--EXCEPT IN AN EMERGENCY, NO AIRCRAFT MAY LAND <--
29 ON, TAXI OR MANEUVER UPON, OR TAKE OFF FROM A PUBLIC AIRPORT
30 UNLESS OPERATED BY A PERSON POSSESSING PROOF OF HAVING ATTAINED
19830S0785B2244 - 16 -
1 A NATIONAL STANDARD OF COMPETENCE IN THE OPERATION OF THAT
2 AIRCRAFT. ANY PERSON VIOLATING ANY OF THE PROVISIONS OF THIS
3 PART, UNLESS THE VIOLATION IS BY THIS TITLE OR OTHER STATUTE OF
4 THIS COMMONWEALTH DECLARED TO BE A MISDEMEANOR, OR ANY OF THE
5 RULES AND REGULATIONS ADOPTED BY THE DEPARTMENT PURSUANT TO THIS
6 PART, COMMITS A SUMMARY OFFENSE AND SHALL, UPON CONVICTION, BE
7 SENTENCED TO PAY A FINE OF NOT LESS THAN $50 AND NOT MORE THAN
8 $200 AND, IN DEFAULT THEREOF, TO UNDERGO IMPRISONMENT FOR A
9 PERIOD NOT EXCEEDING 30 DAYS.
10 § 5502. DAMAGE TO PERSONS AND PROPERTY ON GROUND.
11 (A) GENERAL RULE.--THE OWNER AND THE PILOT, OR EITHER OF
12 THEM, OF AN AIRCRAFT WHICH IS OPERATED OVER THE LANDS OR WATERS
13 OF THIS COMMONWEALTH SHALL BE LIABLE FOR INJURIES OR DAMAGE TO
14 PERSONS OR PROPERTY ON OR OVER THE LAND OR WATER BENEATH, CAUSED
15 BY THE ASCENT, DESCENT OR FLIGHT OF AIRCRAFT OR THE DROPPING OR
16 FALLING OF ANY OBJECT THEREFROM IN ACCORDANCE WITH THE LAW
17 APPLICABLE TO TORTS ON LAND IN THIS COMMONWEALTH.
18 (B) DEFINITION.--AS USED IN THIS SECTION THE WORD "OWNER"
19 INCLUDES A PERSON HAVING FULL TITLE TO AIRCRAFT AND OPERATING IT
20 THROUGH AGENTS AND ALSO INCLUDES A BONA FIDE LESSEE OR BAILEE OF
21 THE AIRCRAFT WHETHER GRATUITOUSLY OR FOR HIRE. IT DOES NOT
22 INCLUDE A BONA FIDE BAILOR OR LESSOR OF THE AIRCRAFT, WHETHER
23 GRATUITOUSLY OR FOR HIRE, OR A MORTGAGEE, SECURED PARTY, TRUSTEE
24 FOR CREDITORS OF THE AIRCRAFT OR OTHER PERSONS HAVING A SECURITY
25 TITLE ONLY. THE OWNER OF THE AIRCRAFT SHALL NOT BE LIABLE WHEN
26 THE PILOT OF THE AIRCRAFT IS IN POSSESSION THEREOF AS A RESULT
27 OF THEFT OR FELONIOUS CONVERSION. THE PERSON IN WHOSE NAME AN
28 AIRCRAFT IS REGISTERED WITH THE UNITED STATES DEPARTMENT OF
29 TRANSPORTATION IS PRIMA FACIE THE OWNER OF THE AIRCRAFT WITHIN
30 THE MEANING OF THIS SECTION.
19830S0785B2244 - 17 -
1 § 5503. LAW APPLICABLE TO CRIMES AND TORTS.
2 (A) GENERAL RULE.--ALL CRIMES, TORTS AND OTHER WRONGS
3 COMMITTED BY OR AGAINST A PILOT OR PASSENGERS, WHILE IN FLIGHT
4 OVER OR ABOVE THE LANDS AND WATERS OF THIS COMMONWEALTH, SHALL
5 BE GOVERNED BY THE LAW OF THIS COMMONWEALTH. THE ISSUE OF
6 WHETHER DAMAGE OCCASIONED BY OR TO AN AIRCRAFT, WHILE OVER THIS
7 COMMONWEALTH, CONSTITUTES A TORT, CRIME OR OTHER WRONG BY OR
8 AGAINST THE OWNER OF THE AIRCRAFT SHALL BE DETERMINED BY THE LAW
9 OF THIS COMMONWEALTH.
10 (B) LIABILITY FOR INJURY TO PASSENGERS.--THE LIABILITY OF
11 THE OWNER OR PILOT OF AN AIRCRAFT CARRYING PASSENGERS, FOR
12 INJURY OR DEATH TO THE PASSENGERS, SHALL BE DETERMINED BY THE
13 LAW APPLICABLE TO TORTS ON THE LANDS OR WATERS OF THIS
14 COMMONWEALTH ARISING OUT OF SIMILAR RELATIONSHIPS.
15 (C) LIABILITY FOR COLLISION OF AIRCRAFT.--THE LIABILITY OF
16 THE OWNER OF ONE AIRCRAFT TO THE OWNER OF ANOTHER AIRCRAFT, OR
17 TO PILOTS OR PASSENGERS ON EITHER AIRCRAFT, OR DAMAGE CAUSED BY
18 COLLISION, ON LAND OR IN THE AIR, SHALL BE DETERMINED BY THE LAW
19 APPLICABLE TO TORTS ON THE LANDS OR WATERS OF THIS COMMONWEALTH.
20 (D) LIABILITY OF INSURER.--NO INSURER SHALL DENY COVERAGE
21 UNDER AN EXCLUSION IN AN AGREEMENT WHERE THERE IS NO CAUSAL
22 CONNECTION BETWEEN THE EXCLUSION AND ANY LOSS RESULTING FROM ANY
23 ACCIDENT.
24 (E) RENTAL INSURANCE DISCLOSURE.--
25 (1) EVERY PERSON WHO, IN THE ORDINARY COURSE OF HIS
26 BUSINESS, RENTS AN AIRCRAFT TO ANOTHER PERSON, SHALL DELIVER
27 TO SUCH RENTER A WRITTEN NOTICE STATING THE NATURE AND EXTENT
28 OF INSURANCE COVERAGE PROVIDED, IF ANY, FOR THE RENTER
29 AGAINST LOSS OF OR DAMAGE TO THE HULL OF THE AIRCRAFT, OR
30 AGAINST LIABILITY ARISING OUT OF THE OWNERSHIP, MAINTENANCE
19830S0785B2244 - 18 -
1 OR USE OF THE AIRCRAFT. THE NOTICE SHALL CONTAIN THE NAME OF
2 THE PERSON GIVING THE NOTICE AND SHALL BE IN SUCH FORM AS
3 REQUIRED BY THE DEPARTMENT.
4 (2) EVERY PERSON SUBJECT TO THE REQUIREMENTS OF
5 PARAGRAPH (1) SHALL, IN ADDITION THERETO, CONSPICUOUSLY POST
6 IN EVERY PLACE HE CONDUCTS BUSINESS, A STATEMENT SETTING
7 FORTH THE NATURE AND EXTENT OF INSURANCE COVERAGE.
8 (3) ANY PERSON WHO FAILS TO DELIVER THE NOTICE IN
9 ACCORDANCE WITH PARAGRAPH (1) COMMITS A SUMMARY OFFENSE AND
10 SHALL, UPON CONVICTION, BE SENTENCED TO PAY A FINE OF NOT
11 MORE THAN $1,000.
12 § 5504. LAW APPLICABLE TO CONTRACTS.
13 ALL CONTRACTUAL AND OTHER RELATIONS ENTERED INTO BY PILOTS OR
14 PASSENGERS, WHILE IN FLIGHT OVER OR ABOVE THE LANDS OR WATERS OF
15 THIS COMMONWEALTH, SHALL BE GOVERNED BY THE LAWS APPLICABLE TO
16 SIMILAR RELATIONS ENTERED INTO ON THE LANDS OF THIS
17 COMMONWEALTH.
18 CHAPTER 57
19 OBSTRUCTIONS TO AIRCRAFT OPERATION
20 SEC.
21 5701. DEPARTMENT APPROVAL.
22 5702. COMMENCEMENT OF PROCEEDINGS FOR SUMMARY OFFENSES.
23 5703. DISPOSITION OF FINES, FEES AND FORFEITURES.
24 § 5701. DEPARTMENT APPROVAL.
25 (A) OBSTRUCTIONS TO AIRCRAFT WITHIN APPROACH AREA.--A PERSON
26 WHO ERECTS AND MAINTAINS ANY SMOKE STACK, FLAG POLE, ELEVATED
27 TANK, RADIO STATION TOWER, ANTENNA, BUILDING, STRUCTURE, ANY
28 OBJECT OF NATURAL GROWTH OR OTHER OBSTRUCTION TO THE OPERATION
29 OF AIRCRAFT WITHIN AN APPROACH AREA THAT EXTENDS ABOVE AN
30 INCLINED PLANE WITHOUT FIRST OBTAINING PRIOR APPROVAL THEREOF
19830S0785B2244 - 19 -
1 FROM THE DEPARTMENT COMMITS A SUMMARY OFFENSE. EACH DAY A
2 VIOLATION OF THIS SUBSECTION CONTINUES CONSTITUTES A SEPARATE
3 OFFENSE.
4 (B) STRUCTURES IN CLOSE PROXIMITY TO AIRPORT.--A PERSON WHO
5 ERECTS A NEW STRUCTURE OR ADDS TO AN EXISTING STRUCTURE IN
6 VIOLATION OF GUIDELINES OR REGULATIONS ADOPTED BY THE FEDERAL
7 AVIATION ADMINISTRATION OF THE UNITED STATES DEPARTMENT OF
8 TRANSPORTATION, OR WHO ERECTS THE STRUCTURE WITH RESPECT TO THE
9 AIRPORT WITHOUT IN EITHER EVENT FIRST OBTAINING PRIOR APPROVAL
10 FROM THE DEPARTMENT, COMMITS A SUMMARY OFFENSE.
11 (C) DEFINITION.--AS USED IN THIS SECTION THE TERM "APPROACH
12 AREA" INCLUDES ALL THAT AREA LYING WITHIN AND ABOVE AN INCLINED
13 PLANE, STARTING AT EACH END OF EACH RUNWAY OR LANDING STRIP OF A
14 PUBLIC-USE AIRPORT, AS DESCRIBED BY GUIDELINES OR REGULATIONS
15 ADOPTED BY THE FEDERAL AVIATION ADMINISTRATION OF THE UNITED
16 STATES DEPARTMENT OF TRANSPORTATION.
17 § 5702. COMMENCEMENT OF PROCEEDINGS FOR SUMMARY OFFENSES.
18 IN CASES WHERE THE ALLEGED VIOLATION OF THIS CHAPTER IS
19 DESIGNATED A SUMMARY OFFENSE, PROCEEDINGS SHALL BE INSTITUTED
20 UNDER APPLICABLE LAW WITHIN 30 DAYS AFTER THE COMMISSION OF THE
21 ALLEGED VIOLATION. IF THE PROCEEDINGS ARE INSTITUTED AGAINST A
22 PERSON PRIMA FACIE GUILTY OF AN OFFENSE AND IT SUBSEQUENTLY
23 APPEARS THAT ANOTHER PERSON WAS THE VIOLATOR, PROCEEDINGS MAY BE
24 INSTITUTED AGAINST THE OTHER PERSON WITHIN 30 DAYS AFTER HIS
25 IDENTITY HAS BEEN DISCOVERED.
26 § 5703. DISPOSITION OF FINES, FEES AND FORFEITURES.
27 ALL FINES, FEES AND FORFEITURES COLLECTED UNDER THIS PART FOR
28 VIOLATIONS THEREOF, AND ALL BAIL FORFEITED, SHALL BE PAID TO THE
29 DEPARTMENT OF REVENUE AND TRANSMITTED TO THE STATE TREASURY AND
30 CREDITED TO THE AVIATION RESTRICTED ACCOUNT BY THE DISTRICT
19830S0785B2244 - 20 -
1 JUSTICE OR OTHER OFFICER IMPOSING OR RECEIVING THEM. A DISTRICT
2 JUSTICE WHO FAILS TO PAY THE FINES, FEES AND FORFEITURES TO THE
3 DEPARTMENT OF REVENUE COMMITS A MISDEMEANOR OF THE THIRD DEGREE.
4 CHAPTER 59
5 AIRPORT OPERATION AND ZONING
6 SUBCHAPTER
7 A. GENERAL PROVISIONS
8 B. AIRPORT ZONING
9 SUBCHAPTER A
10 GENERAL PROVISIONS
11 SEC.
12 5901. HARRISBURG INTERNATIONAL AIRPORT.
