PRIOR PRINTER'S NO. 743 PRINTER'S NO. 1653
No. 666 Session of 1983
INTRODUCED BY WILSON, LESCOVITZ, HUTCHINSON, GEIST, DININNI,
STUBAN, MISCEVICH, PITTS, PHILLIPS, BOWSER, PETRARCA, NAHILL,
LINTON, STEIGHNER AND BOOK, APRIL 6, 1983
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
JULY 21, 1983
AN ACT
1 Amending Title 74 (Transportation) of the Pennsylvania
2 Consolidated Statutes, adding revised, codified and compiled
3 provisions relating to aviation.
4 TABLE OF CONTENTS
5 TITLE 74
6 TRANSPORTATION
7 PART III. AVIATION
8 Chapter 51. Preliminary Provisions
9 § 5101. Short title of part.
10 § 5102. Definitions.
11 § 5103. Aviation restricted account.
12 Chapter 53. Authority of Department of Transportation
13 § 5301. Authority of department.
14 § 5302. Aircraft for official use.
15 Chapter 55. Legal Status of Air Navigation
16 § 5501. Ownership of space.
17 § 5502. Damage to persons and property on ground.
1 § 5503. Law applicable to crimes and torts.
2 § 5504. Law applicable to contracts.
3 Chapter 57. Obstructions to Aircraft Operation
4 § 5701. Department approval.
5 § 5702. Commencement of proceedings for summary offenses.
6 § 5703. Disposition of fines, fees and forfeitures.
7 Chapter 59. Airport Operation and Zoning
8 Subchapter A. Harrisburg International Airport
9 § 5901. Harrisburg International Airport.
10 Subchapter B. Airport Zoning
11 § 5911. Short title of subchapter.
12 § 5912. Power to adopt airport zoning regulations.
13 § 5913. Relation to other zoning regulations.
14 § 5914. Procedure for adoption of zoning regulations.
15 § 5915. Airport zoning requirements.
16 § 5916. Permits and variances.
17 § 5917. Administrative appeals.
18 § 5918. Judicial review.
19 § 5919. Notice to department.
20 § 5920. Acquisition of air rights.
21 The General Assembly of the Commonwealth of Pennsylvania
22 hereby enacts as follows:
23 Section 1. Title 74 of the Pennsylvania Consolidated
24 Statutes is amended by adding a part to read:
25 TITLE 74
26 TRANSPORTATION
27 Part
28 III. Aviation
29 PART III
30 AVIATION
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1 Chapter
2 51. Preliminary Provisions
3 53. Authority of Department of Transportation
4 55. Legal Status of Air Navigation
5 57. Obstructions to Aircraft Operation
6 59. Airport Operation and Zoning
7 CHAPTER 51
8 PRELIMINARY PROVISIONS
9 Sec.
10 5101. Short title of part.
11 5102. Definitions.
12 5103. Aviation restricted account.
13 § 5101. Short title of part.
14 This part shall be known and may be cited as the Aviation
15 Code.
16 § 5102. Definitions.
17 The following words and phrases when used in this part shall
18 have the meanings given to them in this section unless the
19 context clearly indicates otherwise:
20 "Aircraft." Any contrivance used or designated for
21 navigation of, or flight in, or to ascent into, the air, except
22 an ultralight, parachute, model or radio-controlled airplane or
23 other contrivance designated and used primarily as safety
24 equipment.
25 "Airport." Any area of land or water which is used, or
26 intended to be used for the landing and takeoff of aircraft and
27 any appurtenant areas which are used, or intended to be used,
28 for airport buildings or air navigation facilities or rights-of-
29 way, together with all airport buildings and facilities thereon.
30 Unless indicated otherwise, airport shall include heliports and
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1 public airports.
2 "Airport hazard." Any structure or object, natural or
3 manmade, or use of land which obstructs the airspace required
4 for flight of aircraft in landing or taking off at an airport or
5 is otherwise hazardous to the landing or taking off of aircraft.
6 "Airport hazard area." Any area of land or water upon which
7 an airport hazard might be established if not prevented as
8 provided in this part.
9 "Board." A zoning hearing board or joint zoning hearing
10 board established pursuant to ARticle IX of the act of July 31,
11 1968 (P.L.805, No.247), known as the Pennsylvania Municipalities
12 Planning Code, but not including a joint airport zoning board,
13 established pursuant to section 5912 (relating to power to adopt
14 airport zoning regulations). In municipalities where the
15 Pennsylvania Municipalities Planning Code does not apply, the
16 term shall mean the body having the powers listed in section
17 5917 (relating to administrative appeals).
18 "Commercial flight operations." The carrying of persons or
19 goods for hire, including the conduct of flight instruction for
20 compensation.
21 "Commercial operator." A person who conducts commercial
22 flight operations or deals in the sale or resale of aircraft or
23 aircraft parts or aircraft maintenance.
24 "Department." The Department of Transportation.
25 "Helicopter." A rotorcraft, other than a model or radio-
26 controlled rotorcraft, that, for its horizontal motion, depends
27 principally on its engine-driven rotor.
28 "Heliport." Any area of land, water or structure which is
29 used or intended to be used for the landing and takeoff of
30 helicopters and any appurtenant areas which are used for
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1 heliport buildings or helicopter facilities or rights-of-way,
2 together with all heliport buildings and facilities thereon.
3 "Landing area." Any area used, or intended to be used, for
4 the landing, taking off or surface maneuvering of aircraft.
5 "Planning agency." A planning commission, planning
6 department, planning committee of the governing body of a
7 municipality or planning committee of a joint airport zoning
8 board.
9 "Public airport." An airport which is either publicly or
10 privately owned and which is open, or intended to be open, to
11 the public.
12 "Secretary." The Secretary of Transportation.