13 5902. OTHER AIRPORTS.
14 5903. AUTHORITY OF DEPARTMENT.
15 5904. AIRPORT AUTHORITIES.
16 § 5901. HARRISBURG INTERNATIONAL AIRPORT.
17 ALL RIGHT, TITLE AND INTEREST IN CERTAIN PROPERTY LOCATED IN
18 LOWER SWATARA TOWNSHIP AND THE BOROUGH OF MIDDLETOWN, DAUPHIN
19 COUNTY, FORMERLY KNOWN AS OLMSTED AIR FORCE BASE, PRESENTLY
20 KNOWN AS HARRISBURG INTERNATIONAL AIRPORT AND MORE FULLY
21 DESCRIBED IN THE ACT OF APRIL 25, 1929 (P.L.755, NO.319),
22 ENTITLED "AN ACT TO CEDE JURISDICTION TO THE UNITED STATES OVER
23 THE TRACTS OF LANDS AND BUILDINGS OCCUPIED BY THE ARMY AIR DEPOT
24 AND FLYING FIELD LOCATED IN AND ADJACENT TO THE BOROUGH OF
25 MIDDLETOWN, DAUPHIN COUNTY," WHICH HAS BEEN ACQUIRED BY THE
26 COMMONWEALTH FROM THE FEDERAL GOVERNMENT SHALL VEST IN THE
27 COMMONWEALTH AND SHALL BE UNDER THE ADMINISTRATION AND CONTROL
28 OF THE DEPARTMENT FOR THE USES AND PURPOSES SET FORTH IN THIS
29 SECTION.
30 § 5902. OTHER AIRPORTS.
19830S0785B2244 - 21 -
1 ALL RIGHTS, TITLE AND INTEREST IN CERTAIN PROPERTIES KNOWN AS
2 CAPITAL CITY AIRPORT LOCATED IN YORK COUNTY, MID-STATE AIRPORT <--
3 LOCATED IN CENTRE COUNTY, AND GRAND CANYON LOCATED IN TIOGA
4 COUNTY AND BURNT CABINS LOCATED IN HUNTINGDON COUNTY, SHALL BE <--
5 UNDER THE ADMINISTRATION AND CONTROL OF THE DEPARTMENT FOR THE
6 USES AND PURPOSES SET FORTH IN THIS PART.
7 § 5903. AUTHORITY OF DEPARTMENT.
8 (A) POWERS ENUMERATED.--THE DEPARTMENT IS AUTHORIZED TO:
9 (1) ALLOCATE SO MUCH OF THE PROPERTY FOR USE AS AIRPORTS
10 AS IT DETERMINES TO BE NECESSARY.
11 (2) OPERATE AND MAINTAIN THE AIRPORTS.
12 (3) GRANT LEASES, LICENSES, EASEMENTS AND RIGHTS-OF-WAY
13 OVER, UNDER AND UPON THE PROPERTY, FOR ANY PERIOD UNDER SUCH
14 TERMS AND CONDITIONS AND FOR SUCH RENT OR OTHER CONSIDERATION
15 AS THE DEPARTMENT DEEMS PROPER. WITH RESPECT TO LEASES OR <--
16 AGREEMENTS RELATING TO AIRPORTS THE APPROPRIATE DEPARTMENT,
17 IN NEGOTIATIONS WITH ANY PERSON REGARDING SUCH LEASES OR
18 AGREEMENTS, SHALL INSURE THAT RETENTION AND CREATION OF
19 EMPLOYMENT SHALL BE THE ULTIMATE RESULT OF THESE
20 NEGOTIATIONS. FURTHER, SUCH LEASE OR AGREEMENT SHALL INCLUDE
21 PROVISIONS THAT REQUIRE THE LESSEE TO ADEQUATELY MAINTAIN
22 ACCESS ROADS, RUNWAYS AND BUILDINGS AND KEEP THE AIRPORT
23 OPERATIONAL. IF THE LESSEE FAILS TO ABIDE BY THE TERMS OF THE
24 LEASE OR AGREEMENT WITH REGARD TO THE ABOVE, THE APPROPRIATE
25 DEPARTMENT, AFTER GIVING REASONABLE NOTICE, SHALL TERMINATE
26 THE LEASE OR AGREEMENT.
27 (4) SELL AND CONVEY OR EXCHANGE WITH THE APPROVAL OF THE
28 GOVERNOR AND THE GENERAL ASSEMBLY ANY OF THE PROPERTY UNDER
29 SUCH TERMS AND CONDITIONS AND FOR SUCH CONSIDERATION AS THE
30 DEPARTMENT DEEMS PROPER.
19830S0785B2244 - 22 -
1 (5) EQUIP, ALTER, REPAIR, MAINTAIN, RENEW, RELOCATE OR
2 DEMOLISH ALL OR ANY PORTION OF THE PROPERTY INCLUDING ANY
3 BUILDING, STRUCTURE OR FIXTURE.
4 (6) MARK, BUILD, REBUILD, RELOCATE, FIX THE WIDTH OF,
5 CONSTRUCT, REPAIR AND MAINTAIN ROADS OVER THE PROPERTY.
6 (7) PURCHASE, CONTRACT FOR AND MAINTAIN ALL EQUIPMENT,
7 MACHINERY, MATERIALS, SERVICES AND SUPPLIES NECESSARY TO
8 CONSTRUCT, OPERATE OR MAINTAIN THE AIRPORT OR THE PROPERTY.
9 (8) MAINTAIN AND OPERATE UTILITY SERVICES SUCH AS WATER,
10 SEWAGE, HEAT, ELECTRIC POWER OR OTHER SERVICES AND PROVIDE
11 THEM TO ANY TENANT OR OTHER PERSON OCCUPYING OR USING ANY OF
12 THE PROPERTY OR FACILITIES COVERED BY THIS SECTION, UNDER
13 SUCH TERMS AND CONDITIONS AND FOR SUCH RENT OR OTHER
14 CONSIDERATION AS THE DEPARTMENT DEEMS PROPER; THE DEPARTMENT
15 SHALL INCUR NO MONETARY LOSS IN THE EXECUTION OF THESE
16 FUNCTIONS.
17 (9) PROVIDE FIRE PROTECTION FOR THE PROPERTY AND
18 FACILITIES IF REQUIRED BY FEDERAL LAW OR REGULATION.
19 (10) PROVIDE POLICE PROTECTION IN ACCORDANCE WITH THE
20 ACT OF MAY 21, 1943 (P.L.469, NO.210), ENTITLED "AN ACT
21 PROVIDING FOR COMMISSIONING AS POLICE OFFICERS CERTAIN
22 EMPLOYES OF INSTITUTIONS MAINTAINED IN WHOLE OR IN PART BY
23 THE COMMONWEALTH; CONFERRING UPON THEM THE POWERS OF
24 CONSTABLES IN CERTAIN CASES; AND IMPOSING DUTIES ON WARDENS
25 AND KEEPERS OF JAILS, POLICE STATIONS AND LOCK-UPS;" AND TO
26 PERFORM ARRESTS AND COLLECT AND RETAIN ALL FINES ARISING FROM
27 INFRACTIONS OF THE LAW INCLUDING, BUT NOT LIMITED TO, VEHICLE
28 PARKING VIOLATIONS
29 (11) EMPLOY SUCH OFFICERS, TECHNICIANS, PROFESSIONAL
30 ASSISTANTS AND OTHER PERSONS AS THE DEPARTMENT DEEMS
19830S0785B2244 - 23 -
1 NECESSARY TO CARRY OUT THIS SECTION.
2 (12) ACQUIRE ADDITIONAL LANDS WITH LEGISLATIVE APPROVAL.
3 (13) COLLECT RENTS, FEES AND OTHER MONEYS DERIVED FROM
4 ANY SOURCE PURSUANT TO ANY PROVISION OF THIS SECTION.
5 (14) ACQUIRE EASEMENTS, LEASES, LICENSES, PERMITS OR
6 OTHER RIGHTS OR INTERESTS NECESSARY FOR THE PROPER
7 ACCOMPLISHMENT OF THE PURPOSES OF THIS SECTION.
8 (B) PROCEDURES.--THE POWERS AND DUTIES GRANTED BY THIS ACT
9 SHALL BE EXERCISED IN ACCORDANCE WITH THE ACT OF APRIL 9, 1929
10 (P.L.177, NO.175), KNOWN AS THE ADMINISTRATIVE CODE OF 1929,
11 WHERE NOT INCONSISTENT WITH THIS CHAPTER.
12 (C) DISPOSITION OF FUNDS.--ALL MONEYS COLLECTED UNDER THIS <--
13 SECTION SHALL BE DEPOSITED IN THE AVIATION RESTRICTED ACCOUNT,
14 AND SHALL BE CREDITED TO THE APPROPRIATION TO THE DEPARTMENT.
15 ALL MONEYS SO CREDITED ARE HEREBY APPROPRIATED TO THE DEPARTMENT
16 TO CARRY OUT THIS SECTION. AFTER JULY 1, 1984, NO MONEYS IN THE
17 AVIATION RESTRICTED ACCOUNT DERIVED FROM AVIATION FUEL EXCISE
18 TAXES SHALL BE USED TO CARRY OUT THIS SECTION, EXCEPT FOR A
19 SHARE OF THE AVIATION RESTRICTED ACCOUNT FOR AVIATION FUEL TAXES
20 FOR AIRPORT CONSTRUCTION AND DEVELOPMENT AS DETERMINED BY THE
21 STATEWIDE REGIONAL APPORTIONMENT FORMULA AND FOR THE PAYMENT OF
22 DEBT SERVICES FOR IMPROVEMENTS MADE BEFORE THAT DATE SO LONG AS
23 THE GENERAL ASSEMBLY APPROVES.
24 § 5904. AIRPORT AUTHORITIES.
25 ANY AIRPORT AUTHORITY, EXCEPT AN AUTHORITY LOCATED WITHIN A
26 COUNTY OF THE FIRST OR SECOND CLASS, IS HEREBY EMPOWERED TO
27 EMPLOY SUCH PERSONS AS ARE NECESSARY TO PROVIDE FOR THE SAFETY
28 AND WELL-BEING OF PERSONS AND PROPERTY AT THE AIRPORT. THE
29 PERSONS WHO ARE SO EMPLOYED SHALL HAVE THE POWER TO ACT IN
30 ACCORDANCE WITH THE PROVISIONS OF TITLE 75 (RELATING TO
19830S0785B2244 - 24 -
1 VEHICLES). THE PERSONS WHO ARE SO EMPLOYED SHALL ALSO BE SUBJECT <--
2 TO THE PROVISIONS OF THE ACT OF JUNE 18, 1974 (P.L.359, NO.120),
3 REFERRED TO AS THE MUNICIPAL POLICE EDUCATION AND TRAINING LAW.
4 ALL FINES FORFEITED, RECOGNIZANCES AND OTHER FINES IMPOSED, LOST
5 OR FORFEITED, SHALL BE PAYABLE TO THE AIRPORT AUTHORITY.
6 § 5905. CERTAIN STATE-OWNED AIRPORT. <--
7 NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY,
8 ALL RIGHT, TITLE AND INTEREST IN THE PROPERTY KNOWN AS MID-STATE
9 AIRPORT LOCATED IN CENTRE COUNTY, CONTAINING 496.68 ACRES, MORE
10 OR LESS, INCLUDING THE PRESENT ACCESS ROAD FROM L.R. 504 TO AND
11 INTO MID-STATE AIRPORT, SHALL BE TRANSFERRED TO AND HELD WITHIN
12 THE JURISDICTION AND CONTROL OF THE DEPARTMENT OF GENERAL
13 SERVICES FOR ALL PURPOSES, AND THE DEPARTMENT OF GENERAL
14 SERVICES SHALL HAVE THE SAME POWERS AND DUTIES WITH RESPECT TO
15 MID-STATE AIRPORT AS IT HAS WITH RESPECT TO OTHER REAL ESTATE
16 UNDER ITS JURISDICTION, WITH THE EXCEPTION THAT THE FACILITIES
17 CURRENTLY OWNED, USED AND OPERATED AT MID-STATE AIRPORT BY THE
18 DEPARTMENT OF ENVIRONMENTAL RESOURCES FOR WILD FIRE ATTACK
19 OPERATIONS AND FULL ACCESS THERETO BY LAND AND BY AIR SHALL
20 REMAIN, WITHOUT CHARGE OF ANY KIND, IN THE DEPARTMENT OF
21 ENVIRONMENTAL RESOURCES, IT BEING INTENDED THAT NOTHING HEREIN
22 SHALL DIMINISH THE ABILITY OF THE DEPARTMENT OF ENVIRONMENTAL
23 RESOURCES TO CONTINUE ITS WILD FIRE AIR ATTACK OPERATIONS AS
24 CONDUCTED AT AND OUT OF MID-STATE AIRPORT PRIOR TO THE EFFECTIVE
25 DATE HEREOF. BECAUSE THIS INVOLVES A TRANSFER OF STATE FOREST
26 AND STATE PARK LANDS, NO FUTURE USE OF MID-STATE AIRPORT SHALL
27 IMPAIR IN ANY WAY THE INTEGRITY OF THE ADJACENT STATE FOREST AND
28 STATE PARK LANDS AND THEIR ECOSYSTEMS. IF AT ANY TIME THE
29 JURISDICTION AND CONTROL OF THE LAND HEREIN TRANSFERRED ENTAILS
30 SIGNIFICANT MAINTENANCE AND OPERATION RESPONSIBILITIES FOR THE
19830S0785B2244 - 25 -
1 DEPARTMENT OF GENERAL SERVICES, THEN AND THEREAFTER THE
2 JURISDICTION AND CONTROL OF THE LAND SHALL BE TRANSFERRED TO THE
3 DEPARTMENT OF TRANSPORTATION.
4 SUBCHAPTER B
5 AIRPORT ZONING
6 SEC.
7 5911. SHORT TITLE OF SUBCHAPTER.
8 5912. POWER TO ADOPT AIRPORT ZONING REGULATIONS.
9 5913. RELATION TO OTHER ZONING REGULATIONS.
10 5914. PROCEDURE FOR ADOPTION OF ZONING REGULATIONS.
11 5915. AIRPORT ZONING REQUIREMENTS.
12 5916. PERMITS AND VARIANCES.
13 5917. ADMINISTRATIVE APPEALS.
14 5818. JUDICIAL REVIEW.
15 5919. NOTICE TO DEPARTMENT.
16 5920. ACQUISITION OF AIR RIGHTS.
17 § 5911. SHORT TITLE OF SUBCHAPTER.
18 THIS SUBCHAPTER SHALL BE KNOWN AND MAY BE CITED AS THE
19 AIRPORT ZONING ACT.
20 § 5912. POWER TO ADOPT AIRPORT ZONING REGULATIONS.
21 (A) GENERAL RULE.--IN ORDER TO PREVENT THE CREATION OR
22 ESTABLISHMENT OF AIRPORT HAZARDS, EVERY MUNICIPALITY HAVING AN
23 AIRPORT HAZARD AREA WITHIN ITS TERRITORIAL LIMITS SHALL ADOPT,
24 ADMINISTER AND ENFORCE UNDER THE POLICE POWER AND IN THE MANNER
25 AND UPON THE CONDITIONS PRESCRIBED IN THIS SUBCHAPTER AND IN
26 APPLICABLE ZONING LAW UNLESS CLEARLY INCONSISTENT WITH THIS
27 SUBCHAPTER, AIRPORT ZONING REGULATIONS FOR SUCH AIRPORT HAZARD
28 AREA. THE REGULATIONS MAY DIVIDE THE AREA INTO ZONES, AND WITHIN
29 THE ZONES SPECIFY THE LAND USES PERMITTED AND REGULATE AND
30 RESTRICT THE HEIGHT TO WHICH STRUCTURES MAY BE ERECTED OR
19830S0785B2244 - 26 -
1 OBJECTS OF NATURAL GROWTH MAY BE ALLOWED TO GROW. A MUNICIPALITY
2 WHICH INCLUDES AN AIRPORT HAZARD AREA CREATED BY THE LOCATION OF
3 A PUBLIC AIRPORT IS REQUIRED TO ADOPT, ADMINISTER AND ENFORCE
4 ZONING ORDINANCES PURSUANT TO THIS SUBCHAPTER IF THE EXISTING
5 COMPREHENSIVE ZONING ORDINANCE FOR THE MUNICIPALITY DOES NOT
6 PROVIDE FOR THE LAND USES PERMITTED AND REGULATE AND RESTRICT
7 THE HEIGHT TO WHICH STRUCTURES MAY BE ERECTED OR OBJECTS OF
8 NATURAL GROWTH MAY BE ALLOWED TO GROW IN AN AIRPORT HAZARD AREA.
9 (B) JOINT AIRPORT ZONING BOARD.--WHERE ANY AIRPORT HAZARD
10 AREA APPERTAINING TO AN AIRPORT IS LOCATED OUTSIDE THE
11 TERRITORIAL LIMITS OF THE MUNICIPALITY ENCOMPASSING THE AIRPORT,
12 ALL OF THE MUNICIPALITIES INVOLVED MAY, BY ORDINANCE OR
13 RESOLUTION, CREATE A JOINT AIRPORT ZONING BOARD WHICH SHALL HAVE
14 THE SAME POWER TO ADOPT, ADMINISTER AND ENFORCE AIRPORT ZONING
15 REGULATIONS APPLICABLE TO THE AIRPORT HAZARD AREA IN QUESTION AS
16 THAT VESTED BY SUBSECTION (A) IN THE MUNICIPALITY WITHIN WHICH
17 THE AREA IS LOCATED. EACH JOINT AIRPORT ZONING BOARD SHALL HAVE
18 AS MEMBERS TWO REPRESENTATIVES APPOINTED BY EACH MUNICIPALITY
19 PARTICIPATING IN ITS CREATION AND, IN ADDITION, A CHAIRMAN
20 ELECTED BY A MAJORITY OF THE MEMBERS SO APPOINTED.
21 (C) DEFINITION.--AS USED IN THIS SECTION THE WORD "AIRPORT"
22 DOES NOT INCLUDE FACILITIES DESIGNATED AS HELIPORTS AND WHICH
23 CAN BE USED ONLY BY ROTARY WING AIRCRAFT, NOR AIRPORTS WHICH ARE
24 PRIVATE AIRPORTS.
25 § 5913. RELATION TO OTHER ZONING REGULATIONS.
26 (A) INCORPORATION.--IN THE EVENT THAT A MUNICIPALITY HAS
27 ADOPTED OR HEREAFTER ADOPTS A COMPREHENSIVE ZONING ORDINANCE
28 REGULATING, AMONG OTHER THINGS, THE HEIGHT OF BUILDINGS, ANY
29 AIRPORT ZONING REGULATIONS APPLICABLE TO THE SAME AREA OR
30 PORTION THEREOF MAY BE INCORPORATED IN AND MADE A PART OF THE
19830S0785B2244 - 27 -
1 COMPREHENSIVE ZONING REGULATIONS AND BE ADMINISTERED AND
2 ENFORCED IN CONNECTION THEREWITH.
3 (B) CONFLICT.--IN THE EVENT OF CONFLICT BETWEEN ANY AIRPORT
4 ZONING REGULATIONS ADOPTED UNDER THIS SUBCHAPTER AND ANY OTHER
5 REGULATIONS APPLICABLE TO THE SAME AREA, WHETHER THE CONFLICT BE
6 WITH RESPECT TO THE HEIGHT OF STRUCTURES OR TREES, THE USE OF
7 LAND OR ANY OTHER MATTER, AND WHETHER THE OTHER REGULATIONS WERE
8 ADOPTED BY THE MUNICIPALITY WHICH ADOPTED THE AIRPORT ZONING
9 REGULATIONS OR BY SOME OTHER MUNICIPALITY UNDER THIS SUBCHAPTER
10 OR OTHERWISE, THE MORE STRINGENT LIMITATION OR REQUIREMENT SHALL
11 PREVAIL.
12 § 5914. PROCEDURE FOR ADOPTION OF ZONING REGULATIONS.
13 (A) NOTICE AND HEARING.--NO AIRPORT ZONING REGULATIONS SHALL
14 BE ADOPTED, AMENDED OR CHANGED EXCEPT BY ACTION OF THE
15 MUNICIPALITY OR THE JOINT AIRPORT ZONING BOARD AFTER A PUBLIC
16 HEARING IN RELATION THERETO AT WHICH PARTIES IN INTEREST AND
17 CITIZENS SHALL HAVE AN OPPORTUNITY TO BE HEARD. THE NOTICE SHALL
18 BE PUBLISHED ONCE EACH WEEK FOR TWO SUCCESSIVE WEEKS IN A
19 NEWSPAPER OF GENERAL CIRCULATION IN THE MUNICIPALITY OR
20 MUNICIPALITIES AFFECTED. THE NOTICE SHALL STATE THE TIME AND
21 PLACE OF THE HEARING AND THE PARTICULAR NATURE OF THE MATTER TO
22 BE CONSIDERED AT THE HEARING. THE FIRST PUBLICATION SHALL NOT BE
23 MORE THAN 30 DAYS OR LESS THAN 14 DAYS FROM THE DATE OF THE
24 HEARING.
25 (B) AIRPORT ZONING PLANNING AGENCY.--PRIOR TO THE INITIAL
26 ZONING OF ANY AIRPORT HAZARD AREA, THE MUNICIPALITY OR JOINT
27 AIRPORT ZONING BOARD WHICH IS TO ADOPT THE REGULATIONS SHALL
28 APPOINT A PLANNING AGENCY TO BE KNOWN AS THE AIRPORT ZONING
29 PLANNING AGENCY TO RECOMMEND THE BOUNDARIES OF THE VARIOUS ZONES
30 TO BE ESTABLISHED AND THE REGULATIONS TO BE ADOPTED THEREFORE.
19830S0785B2244 - 28 -
1 THE PLANNING AGENCY SHALL MAKE A PRELIMINARY REPORT AND, AFTER
2 NOTICE GIVEN IN THE SAME MANNER AS IS PROVIDED IN SUBSECTION
3 (A), SHALL HOLD PUBLIC HEARINGS THEREON BEFORE SUBMITTING ITS
4 FINAL REPORT. THE MUNICIPALITY OR THE JOINT AIRPORT ZONING BOARD
5 SHALL NOT HOLD ITS PUBLIC HEARINGS OR TAKE OTHER ACTION UNTIL IT
6 HAS RECEIVED THE FINAL REPORT OF THE PLANNING AGENCY. WHERE A
7 PLANNING AGENCY ALREADY EXISTS IT MAY BE APPOINTED AS THE
8 AIRPORT ZONING PLANNING AGENCY.
9 § 5915. AIRPORT ZONING REQUIREMENTS.
10 (A) REASONABLENESS.--ALL AIRPORT ZONING REGULATIONS ADOPTED
11 UNDER THIS SUBCHAPTER SHALL BE REASONABLE; NONE SHALL IMPOSE ANY
12 REQUIREMENT OR RESTRICTION UNLESS IT IS REASONABLY NECESSARY TO
13 EFFECTUATE THE PURPOSE OF THIS SUBCHAPTER. IN DETERMINING WHAT
14 REGULATIONS IT MAY ADOPT, EACH MUNICIPALITY AND JOINT AIRPORT
15 ZONING BOARD SHALL CONSIDER AMONG OTHER FACTORS THE CHARACTER OF
16 THE FLYING OPERATIONS EXPECTED TO BE CONDUCTED AT THE AIRPORT,
17 THE NATURE OF THE TERRAIN WITHIN THE AIRPORT HAZARD AREA, THE
18 CHARACTER OF THE NEIGHBORHOOD AND THE USES TO WHICH THE PROPERTY
19 TO BE ZONED IS PUT AND ADAPTABLE.
20 (B) NONCONFORMING USES.--NO AIRPORT ZONING REGULATIONS
21 ADOPTED UNDER THIS SUBCHAPTER MAY REQUIRE THE REMOVAL, LOWERING
22 OR OTHER CHANGE OR ALTERATION OF ANY STRUCTURE OR ANY OBJECT OF
23 NATURAL GROWTH NOT CONFORMING TO THE REGULATIONS WHEN ADOPTED OR
24 AMENDED OR OTHERWISE INTERFERE WITH THE CONTINUANCE OF ANY
25 NONCONFORMING USE, EXCEPT AS PROVIDED IN SECTION 5916 (RELATING
26 TO PERMITS AND VARIANCES).
27 (C) MODEL ORDINANCE.--A MUNICIPALITY SHALL ADOPT, EITHER IN
28 FULL OR BY REFERENCE, ANY PROVISION OF ANY MODEL ZONING
29 ORDINANCE OR OTHER SIMILAR GUIDELINES SUGGESTED OR PUBLISHED BY
30 THE FEDERAL AVIATION ADMINISTRATION OF THE UNITED STATES
19830S0785B2244 - 29 -
1 DEPARTMENT OF TRANSPORTATION REGARDING AIRPORT HAZARD AREAS.
2 § 5916. PERMITS AND VARIANCES.
3 (A) PERMIT.--ANY AIRPORT ZONING REGULATIONS SHALL REQUIRE
4 THAT A PERMIT BE OBTAINED BEFORE ANY NEW USE OR STRUCTURE MAY BE
5 ESTABLISHED OR CONSTRUCTED AND BEFORE ANY EXISTING USE OR
6 STRUCTURE MAY BE SUBSTANTIALLY CHANGED, BUT NO PERMIT MAY BE
7 REQUIRED TO MAKE MAINTENANCE REPAIRS TO OR TO REPLACE PARTS OF
8 EXISTING STRUCTURES WHICH DO NOT ENLARGE OR INCREASE THE HEIGHT
9 OF AN EXISTING STRUCTURE. HOWEVER, ALL REGULATIONS SHALL PROVIDE
10 THAT BEFORE ANY NONCONFORMING STRUCTURE MAY BE REPLACED,
11 SUBSTANTIALLY ALTERED OR REBUILT OR TREE ALLOWED TO GROW HIGHER
12 OR REPLANTED, A PERMIT MUST BE SECURED FROM THE MUNICIPALITY
13 AUTHORIZING THE REPLACEMENT OR CHANGE. APPLICATIONS FOR PERMITS
14 SHALL ONLY BE GRANTED UNLESS TO DO SO WOULD ALLOW THE
15 ESTABLISHMENT OR CREATION OF AN AIRPORT HAZARD OR PERMIT A
16 NONCONFORMING STRUCTURE OR OBJECT OF NATURAL GROWTH OR
17 NONCONFORMING USE TO BE MADE OR BECOME HIGHER OR BECOME A
18 GREATER HAZARD TO AIR NAVIGATION THAN IT WAS WHEN THE APPLICABLE
19 REGULATION WAS ADOPTED, OR THAN IT IS WHEN THE APPLICATION FOR A
20 PERMIT IS MADE.
21 (B) VARIANCE.--ANY PERSON DESIRING TO ERECT ANY STRUCTURE OR
22 INCREASE THE HEIGHT OF ANY STRUCTURE OR PERMIT THE GROWTH OF ANY
23 OBJECT OF NATURAL GROWTH OR OTHERWISE USE HIS PROPERTY IN
24 VIOLATION OF AIRPORT ZONING REGULATIONS MAY APPLY TO THE BOARD
25 FOR A VARIANCE FROM THE ZONING REGULATIONS IN QUESTION. A
26 VARIANCE SHALL ONLY BE GRANTED AFTER THE REQUIREMENTS OF SECTION
27 5919 (RELATING TO NOTICE TO DEPARTMENT) ARE SATISFIED. A
28 VARIANCE MAY BE ALLOWED WHERE A LITERAL APPLICATION OR
29 ENFORCEMENT OF THE REGULATIONS WOULD RESULT IN PRACTICAL
30 DIFFICULTY OR UNNECESSARY HARDSHIP AND THE RELIEF GRANTED WOULD
19830S0785B2244 - 30 -
1 NOT BE CONTRARY TO THE PUBLIC INTEREST BUT WOULD DO SUBSTANTIAL
2 JUSTICE AND WOULD BE IN ACCORDANCE WITH THE SPIRIT OF THE
3 REGULATIONS AND THIS SUBCHAPTER. ANY VARIANCE MAY BE GRANTED
4 SUBJECT TO ANY REASONABLE CONDITIONS THAT THE BOARD MAY DEEM
5 NECESSARY TO EFFECTUATE THE PURPOSES OF THIS SUBCHAPTER.
6 (C) HAZARD MARKING AND LIGHTING.--IN GRANTING ANY PERMIT OR
7 VARIANCE UNDER THIS SECTION THE BOARD SHALL, IF IT DEEMS THE
8 ACTION ADVISABLE TO EFFECTUATE THE PURPOSE OF THIS SUBCHAPTER
9 AND REASONABLE IN THE CIRCUMSTANCES, SO CONDITION THE PERMIT OR
10 VARIANCE AS TO REQUIRE THE OWNER OF THE STRUCTURE OR OBJECT OF
11 NATURAL GROWTH IN QUESTION TO PERMIT THE MUNICIPALITY AT ITS OWN
12 EXPENSE OR REQUIRE THE PERSON OR PERSONS REQUESTING THE PERMIT
13 OR VARIANCE TO INSTALL, OPERATE AND MAINTAIN THEREON SUCH
14 MARKERS AND LIGHTS AS MAY BE REQUIRED BY GUIDELINES OR
15 REGULATIONS ADOPTED BY THE FEDERAL AVIATION ADMINISTRATION OF
16 THE UNITED STATES DEPARTMENT OF TRANSPORTATION.
17 § 5917. ADMINISTRATIVE APPEALS.
18 (A) RIGHT OF APPEAL.--ANY PERSON AGGRIEVED OR TAXPAYER
19 AFFECTED BY ANY DECISION OF THE MUNICIPALITY OR JOINT ZONING
20 HEARING BOARD MAY APPEAL TO THE BOARD AS PROVIDED BY LAW.
21 (B) STAY OF PROCEEDINGS.--AN APPEAL SHALL STAY ALL
22 PROCEEDINGS IN FURTHERANCE OF THE ACTION APPEALED FROM UNLESS
23 THE MUNICIPALITY OR JOINT ZONING HEARING BOARD CERTIFIES TO THE
24 BOARD AFTER THE NOTICE OF APPEAL HAS BEEN FILED WITH IT THAT, BY
25 REASON OF THE FACTS STATED IN THE CERTIFICATE, A STAY WOULD IN
26 ITS OPINION CAUSE IMMINENT PERIL TO LIFE OR PROPERTY. IN SUCH
27 CASES PROCEEDINGS SHALL NOT BE STAYED OTHERWISE THAN BY ORDER OF
28 THE BOARD OR NOTICE TO THE MUNICIPALITY OR JOINT ZONING APPEAL
29 BOARD.
30 (C) BOARD OF APPEALS.--ALL AIRPORT ZONING REGULATIONS SHALL
19830S0785B2244 - 31 -
1 PROVIDE FOR A BOARD TO HEAR AND DECIDE APPEALS, SPECIAL
2 EXCEPTIONS AND REQUESTS FOR VARIANCES. WHERE A ZONING BOARD OF
3 APPEALS OR ADJUSTMENT ALREADY EXISTS IT MAY BE APPOINTED AS THE
4 BOARD. OTHERWISE THE BOARD SHALL CONSIST OF FIVE MEMBERS EACH TO
5 BE APPOINTED FOR A TERM OF THREE YEARS BY THE AUTHORITY ADOPTING
6 THE REGULATIONS AND TO BE REMOVABLE BY THE APPOINTING AUTHORITY,
7 FOR CAUSE, UPON WRITTEN CHARGES AND AFTER PUBLIC HEARING.
8 § 5918. JUDICIAL REVIEW.
9 ANY PERSON AGGRIEVED OR TAXPAYER AFFECTED BY ANY DECISION OF
10 A BOARD MAY APPEAL TO THE COURT OF COMMON PLEAS AS PROVIDED BY
11 LAW. IN CASES WHERE APPLICABLE LAW DOES NOT PROVIDE AN APPEAL
12 FROM A MUNICIPALITY TO A BOARD, A PERSON OR TAXPAYER MAY APPEAL
13 FROM A DECISION OF A MUNICIPALITY OR JOINT AIRPORT ZONING BOARD,
14 AS PROVIDED BY LAW FOR SIMILAR ZONING PROCEEDINGS.
15 § 5919. NOTICE TO DEPARTMENT.
16 NOTWITHSTANDING ANY OTHER PROVISION OF LAW, A MUNICIPALITY OR
17 BOARD WHICH DECIDES TO GRANT A PERMIT OR VARIANCE UNDER THIS
18 SUBCHAPTER, SHALL NOTIFY THE DEPARTMENT OF ITS DECISION. THIS
19 NOTICE SHALL BE IN WRITING AND SHALL BE SENT SO AS TO REACH THE
20 DEPARTMENT AT LEAST TEN DAYS BEFORE THE DATE UPON WHICH THE
21 DECISION IS TO ISSUE. NOTHING IN THIS SECTION SHALL BE CONSTRUED
22 AS IMPAIRING THE RIGHTS OF ANY PERSON UNDER SECTION 5918
23 (RELATING TO JUDICIAL REVIEW).
24 § 5920. ACQUISITION OF AIR RIGHTS.
25 IN ANY CASE IN WHICH IT IS DESIRED TO REMOVE, LOWER OR
26 OTHERWISE TERMINATE A NONCONFORMING STRUCTURE OR USE, OR THE
27 APPROACH PROTECTION NECESSARY CANNOT, BECAUSE OF CONSTITUTIONAL
28 LIMITATIONS, BE PROVIDED BY AIRPORT ZONING REGULATIONS, OR IT
29 APPEARS ADVISABLE THAT THE NECESSARY APPROACH PROTECTION BE
30 PROVIDED BY ACQUISITION OF PROPERTY RIGHTS, RATHER THAN BY
19830S0785B2244 - 32 -
1 AIRPORT ZONING REGULATIONS, THE MUNICIPALITY WITHIN WHICH THE
2 PROPERTY OR NONCONFORMING USE IS LOCATED, OR THE MUNICIPALITY OR
3 MUNICIPAL AUTHORITY OWNING THE AIRPORT OR SERVED BY IT, MAY
4 ACQUIRE BY PURCHASE, GRANT OR CONDEMNATION, IN THE MANNER
5 PROVIDED BY THE LAW UNDER WHICH MUNICIPALITIES ARE AUTHORIZED TO
6 ACQUIRE REAL PROPERTY FOR PUBLIC PURPOSES, SUCH AIR RIGHT,
7 AVIATION EASEMENT OR OTHER ESTATE OR INTEREST IN THE PROPERTY OR
8 NONCONFORMING STRUCTURE OR USE IN QUESTION AS MAY BE NECESSARY
9 TO EFFECTUATE THE PURPOSE OF THIS SUBCHAPTER. IN THE CASE OF THE
10 PURCHASE OF ANY PROPERTY OR ANY EASEMENT OR ESTATE, OR INTEREST
11 THEREIN, OR THE ACQUISITION THEREOF BY THE POWER OF EMINENT
12 DOMAIN, THE MUNICIPALITY MAKING THE PURCHASE OR EXERCISING THE
13 POWER SHALL, IN ADDITION TO THE DAMAGES FOR THE TAKING, INJURY
14 OR DESTRUCTION OF PROPERTY, ALSO PAY THE COST OF THE REMOVAL AND
15 RELOCATION OF ANY STRUCTURE OR ANY PUBLIC UTILITY, WHICH IS
16 REQUIRED TO BE MOVED TO A NEW LOCATION.
17 CHAPTER 61
18 AVIATION DEVELOPMENT
19 SUBCHAPTER
20 A. PRELIMINARY PROVISIONS
21 B. REIMBURSEMENT OF LOCAL REAL ESTATE TAXES FOR PUBLIC
22 AIRPORTS
23 C. AVIATION DEVELOPMENT LOAN PROGRAM
24 D. BOND ISSUANCE
25 SUBCHAPTER A
26 PRELIMINARY PROVISIONS
27 SEC.
28 6101. SHORT TITLE OF CHAPTER.
29 6102. ADMINISTRATION OF CHAPTER.
30 6103. SERVICE FEES.
19830S0785B2244 - 33 -
1 6104. CONSTRUCTION OF CHAPTER.
2 § 6101. SHORT TITLE OF CHAPTER.
3 THIS CHAPTER SHALL BE KNOWN AND MAY BE CITED AS THE AVIATION
4 DEVELOPMENT ACT.
5 § 6102. ADMINISTRATION OF CHAPTER.
6 THE DEPARTMENT SHALL, IN THE MANNER PROVIDED BY LAW,
7 PROMULGATE THE RULES AND REGULATIONS NECESSARY TO CARRY OUT THIS
8 CHAPTER AND THE DEPARTMENT SHALL ADMINISTER THIS CHAPTER IN
9 RELATION TO THE CONDUCT AND OPERATION OF STATE AVIATION
10 PROGRAMS.
11 § 6103. SERVICE FEES.
12 (A) GENERAL RULE.--THE DEPARTMENT MAY BY REGULATION
13 ESTABLISH APPROPRIATE FEES FOR AVIATION SERVICES INCLUDING:
14 (1) CRASH FIRE RESCUE TRAINING.
15 (2) LANDING AREA SITE INSPECTIONS.
16 (3) ISSUANCE OF PRIVATE AIRPORT LICENSES.
17 (4) SPECIAL AVIATION LICENSE BOARD MEETINGS.
18 (B) RECOUPMENT OF CERTAIN COSTS.--THE DEPARTMENT MAY RECOUP
19 ANY COSTS INCURRED IN THE PLACEMENT OF APPROPRIATE RUNWAY
20 MARKINGS ON AIRPORT RUNWAYS AND HIGHWAY DIRECTIONAL SIGNS TO
21 AIRPORTS. THE COSTS OF HIGHWAY DIRECTION SIGNS SHALL BE RECOUPED
22 FROM THE AVIATION RESTRICTED ACCOUNT.
23 (C) PROHIBITION.--THE DEPARTMENT MAY NOT IMPOSE OR COLLECT A
24 FEE FOR THE PRIVILEGE OF LANDING AIRCRAFT AT STATE-OWNED
25 AIRPORTS ON PERSONS ENGAGED IN FLIGHT INSTRUCTION OR ON
26 NONCOMMERCIAL FLIGHT OPERATIONS.
27 § 6104. CONSTRUCTION OF CHAPTER.
28 (A) FEDERAL PROGRAMS UNAFFECTED.--NOTHING IN THIS CHAPTER
29 SHALL BE CONSTRUED TO AFFECT OR IMPAIR THE DISTRIBUTION OR USE
30 OF ANY FEDERAL AVIATION MONEYS ALLOCATED PURSUANT TO FEDERAL
19830S0785B2244 - 34 -
1 AVIATION ASSISTANCE PROGRAMS.
2 (B) ALLEVIATION OF UNEMPLOYMENT.--IT IS THE DECLARED POLICY
3 OF THIS COMMONWEALTH THAT THE MONEY RAISED BY THE TAX IMPOSED BY
4 THIS CHAPTER BE USED, TO THE GREATEST EXTENT POSSIBLE, TO CREATE
5 JOBS AND TO REHIRE THE UNEMPLOYED IN THIS COMMONWEALTH. IN ORDER
6 TO REACH THIS GOAL, FIRMS WITH FACILITIES BASED IN THIS
7 COMMONWEALTH SHALL BE ACTIVELY SOLICITED TO MAKE BIDS ON
8 CONTRACTS TO FURNISH PRODUCTS AND MATERIALS INCLUDING, BUT NOT
9 LIMITED TO, STEEL AND STEEL PRODUCTS, TO BE USED IN THE PROJECTS
10 FUNDED THROUGH THIS CHAPTER.
11 SUBCHAPTER B
12 REIMBURSEMENT OF LOCAL REAL ESTATE TAXES
13 FOR PUBLIC AIRPORTS
14 SEC.
15 6121. TAX ON AVIATION FUELS.
16 6122. LOCAL REAL ESTATE TAX REIMBURSEMENT PORTION OF <--
17 AVIATION RESTRICTED ACCOUNT.
18 6123 6122. ALLOCATION OF FUNDS. <--
19 6124 6123. DENIAL OF REIMBURSEMENT. <--
20 6125 6124. AGREEMENT OF MAINTENANCE. <--
21 6126. FUNDING OF AVIATION PROGRAMS. <--
22 § 6121. TAX ON AVIATION FUELS.
23 (A) IMPOSITION.--THERE IS HEREBY IMPOSED EFFECTIVE JANUARY <--
24 JULY 1, 1984 AN ADDITIONAL STATE TAX OF 1.5¢ PER GALLON, OR
25 FRACTIONAL PART THEREOF, OF ALL FUELS USED OR SOLD AND DELIVERED
26 BY DISTRIBUTORS, OR USED BY DEALER-USERS, WITHIN THIS <--
27 COMMONWEALTH FOR USE AS FUEL IN PROPELLER-DRIVEN PISTON AIRCRAFT
28 OR AIRCRAFT ENGINES AS PROVIDED FOR IN THE ACT OF MAY 21, 1931
29 (P.L.149, NO.105), KNOWN AS THE LIQUID FUELS TAX ACT, AND THE <--
30 ACT OF JANUARY 14, 1952 (1951 P.L.1965, NO.550), KNOWN AS THE
19830S0785B2244 - 35 -
1 FUEL USE TAX ACT.
2 (B) ANNUAL ADJUSTMENT.--BEGINNING ON JANUARY 1, 1985, AND <--
3 EACH JANUARY 1 THEREAFTER, THE TAX IMPOSED UNDER THIS SECTION
4 SHALL BE ADJUSTED ANNUALLY AND SHALL BE SET FOR THAT CALENDAR
5 YEAR. THE ADJUSTMENT SHALL BE BASED UPON THE AVERAGE PERCENTAGE <--
6 CHANGE OF THE PRODUCER PRICE INDEX FOR JET FUEL, AS DETERMINED
7 BY THE BUREAU OF LABOR STATISTICS FOR THE UNITED STATES
8 DEPARTMENT OF LABOR FOR THE PRECEDING 12-MONTH PERIOD MOST <--
9 RECENT 12-MONTH PERIOD AVAILABLE AS OF THE IMMEDIATELY PRECEDING
10 NOVEMBER 1. FOR EVERY TEN POINT PERCENT INCREASE OR DECREASE IN <--
11 THE PRODUCER PRICE INDEX, THERE SHALL BE A 0.1¢ PER GALLON, OR
12 FRACTIONAL PART THEREOF, INCREASE OR DECREASE IN THE RATE OF
13 TAX. THE RATE OF TAX SHALL BE DETERMINED BY THE SECRETARY OF
14 REVENUE, WHO SHALL CAUSE NOTICE THEREOF TO BE PUBLISHED SUCH <--
15 RATE TO BE PUBLISHED AS A NOTICE PURSUANT TO 45 PA.C.S. §
16 725(A)(3) (RELATING TO ADDITIONAL CONTENTS OF PENNSYLVANIA
17 BULLETIN) IN THE PENNSYLVANIA BULLETIN ON OR BEFORE APRIL 1 <--
18 DECEMBER 15 OF EACH YEAR. THE TAX, AS ADJUSTED, SHALL NEVER
19 EXCEED 6¢ PER GALLON, OR FRACTIONAL PART THEREOF, NOR SHALL IT
20 BE LESS THAN 3¢ PER GALLON, OR FRACTIONAL PART THEREOF.
21 (C) CONSTRUCTION OF SECTION.--THIS SECTION SHALL BE
22 CONSTRUED IN CONJUNCTION WITH THE LIQUID FUELS TAX ACT AND THE <--
23 FUEL USE TAX ACT WHICH SHALL APPLY TO THE COLLECTION,
24 ADMINISTRATION AND ENFORCEMENT OF THE TAX IMPOSED UNDER THIS
25 SECTION.
26 § 6122. LOCAL REAL ESTATE TAX REIMBURSEMENT PORTION OF <--
27 AVIATION RESTRICTED ACCOUNT.
28 (A) ESTABLISHMENT.--A PORTION OF THE ACCOUNT ESTABLISHED
29 PURSUANT TO SECTION 5103 (RELATING TO AVIATION RESTRICTED
30 ACCOUNT) SHALL BE RESERVED SOLELY FOR LOCAL REAL ESTATE TAX
19830S0785B2244 - 36 -
1 REIMBURSEMENT FOR PUBLIC AIRPORTS. THIS PORTION OF THE ACCOUNT
2 SHALL BE MAINTAINED BY THE STATE TREASURER AND SHALL BE
3 ADMINISTERED BY THE DEPARTMENT.
4 (B) DEPOSITS.--THE STATE TREASURER SHALL DEPOSIT ALL MONEYS
5 COLLECTED, PURSUANT TO SECTION 6121 (RELATING TO TAX ON AVIATION
6 FUELS), IN THE TAX REBATE PORTION OF THE AVIATION RESTRICTED
7 ACCOUNT.
8 (C) NOTICE OF CURRENT BALANCE.--ON OR BEFORE FEBRUARY 1 OF
9 EACH YEAR, THE STATE TREASURER SHALL NOTIFY THE DEPARTMENT OF
10 THE MONEYS COLLECTED AND DEPOSITED IN THAT PORTION OF THE
11 AVIATION RESTRICTED ACCOUNT RESERVED SOLELY FOR LOCAL REAL
12 ESTATE TAX REIMBURSEMENTS FOR THE PRECEDING CALENDAR YEAR. THE
13 NOTIFICATION SHALL INCLUDE ANY MONEYS GAINED THROUGH THE STATE
14 TREASURER'S INVESTMENT OF REVENUES.
15 § 6123 6122. ALLOCATION OF FUNDS. <--
16 (A) GRANTS.--EACH YEAR THE OWNER OF A PUBLIC AIRPORT SHALL
17 BE ELIGIBLE FOR A GRANT FROM THE LOCAL REAL ESTATE TAX
18 REIMBURSEMENT PORTION OF THE AVIATION RESTRICTED ACCOUNT. EXCEPT
19 AS OTHERWISE PROVIDED IN SUBSECTION (D), THE GRANT SHALL BE
20 EQUAL TO THE AMOUNT OF LOCAL REAL ESTATE TAX PAID ON THOSE
21 PORTIONS OF AN AIRPORT WHICH ARE AVIATION-RELATED AREAS.
22 (B) APPLICATION FORM.--THE OWNER OF A PUBLIC AIRPORT SHALL
23 APPLY FOR THE GRANT PROVIDED FOR IN THIS SECTION IN THE MANNER
24 AND ON THE FORMS AS PRESCRIBED BY THE DEPARTMENT.
25 (C) NOTICE TO STATE TREASURER.--THE DEPARTMENT, FOLLOWING
26 ITS REVIEW OF EACH APPLICATION FOR A GRANT, SHALL NOTIFY THE
27 STATE TREASURER OF EACH APPLICANT WHO QUALIFIES THEREFOR AND THE
28 AMOUNT OF THE GRANT TO WHICH EACH APPLICANT IS ELIGIBLE. WITHIN
29 30 DAYS OF RECEIVING THE NOTIFICATION, THE STATE TREASURER SHALL
30 ISSUE THE GRANT TO THE QUALIFYING APPLICANT.
19830S0785B2244 - 37 -
1 (D) LIMIT ON GRANT.--THE TOTAL GRANT OF MONEYS IN ANY ONE
2 YEAR SHALL NOT EXCEED A SUM EQUAL TO THE MONEYS COLLECTED ON THE
3 SALE OF FUELS SOLD FOR USE IN PROPELLER-DRIVEN PISTON AIRCRAFT <--
4 OR AIRCRAFT ENGINES FOR THE PREVIOUS YEAR, PLUS ANY INCOME
5 EARNED ON THE FUND. IN THE EVENT THAT THERE ARE INSUFFICIENT
6 FUNDS IN THE FUND TO MEET THE TOTAL ANNUAL GRANTS PROVIDED FOR
7 UNDER THIS SECTION, THE DEPARTMENT SHALL MAKE SUCH GRANTS ON A
8 PRO RATA BASIS. IN THE EVENT THAT THERE ARE SURPLUS FUNDS IN THE
9 FUND WITH WHICH TO MEET THE TOTAL ANNUAL GRANTS PROVIDED FOR
10 UNDER THIS SECTION, THE DEPARTMENT MAY MAKE ADDITIONAL GRANTS TO
11 PUBLIC AIRPORT OWNERS, WHICH SHALL BE USED FOR AIRPORT
12 DEVELOPMENT PURPOSES.
13 (E) ADMINISTRATIVE COSTS.--THE COSTS OF ADMINISTERING THE
14 GRANT PROGRAM UNDER THIS SECTION SHALL BE PAID OUT OF THE
15 REVENUES COLLECTED UNDER THIS SUBCHAPTER DESCRIBED IN SECTION <--
16 5103(C) (RELATING TO AVIATION RESTRICTED ACCOUNT). THE COSTS OF
17 ADMINISTERING THIS PROGRAM SHALL NOT EXCEED 10% OF THE REVENUE <--
18 COLLECTED UNDER THIS SECTION SUCH REVENUES COLLECTED FOR THAT
19 YEAR.
20 § 6124 6123. DENIAL OF REIMBURSEMENT. <--
21 ANY APPLICANT FOUND NOT ELIGIBLE FOR A GRANT, OR FOR ANY
22 PORTION THEREOF, SHALL RECEIVE WRITTEN NOTICE THAT HIS
23 APPLICATION HAS BEEN DENIED AND THE REASON FOR THE DENIAL.
24 § 6125 6124. AGREEMENT OF MAINTENANCE. <--
25 (A) TERMS.--PRIOR TO APPLYING FOR AN APPROPRIATION UNDER
26 SECTION 6123 6122 (RELATING TO ALLOCATION OF FUNDS), EVERY <--
27 PUBLIC AIRPORT OWNER SHALL ENTER INTO AN AGREEMENT WITH THE
28 DEPARTMENT. THIS AGREEMENT SHALL SPECIFY THAT THE OWNER SHALL
29 CONTINUE TO MAINTAIN THE PROPERTY FOR WHICH THE GRANT WILL BE
30 SOUGHT AS AN AIRPORT, AT LEAST EQUAL IN SIZE AND CAPACITY TO ITS
19830S0785B2244 - 38 -
1 SIZE AND CAPACITY AS OF THE OWNER'S INITIAL GRANT APPLICATION
2 FOR A PERIOD OF NOT LESS THAN TEN YEARS.
3 (B) COVENANT.--THE AGREEMENT SPECIFIED UNDER THIS SECTION
4 SHALL BE A COVENANT WHICH RUNS WITH THE LAND AND, UPON THE
5 ACCEPTANCE OF ANY GRANT, THE COVENANT SHALL BE DEEMED EXTENDED
6 FOR ONE ADDITIONAL YEAR.
7 (C) VIOLATION.--ANY VIOLATION OF THE AGREEMENT SHALL MAKE
8 THE OWNER LIABLE FOR THE REPAYMENT OF THE TOTAL APPROPRIATION
9 FOR THAT YEAR PLUS A PENALTY OF TWO TIMES THE GRANT. IN ANY
10 ACTION WHEREIN THE OWNER IS FOUND TO HAVE VIOLATED THE
11 AGREEMENT, THE DEPARTMENT SHALL RECEIVE ALL COSTS OF
12 PROSECUTION.
13 § 6126. FUNDING OF AVIATION PROGRAMS. <--
14 NOTHING IN THIS CHAPTER SHALL BE CONSTRUED TO AFFECT OR
15 REPEAL ANY APPROPRIATION MADE FOR THE CURRENT FISCAL YEAR FOR
16 EXISTING AVIATION PROGRAMS AND THE APPROPRIATIONS MADE FOR THESE
17 PROGRAMS SHALL CONTINUE AT CURRENT LEVELS FOR THE REMAINDER OF
18 THE 1983-1984 FISCAL YEAR.
19 SUBCHAPTER C <--
20 JET FUELS TAX
21 SEC.
22 6131. TAX ON JET FUELS.
23 § 6131. TAX ON JET FUELS.
24 (A) IMPOSITION.--THERE IS HEREBY IMPOSED, EFFECTIVE JULY 1,
25 1984, A STATE TAX OF 1.1¢ PER GALLON, OR FRACTIONAL PART
26 THEREOF, ON ALL FUELS USED OR SOLD AND DELIVERED BY DISTRIBUTORS
27 WITHIN THIS COMMONWEALTH FOR USE AS FUEL IN TURBINE-PROPELLER
28 JET, TURBOJET AND JET-DRIVEN AIRCRAFT AND AIRCRAFT ENGINES. THE
29 TAX SHALL BE INCREASED BY 0.2¢ PER GALLON, OR FRACTIONAL PART
30 THEREOF, EFFECTIVE JANUARY 1, 1985, AND BY 0.2¢ PER GALLON, OR
19830S0785B2244 - 39 -
1 FRACTIONAL PART THEREOF, EFFECTIVE JULY 1, 1985. DISTRIBUTORS
2 SHALL BE LIABLE TO THE COMMONWEALTH FOR THE COLLECTION AND
3 PAYMENT OF THE TAX IMPOSED BY THIS SECTION. THE TAX SHALL BE
4 COLLECTED BY THE DISTRIBUTOR AND SHALL BE PAID TO THE
5 COMMONWEALTH ONLY ONCE WITH RESPECT TO ANY FUELS.
6 (B) ANNUAL ADJUSTMENT.--BEGINNING ON JANUARY 1, 1986, AND
7 EACH JANUARY 1 THEREAFTER, THE TAX IMPOSED UNDER THIS SECTION
8 SHALL BE ADJUSTED ANNUALLY AND SHALL BE SET FOR THAT CALENDAR
9 YEAR. THE ADJUSTMENT SHALL BE BASED UPON THE PERCENTAGE CHANGE
10 OF THE PRODUCER PRICE INDEX FOR JET FUEL, AS DETERMINED BY THE
11 BUREAU OF LABOR STATISTICS FOR THE UNITED STATES DEPARTMENT OF
12 LABOR, FOR THE MOST RECENT 12-MONTH PERIOD AVAILABLE AS OF THE
13 IMMEDIATELY PRECEDING NOVEMBER 1. FOR EVERY 10% INCREASE OR
14 DECREASE IN THE PRODUCER PRICE INDEX, AS DETERMINED BY COMPARING
15 THE INDEX FOR THE FIRST MONTH OF THE 12-MONTH PERIOD WITH THE
16 INDEX FOR THE LAST MONTH OF THE PERIOD, THERE SHALL BE A 0.1¢
17 PER GALLON, OR FRACTIONAL PART THEREOF, INCREASE OR DECREASE IN
18 THE RATE OF TAX. THE RATE OF TAX SHALL BE DETERMINED BY THE
19 SECRETARY OF REVENUE, WHO SHALL CAUSE SUCH RATE TO BE PUBLISHED
20 AS A NOTICE PURSUANT TO 45 PA.C.S. § 725(A)(3) (RELATING TO
21 ADDITIONAL CONTENTS OF PENNSYLVANIA BULLETIN) IN THE
22 PENNSYLVANIA BULLETIN ON OR BEFORE DECEMBER 15 OF EACH YEAR. THE
23 TAX, AS ADJUSTED, SHALL NEVER EXCEED 2¢ PER GALLON, OR
24 FRACTIONAL PART THEREOF, NOR SHALL IT BE LESS THAN 1.5¢ PER
25 GALLON, OR FRACTIONAL PART THEREOF.
26 (C) CONSTRUCTION OF SECTION.--THIS SECTION SHALL BE
27 CONSTRUED IN CONJUNCTION WITH THE ACT OF MAY 21, 1931 (P.L.149,
28 NO.105), KNOWN AS THE LIQUID FUELS TAX ACT, AS IF JET FUELS WERE
29 LIQUID FUELS AS DEFINED IN THAT ACT, AND ALL OF THE PROVISIONS
30 OF THAT ACT, EXCEPT FOR SECTION FOUR THEREOF TO THE EXTENT IT
19830S0785B2244 - 40 -
1 IMPOSES ANY TAX, SHALL APPLY TO THE COLLECTION, ADMINISTRATION
2 AND ENFORCEMENT OF THE TAX IMPOSED UNDER THIS SECTION. UPON THE
3 EFFECTIVE DATE OF THE TAX IMPOSED BY THIS SECTION UPON JET
4 FUELS, SUCH JET FUELS SHALL NOT BE SUBJECT TO THE TAX IMPOSED BY
5 THE ACT OF JANUARY 14, 1952 (1951 P.L.1965, NO.550), KNOWN AS
6 THE FUEL USE TAX ACT, EXCEPT THAT DEALER-USERS SHALL REMAIN
7 LIABLE TO REPORT AND PAY THE FUEL USE TAX ON ANY JET FUELS USED
8 THEREAFTER UPON WHICH THE TAX PROVIDED BY THIS SECTION HAS NOT
9 BEEN IMPOSED.
10 (D) DISPOSITION OF TAXES.--ALL MONEYS COLLECTED UNDER THIS
11 SECTION SHALL BE DEPOSITED BY THE STATE TREASURER IN THE
12 AVIATION RESTRICTED ACCOUNT.
13 SUBCHAPTER C D <--
14 AVIATION DEVELOPMENT LOAN PROGRAM
15 SEC.
16 6141. TERMS OF LOANS.
17 6142. DENIAL OF LOAN APPLICATION.
18 6143. ENFORCEMENT OF LOAN AGREEMENT.
19 § 6141. TERMS OF LOANS.
20 (A) APPLICATION.--THE OWNER OR OPERATOR OF A PUBLIC AIRPORT
21 MAY APPLY FOR A LOAN FROM THE AVIATION DEVELOPMENT ACCOUNT.
22 APPLICATIONS FOR THE LOANS SHALL BE MADE IN SUCH MANNER AND ON
23 SUCH FORMS AS ARE PRESCRIBED BY THE DEPARTMENT.
24 (B) LIMITS ON LOANS.--THE DEPARTMENT MAY, PRIOR TO APPROVING
25 ANY LOAN, APPROPRIATE FROM THE AVIATION DEVELOPMENT ACCOUNT AN
26 AMOUNT EQUAL TO THE COST OF ADMINISTERING THE COST OF THE
27 AVIATION DEVELOPMENT LOAN PROGRAM. THE DEPARTMENT, FOLLOWING ITS
28 REVIEW OF EACH LOAN APPLICATION, MAY APPROVE ANY LOAN SOUGHT
29 SOLELY FOR AVIATION DEVELOPMENT AT AN AIRPORT LOCATED IN THIS
30 COMMONWEALTH. NO LOAN SHALL BE APPROVED FOR MORE THAN 10% OF THE
19830S0785B2244 - 41 -
1 TOTAL MONEYS CONTAINED IN THE AVIATION DEVELOPMENT ACCOUNT AT
2 THE TIME WHEN THE LOAN IS APPLIED FOR OR $100,000, WHICHEVER IS
3 GREATER.
4 (C) INTEREST AND REPAYMENT PERIOD.--ALL LOANS APPROVED BY
5 THE DEPARTMENT, UNDER THIS SECTION, SHALL BEAR INTEREST AT A
6 RATE SUBSTANTIALLY EQUAL TO THE DEPARTMENT'S COST OF
7 ADMINISTERING THE AIRPORT DEVELOPMENT PROGRAM, INCLUDING DEBT <--
8 SERVICE, AND SHALL BE REPAID WITHIN A PERIOD NOT TO EXCEED TEN
9 YEARS.
10 (D) NOTICE TO TREASURER.--THE DEPARTMENT, FOLLOWING ITS
11 REVIEW OF EACH LOAN APPLICATION, SHALL NOTIFY THE TREASURER OF
12 EACH APPLICANT WHO QUALIFIES FOR A LOAN AND THE AMOUNT OF THE
13 LOAN FOR WHICH THE APPLICANT IS ELIGIBLE. WITHIN 30 DAYS OF
14 RECEIVING THIS NOTICE, THE TREASURER SHALL ISSUE TO THE
15 QUALIFYING APPLICANT THE FULL AMOUNT OF THE LOAN.
16 § 6142. DENIAL OF LOAN APPLICATION.
17 ANY APPLICANT DEEMED NOT ELIGIBLE FOR A LOAN SHALL RECEIVE
18 WRITTEN NOTICE THAT THE LOAN HAS BEEN DENIED AND THE REASON FOR
19 DENIAL.
20 § 6143. ENFORCEMENT OF LOAN AGREEMENT.
21 (A) POSTING OF SECURITY.--THE DEPARTMENT MAY, PRIOR TO ITS
22 APPROVAL OF ANY LOAN APPLICATION, REQUIRE THAT THE APPLICANT
23 POST WITH THE DEPARTMENT SUCH SECURITY AS WILL ASSURE COMPLIANCE
24 WITH THE TERMS OF THE LOAN. THE AMOUNT THAT SHALL BE POSTED
25 SHALL NOT EXCEED 25% OF THE LOAN APPLICATION. AFTER A PERIOD OF
26 DEMONSTRATED COMPLIANCE WITH THE LOAN AGREEMENT, THE DEPARTMENT
27 MAY REDUCE THE AMOUNT POSTED OR MAY ELIMINATE THE POSTING
28 ENTIRELY. IN THE EVENT OF A DEFAULT, THE SECURITY SHALL BE
29 UTILIZED FOR THE RETIREMENT OF THE BONDS PROVIDED FOR IN
30 SUBCHAPTER D E (RELATING TO BOND ISSUANCE). <--
19830S0785B2244 - 42 -
1 (B) LIEN.--UPON ENTERING INTO AN AGREEMENT WITH A LOAN
2 APPLICANT, THE DEPARTMENT MAY ENTER A LIEN AGAINST THE PROPERTY
3 OF THE APPLICANT. THE LIEN SHALL ATTACH TO ALL PROPERTY AND
4 RIGHTS TO THE PROPERTY IMMEDIATELY UPON ACQUISITION OF ANY
5 INTEREST THEREIN BY ANY OTHER CORPORATION, ASSOCIATION OR
6 PERSON, WHETHER THE INTEREST BE LEGAL, EQUITABLE OR SUBJECT TO A
7 SECURITY INTEREST AS DEFINED BY TITLE 13 (RELATING TO COMMERCIAL
8 CODE), INCLUDING ANY INTEREST THAT MAY BE CREATED THEREIN
9 PURSUANT TO A TRUST, LIEN OR OTHER DEVICE BY A CREDITOR OF THE
10 CORPORATION, ASSOCIATION OR PERSON TO SECURE REPAYMENT OF ANY
11 OBLIGATION OF THE CORPORATION, ASSOCIATION OR PERSON.
12 (C) RECORDING AND PRIORITY.--THE DEPARTMENT SHALL RECORD THE
13 LIEN PROVIDED FOR UNDER THIS SECTION WITH THE OFFICE OF THE
14 PROTHONOTARY OF THE COUNTY WHEREIN THE AIRPORT IS LOCATED AND
15 THE LIEN SHALL BE GIVEN A PRIORITY EXCEEDED ONLY BY CLAIMS OF
16 THE FEDERAL GOVERNMENT, INSOFAR AS THE LAWS OF THE UNITED STATES
17 MAY GIVE A PRIOR CLAIM TO THE FEDERAL GOVERNMENT.
18 (D) RELEASE AND APPEAL.--THE DEPARTMENT SHALL RELEASE THE
19 LIEN UPON A SHOWING BY THE APPLICANT THAT HE HAS NOT VIOLATED
20 THE LOAN AGREEMENT. THE APPLICANT MAY APPEAL A DETERMINATION BY
21 THE DEPARTMENT THAT HE HAS VIOLATED THE AGREEMENT TO THE BOARD
22 OF FINANCE AND REVENUE. THE APPEAL SHALL BE MADE IN ACCORDANCE
23 WITH TITLE 2 (RELATING TO ADMINISTRATIVE LAW AND PROCEDURE),
24 INCLUDING APPEAL TO THE COURTS.
25 SUBCHAPTER D E <--
26 BOND ISSUANCE
27 SEC.
28 6161. AUTHORITY TO BORROW.
29 6162. BONDS.
30 6163. SALE OF BONDS.
19830S0785B2244 - 43 -
1 6164. REFUNDING BONDS.
2 6165. DISPOSITION AND USE OF PROCEEDS.
3 6166. REGISTRATION OF BONDS.
4 6167. INFORMATION TO GENERAL ASSEMBLY.
5 6168. REDEMPTION OF BONDS.
6 6169. EXPENSES OF PREPARATION, ISSUE AND SALE OF BONDS.
7 § 6161. AUTHORITY TO BORROW.
8 THE GOVERNOR, AUDITOR GENERAL AND STATE TREASURER ARE HEREBY
9 AUTHORIZED TO BORROW, BY THE ISSUANCE OF LIMITED OBLIGATIONS OF
10 THE COMMONWEALTH, MONEY NOT EXCEEDING $25,000,000 FOR AVIATION
11 DEVELOPMENT THROUGHOUT THIS COMMONWEALTH.
12 § 6162. BONDS.
13 (A) ISSUANCE.--AS EVIDENCE OF THE INDEBTEDNESS AUTHORIZED,
14 LIMITED OBLIGATION BONDS OF THE COMMONWEALTH PAYABLE SOLELY FROM
15 THE AVIATION DEVELOPMENT ACCOUNT MAY BE ISSUED FROM TIME TO TIME
16 FOR SUCH TERMS AND CONDITIONS OF ISSUE, REDEMPTION AND MATURITY,
17 RATE OR RATES OF INTEREST AND TIME OF PAYMENT OF INTEREST, AS
18 THE GOVERNOR, AUDITOR GENERAL AND STATE TREASURER SHALL DIRECT,
19 EXCEPT THAT THE LATEST STATED MATURITY DATE SHALL NOT EXCEED TEN
20 YEARS FROM THE DATE OF THE BOND FIRST ISSUED FOR EACH SERIES.
21 (B) SIGNATURES.--ALL BONDS ISSUED UNDER THIS CHAPTER SHALL
22 BEAR FACSIMILE SIGNATURES OF THE GOVERNOR, AUDITOR GENERAL AND
23 STATE TREASURER, AND A FACSIMILE OF THE GREAT SEAL OF THE
24 COMMONWEALTH OF PENNSYLVANIA, AND SHALL BE COUNTERSIGNED BY ONE
25 AUTHORIZED OFFICER OF THE AUTHORIZED LOAN AND TRANSFER AGENT OF
26 THE COMMONWEALTH.
27 (C) LIMITED OBLIGATION OF COMMONWEALTH.--ALL BONDS ISSUED
28 UNDER THIS SUBCHAPTER SHALL NOT BE DEEMED TO PLEDGE THE FULL <--
29 FAITH AND CREDIT OF THE COMMONWEALTH BUT SHALL BE LIMITED
30 OBLIGATIONS OF THE COMMONWEALTH, PAYABLE SOLELY FROM THE
19830S0785B2244 - 44 -
1 AVIATION DEVELOPMENT ACCOUNT, WHICH IS HEREBY PLEDGED TO THE
2 EXTENT NECESSARY FOR THE PAYMENT OF THE INTEREST THEREON AS IT
3 BECOMES DUE AND THE PAYMENT OF THE PRINCIPAL THEREOF AT
4 MATURITY. ALL BONDS ISSUED UNDER THIS SUBCHAPTER SHALL BE EXEMPT
5 FROM TAXATION FOR STATE AND LOCAL PURPOSES. THE PRINCIPAL OF AND
6 THE INTEREST ON THE BONDS SHALL BE PAYABLE IN LAWFUL MONEY OF
7 THE UNITED STATES OF AMERICA.
8 (D) TYPE OF BONDS.--THE BONDS MAY BE ISSUED IN CERTIFICATE
9 OR BOOK-ENTRY FORM AS THE ISSUING OFFICIALS MAY DETERMINE.
10 (E) AMORTIZATION AND RETIREMENT.--THE ISSUING OFFICIALS
11 SHALL PROVIDE FOR THE AMORTIZATION OF THE BONDS IN SUBSTANTIAL
12 AND REGULAR AMOUNTS OVER THE TERM OF THE DEBT. THE FIRST
13 RETIREMENT OF PRINCIPAL SHALL BE STATED TO MATURE PRIOR TO THE
14 EXPIRATION OF A PERIOD OF TIME EQUAL TO ONE-TENTH OF THE TIME
15 FROM THE DATE OF THE FIRST OBLIGATION ISSUED TO EVIDENCE THE
16 DEBT TO THE DATE OF THE EXPIRATION OF THE TERM OF THE DEBT.
17 RETIREMENTS OF PRINCIPAL SHALL BE REGULAR AND SUBSTANTIAL IF
18 MADE IN ANNUAL OR SEMIANNUAL AMOUNTS WHETHER BY STATED SERIAL
19 MATURITIES OR BY MANDATORY SINKING FUND RETIREMENTS COMPUTED IN
20 ACCORDANCE WITH EITHER A LEVEL ANNUAL DEBT SERVICE PLAN, AS
21 NEARLY AS MAY BE, OR UPON THE EQUAL ANNUAL MATURITIES PLAN.
22 (F) PRINTING.--THE GOVERNOR, AUDITOR GENERAL AND STATE
23 TREASURER SHALL PROCEED TO HAVE THE NECESSARY BONDS PREPARED AND
24 PRINTED. THE BONDS, AS SOON AS THEY ARE PREPARED AND PRINTED,
25 SHALL BE FORTHWITH DEPOSITED WITH THE DULY AUTHORIZED LOAN AND
26 TRANSFER AGENT OF THE COMMONWEALTH, THERE TO REMAIN UNTIL SOLD
27 IN ACCORDANCE WITH THE PROVISIONS OF THIS SUBCHAPTER.
28 § 6163. SALE OF BONDS.
29 (A) PUBLIC SALE.--WHENEVER BONDS ARE ISSUED, THEY SHALL BE
30 OFFERED FOR SALE AT NOT LESS THAN 98% OF THE PRINCIPAL AMOUNT
19830S0785B2244 - 45 -
1 AND ACCRUED INTEREST AND SHALL BE SOLD BY THE GOVERNOR, AUDITOR
2 GENERAL AND STATE TREASURER TO THE HIGHEST AND BEST BIDDER OR
3 BIDDERS AFTER DUE PUBLIC ADVERTISEMENT, ON SUCH TERMS AND
4 CONDITIONS AND UPON SUCH OPEN COMPETITIVE BIDDING, AS THE
5 GOVERNOR, AUDITOR GENERAL AND STATE TREASURER SHALL DIRECT. THE
6 MANNER AND CHARACTER OF THE ADVERTISEMENT AND THE TIMES OF
7 ADVERTISING SHALL BE PRESCRIBED BY THE GOVERNOR, AUDITOR GENERAL
8 AND STATE TREASURER.
9 (B) PRIVATE SALE.--ANY PORTION OF ANY BOND ISSUE SO OFFERED
10 AND NOT SOLD OR SUBSCRIBED FOR MAY BE DISPOSED OF BY PRIVATE
11 SALE BY THE GOVERNOR, AUDITOR GENERAL AND STATE TREASURER, IN
12 SUCH MANNER AND AT SUCH PRICES, NOT LESS THAN 98% OF THE
13 PRINCIPAL AMOUNT AND ACCRUED INTEREST, AS THE GOVERNOR SHALL
14 DIRECT. NO COMMISSION SHALL BE ALLOWED OR PAID FOR THE SALE OF
15 ANY BONDS ISSUED UNDER THE AUTHORITY OF THIS SUBCHAPTER.
16 (C) SERIES.--WHEN BONDS ARE ISSUED FROM TIME TO TIME, THE
17 BONDS OF EACH ISSUE SHALL CONSTITUTE A SEPARATE SERIES TO BE
18 DESIGNATED BY THE ISSUING OFFICIALS OR MAY BE COMBINED FOR SALE
19 AS ONE SERIES WITH GENERAL OBLIGATION BONDS OF THE COMMONWEALTH.
20 § 6164. REFUNDING BONDS.
21 THE GOVERNOR, AUDITOR GENERAL AND STATE TREASURER ARE
22 AUTHORIZED TO PROVIDE, BY RESOLUTION, FOR THE ISSUANCE OF
23 REFUNDING BONDS FOR THE PURPOSE OF REFUNDING ANY BONDS ISSUED
24 UNDER THE PROVISIONS OF THIS SUBCHAPTER AND THEN OUTSTANDING
25 EITHER BY VOLUNTARY EXCHANGE WITH THE HOLDERS OF THE OUTSTANDING
26 BONDS, OR TO PROVIDE FUNDS TO REDEEM AND RETIRE THE OUTSTANDING
27 BONDS WITH ACCRUED INTEREST AND ANY PREMIUM PAYABLE THEREON, AT
28 MATURITY OR AT ANY CALL DATE. THE ISSUANCE OF THE REFUNDING
29 BONDS, THE MATURITIES AND OTHER DETAILS THEREOF, THE RIGHTS OF
30 THE HOLDERS THEREOF AND THE DUTIES OF THE GOVERNOR, AUDITOR
19830S0785B2244 - 46 -
1 GENERAL AND STATE TREASURER IN RESPECT TO THEM SHALL BE GOVERNED
2 BY THE PROVISIONS OF THIS SUBCHAPTER, INSOFAR AS THEY MAY BE
3 APPLICABLE. REFUNDING BONDS MAY BE ISSUED BY THE GOVERNOR,
4 AUDITOR GENERAL AND STATE TREASURER TO REFUND BONDS ORIGINALLY
5 ISSUED OR TO REFUND BONDS PREVIOUSLY ISSUED FOR REFUNDING
6 PURPOSES.
7 § 6165. DISPOSITION AND USE OF PROCEEDS.
8 (A) AVIATION DEVELOPMENT ACCOUNT.--THE PROCEEDS REALIZED
9 FROM THE SALE OF BONDS UNDER THE PROVISIONS OF THIS SUBCHAPTER
10 AND ALL PAYMENTS OF INTEREST ON LOANS MADE AND REPAYMENTS OF
11 PRINCIPAL ON SUCH LOANS SHALL BE PAID INTO THE AVIATION
12 DEVELOPMENT ACCOUNT WHICH IS HEREBY ESTABLISHED AND WHICH SHALL
13 BE USED FOR AVIATION DEVELOPMENT LOANS IN THIS COMMONWEALTH.
14 (B) DEVELOPMENT LOANS AND REPAYMENTS.--EACH OWNER OR
15 OPERATOR OF A PUBLIC AIRPORT MAY APPLY FOR A DEVELOPMENT LOAN
16 FROM THE AVIATION DEVELOPMENT ACCOUNT. APPLICATIONS FOR THE
17 LOANS SHALL BE MADE IN SUCH MANNER AND ON SUCH FORMS AS ARE
18 PRESCRIBED BY THE DEPARTMENT. DEVELOPMENT LOANS MADE UNDER THE
19 PROVISIONS OF THIS SUBCHAPTER SHALL NOT EXCEED A PERIOD OF TEN
20 YEARS. PROCEEDS FROM REPAYMENT OF THE LOANS, INCLUDING PRINCIPAL
21 AND INTEREST THEREON, SHALL BE CREDITED TO THE AVIATION
22 DEVELOPMENT ACCOUNT.
23 (C) INTEREST.--PENDING THEIR APPLICATION TO THE PURPOSES
24 AUTHORIZED, MONEYS HELD OR DEPOSITED BY THE STATE TREASURER MAY
25 BE INVESTED OR REINVESTED AS OTHER FUNDS IN THE CUSTODY OF THE
26 STATE TREASURER IN THE MANNER PROVIDED BY LAW. ALL EARNINGS
27 RECEIVED FROM THE INVESTMENT OR DEPOSIT OF THE FUNDS SHALL BE
28 PAID INTO THE STATE TREASURY TO THE CREDIT OF THE AVIATION
29 DEVELOPMENT ACCOUNT.
30 § 6166. REGISTRATION OF BONDS.
19830S0785B2244 - 47 -
1 THE AUDITOR GENERAL SHALL PREPARE THE NECESSARY REGISTRY BOOK
2 TO BE KEPT IN THE OFFICE OF THE DULY AUTHORIZED LOAN AND
3 TRANSFER AGENT OF THE COMMONWEALTH FOR THE REGISTRATION OF ANY
4 BONDS, AT THE REQUEST OF OWNERS THEREOF, ACCORDING TO THE TERMS
5 AND CONDITIONS OF ISSUE DIRECTED BY THE GOVERNOR, AUDITOR
6 GENERAL AND STATE TREASURER. ALL BONDS WHICH ARE ISSUED SHALL BE
7 REGISTERED IN THE REGISTRY BOOKS KEPT BY THE DULY AUTHORIZED
8 LOAN AND TRANSFER AGENT OF THE COMMONWEALTH.
9 § 6167. INFORMATION TO GENERAL ASSEMBLY.
10 IT IS THE DUTY OF THE GOVERNOR TO INCLUDE, IN EVERY BUDGET
11 SUBMITTED TO THE GENERAL ASSEMBLY, FULL INFORMATION RELATING TO
12 THE ISSUANCE OF BONDS BY THE COMMONWEALTH FOR THE PAYMENT OF THE
13 INTEREST ON THE BONDS AND THE PRINCIPAL THEREOF AT MATURITY.
14 § 6168. REDEMPTION OF BONDS.
15 ALL BONDS ISSUED UNDER THE AUTHORITY OF THIS SUBCHAPTER SHALL
16 BE REDEEMED AT MATURITY AND ALL INTEREST DUE FROM TIME TO TIME
17 SHALL BE PAID FROM THE AVIATION DEVELOPMENT ACCOUNT.
18 § 6169. EXPENSES OF PREPARATION, ISSUE AND SALE OF BONDS.
19 THERE IS HEREBY APPROPRIATED TO THE STATE TREASURER FROM THE
20 PROCEEDS OF THE BONDS ISSUED AS MUCH MONEYS AS MAY BE NECESSARY
21 FOR ALL COSTS AND EXPENSES IN CONNECTION WITH THE ISSUE OF SALE
22 AND REGISTRATION OF THE BONDS IN CONNECTION WITH THIS
23 SUBCHAPTER.
24 SECTION 2. REPEALS.
25 (A) SPECIFIC REPEALS.--THE FOLLOWING ACTS OR PARTS OF ACTS
26 ARE REPEALED:
27 SECTIONS 526 AND 1208 OF THE ACT OF APRIL 9, 1929 (P.L.177,
28 NO.175), KNOWN AS THE ADMINISTRATIVE CODE OF 1929.
29 ACT OF APRIL 25, 1929 (P.L.755, NO.319), ENTITLED "AN ACT TO
30 CEDE JURISDICTION TO THE UNITED STATES OVER THE TRACTS OF LANDS
19830S0785B2244 - 48 -
1 AND BUILDINGS OCCUPIED BY THE ARMY AIR DEPOT AND FLYING FIELD
2 LOCATED IN AND ADJACENT TO THE BOROUGH OF MIDDLETOWN, DAUPHIN
3 COUNTY."
4 ACT OF MAY 8, 1929 (P.L.1683, NO.540), ENTITLED "AN ACT
5 MAKING AN APPROPRIATION OUT OF THE MOTOR LICENSE FUND TO THE
6 DEPARTMENT OF PROPERTY AND SUPPLIES."
7 ACT OF MAY 25, 1933 (P.L.1001, NO.224), KNOWN AS THE
8 AERONAUTICAL CODE.
9 ACT OF MAY 25, 1933 (P.L.1016, NO.226), ENTITLED "AN ACT
10 RELATING TO AERONAUTICS; PROVIDING FOR THE MAINTENANCE AND
11 OPERATION OF INTERMEDIATE LANDING FIELDS AND AIR NAVIGATION
12 FACILITIES BY THE COMMONWEALTH ALONE OR IN COOPERATION WITH THE
13 UNITED STATES GOVERNMENT OR POLITICAL SUBDIVISIONS OF THE
14 COMMONWEALTH; PROVIDING FOR THE EXECUTION OF LEASES OR THE
15 ISSUANCE OF LICENSES TO THE UNITED STATES GOVERNMENT OR TO
16 POLITICAL SUBDIVISIONS OF THE COMMONWEALTH FOR THE MAINTENANCE
17 OF NAVIGATION FACILITIES ON INTERMEDIATE LANDING FIELDS OF THE
18 COMMONWEALTH; CONFERRING POWERS AND DUTIES ON THE DEPARTMENT OF
19 REVENUE WITH RESPECT THERETO; AND REPEALING CERTAIN ACTS AND
20 PARTS OF ACTS."
21 ACT OF MAY 25, 1933 (P.L.1017, NO.227), ENTITLED "AN ACT
22 MAKING AN APPROPRIATION OUT OF THE MOTOR LICENSE FUND TO THE
23 DEPARTMENT OF PROPERTY AND SUPPLIES TO ASSIST IN THE DEVELOPMENT
24 OF AERONAUTICS."
25 ACT OF JUNE 21, 1937 (P.L.1967, NO.387), ENTITLED "AN ACT
26 REQUIRING ALL TERMINAL AIRPORTS MAINTAINING REGULAR SCHEDULED
27 FLIGHTS, AND ALL RADIO TRANSMISSION STATIONS USED FOR AIR
28 NAVIGATION PURPOSES, TO MAINTAIN AUXILIARY AERIAL NIGHT LIGHTING
29 EQUIPMENT, AND AN AUXILIARY SOURCE OF ELECTRIC CURRENT FOR THE
30 SAME; AND PROVIDING PENALTIES."
19830S0785B2244 - 49 -
1 ACT OF MAY 21, 1943 (P.L.328, NO.152), ENTITLED "AN ACT
2 AUTHORIZING THE SECRETARY OF HIGHWAYS, AT THE REQUEST OF, AND
3 UNDER AGREEMENT WITH THE PUBLIC ROADS ADMINISTRATION OF THE
4 UNITED STATES, TO LAY OUT, ESTABLISH, CONSTRUCT AND MAINTAIN
5 FLIGHT STRIPS AND ROADS TO THE SITES OF WAR ACTIVITIES, OR TO
6 REPLACE ROADS OR STREETS WHICH HAVE BEEN CLOSED BY DEFENSE OR
7 MILITARY ACTIVITIES, AND TO CONDEMN PROPERTY FOR SUCH PURPOSES,
8 AUTHORIZING A WIDTH OF TWO HUNDRED FEET FOR SUCH ROADS IN
9 CERTAIN CASES; AND MAKING AN APPROPRIATION."
10 ACT OF APRIL 17, 1945 (P.L.237, NO.107), KNOWN AS THE AIRPORT
11 ZONING ACT.
12 ACT OF JULY 27, 1953 (P.L.641, NO.186), ENTITLED "AN ACT
13 PROHIBITING THE ERECTION AND MAINTENANCE OF OBSTRUCTIONS TO THE
14 OPERATION OF AIRCRAFT IN CERTAIN AREAS AND PRESCRIBING
15 PENALTIES."
16 ACT OF MAY 29, 1956 (1955 P.L.1787, NO.596), ENTITLED "AN ACT
17 AUTHORIZING THE DEPARTMENT OF MILITARY AFFAIRS TO EXPEND STATE
18 FUNDS FOR CIVIL AIR PATROL AVIATION, EDUCATION, TRAINING AIDS
19 AND MAINTENANCE OF CIVIL AIR PATROL AIRCRAFT, AND MAKING AN
20 APPROPRIATION."
21 ACT OF AUGUST 31, 1967 (P.L.287, NO.119), ENTITLED, AS
22 AMENDED, "AN ACT PROVIDING FOR THE ADMINISTRATION OF PROPERTY
23 AND FACILITIES LOCATED IN DAUPHIN COUNTY, NOW KNOWN AS OLMSTED
24 AIR FORCE BASE, TO BE ACQUIRED BY THE COMMONWEALTH FROM THE
25 UNITED STATES OF AMERICA; ESTABLISHING AN AIRPORT; CONFERRING
26 POWERS AND IMPOSING DUTIES UPON THE DEPARTMENT OF
27 TRANSPORTATION."
28 (B) GENERAL REPEALS.--ALL OTHER ACTS AND PARTS OF ACTS ARE
29 REPEALED INSOFAR AS THEY ARE INCONSISTENT WITH THIS ACT.
30 SECTION 3. EXISTING PROGRAMS. <--
19830S0785B2244 - 50 -
1 NOTHING IN THIS ACT SHALL BE CONSTRUED TO AFFECT OR REPEAL
2 ANY APPROPRIATION MADE FOR THE CURRENT FISCAL YEAR FOR EXISTING
3 AVIATION PROGRAMS AND THE APPROPRIATIONS MADE FOR THESE PROGRAMS
4 SHALL CONTINUE AT CURRENT LEVELS FOR THE REMAINDER OF THE 1983-
5 1984 FISCAL YEAR.
6 SECTION 3 4. EFFECTIVE DATE. <--
7 THIS ACT SHALL TAKE EFFECT IMMEDIATELY, HOWEVER, IN THE EVENT <--
8 THIS ACT IS NOT FINALLY ENACTED ON OR BEFORE JULY 1, 1984, THE
9 TAXES IMPOSED UNDER SECTIONS 6121 (RELATING TO TAX ON AVIATION
10 FUELS) AND 6131 (RELATING TO TAX ON JET FUELS) SHALL NOT BE
11 EFFECTIVE AS OF JULY 1, 1984, BUT SHALL BE EFFECTIVE ON THE
12 FIRST DAY OF THE FIRST MONTH FOLLOWING FINAL ENACTMENT.
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