13 "Structure." Includes buildings, towers, smokestacks and
14 overhead transmission lines.
15 § 5103. Aviation restricted account.
16 (a) Creation of account.--There is hereby created a special
17 account in the State Treasury which shall be known as the
18 aviation restricted account.
19 (b) Source.--The revenue from the following sources shall be
20 deposited in the aviation restricted account:
21 (1) Proceeds of the excise tax upon the use of fuel in
22 aircraft engines.
23 (2) The cost of the use of department aircraft by
24 Commonwealth agencies and the General Assembly, charged
25 pursuant to section 5302 (relating to aircraft for official
26 use).
27 (3) Moneys collected pursuant to sections 5703 (relating
28 to disposition of fines, fees and forfeitures) and 5901
29 (relating to Harrisburg International Airport).
30 (c) Use of account.--The moneys from time to time in the
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1 aviation restricted account, after providing therefrom for the
2 cost of administration and collection of the excise tax upon the
3 use of fuel in aircraft or aircraft engines, shall be
4 appropriated by the General Assembly to the department or
5 political subdivisions and used solely for the purchase,
6 construction, reconstruction, operation and maintenance of
7 public airports, the operation, maintenance and other costs of
8 aircraft owned or leased by the Commonwealth, any other purpose
9 reasonably related to air navigation including but not limited
10 to the reimbursement of airport property owners for property tax
11 expenditures and costs and expenses incident thereto and for the
12 payment of obligations incurred for such purposes. The moneys in
13 the aviation restricted account shall not be diverted by
14 transfer or otherwise to any other purpose.
15 CHAPTER 53
16 AUTHORITY OF DEPARTMENT OF TRANSPORTATION
17 Sec.
18 5301. Authority of department.
19 5302. Aircraft for official use.
20 § 5301. Authority of department.
21 (a) General powers.--The department shall administer the
22 provisions of this part and, for that purpose, shall promulgate
23 and enforce regulations as necessary to execute the powers
24 vested in it by this part and other laws relating to aviation,
25 airports and air safety within this Commonwealth. The secretary
26 shall have the powers and perform the functions provided by this
27 part. Where any provision of this part confers powers or imposes
28 duties upon the department which under any Federal statute may
29 be exercised by or imposed on only the Secretary of
30 Transportation, the reference to the department shall be
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1 construed to mean the department acting by and through the
2 Secretary of Transportation or the person for the time being
3 acting as the Secretary of Transportation personally.
4 (b) Specific powers.--The department is authorized to:
5 (1) Provide for the examination, rating and licensing of
6 airports.
7 (2) Operate and maintain airports which are owned or
8 leased by the Commonwealth and encourage and assist in the
9 establishment and construction of other airports.
10 (3) Expend moneys appropriated to it for the purposes of
11 the administration of this act, including proceeds from
12 aviation fuel excise taxes and fines arising from violations
13 of Chapter 57 (relating to obstructions to aircraft
14 operation) from time to time in the aviation restricted
15 account.
16 (4) Accept and expend money, property or other things of
17 value received from the Federal Government or from any other
18 source for the making of surveys and plans and the purchase
19 of lands for and the construction of airports.
20 (5) Expend Commonwealth funds for search and rescue
21 operations and organ transport by the civil air patrol, and
22 educational materials and equipment related thereto.
23 (6) Encourage and assist in the establishment and
24 construction of landing areas and airports.
25 (7) Provide for the licensing of commercial operators.
26 If the department should fail to exercise this power, or if
27 it should discontinue its use, it shall publish notice
28 thereof in the Pennsylvania Bulletin at least 60 days prior
29 to its discontinuance.
30 (8) Provide for education and training in crash fire
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1 rescue operations.
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 shall be issued by the department unless it has held a public
14 hearing on the license application. The hearing shall be held
15 in the area where the proposed airport is to be located and
16 at least 60 days notice of the date, time and place of the
17 hearing shall be given to the public in at least one
18 newspaper of general circulation. No license shall be issued
19 unless the department is satisfied that fair consideration
20 has been given to the interest of the communities in or near
21 which the proposed airport is to be located and in no event
22 shall the department license any airport within two miles of
23 the boundary of an existing airport. Any person aggrieved by
24 a decision of the department to grant or deny a license for a
25 new airport may take an appeal as provided in Title 2
26 (relating to administrative law and procedure). Nothing in
27 this subsection shall be construed as applying to the
28 licensing of heliports, EXISTING AIRPORTS, UPGRADING OF <--
29 EXISTING AIRPORTS OR AIRPORTS UNDER CONSTRUCTION.
30 (2) Any license for an airport issued by the department
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1 shall be effective for a period not less than two years from
2 the date of its issuance. The department may revoke an
3 airport license upon proof of any violation of law relating
4 to aviation.
5 § 5302. Aircraft for official use.
6 The department may purchase or lease and maintain aircraft
7 required for the proper conduct of the business of the
8 Commonwealth agencies and the General Assembly. The total cost,
9 including all ordinary and necessary expenses for the use of
10 such aircraft, shall be charged by the department to the using
11 agency or the General Assembly. The amount of such charge shall
12 be paid into the aviation restricted account and be credited to
13 the amounts appropriated therefrom for the use of the
14 department. All amounts so credited are hereby appropriated to
15 the department for the same purposes as other appropriations out
16 of the aviation restricted account for the use of the
17 department.
18 CHAPTER 55
19 LEGAL STATUS OF AIR NAVIGATION
20 Sec.
21 5501. Ownership of space.
22 5502. Damage to persons and property on ground.
23 5503. Law applicable to crimes and torts.
24 5504. Law applicable to contracts.
25 § 5501. Ownership of space.
26 The ownership of the space over and above the lands and
27 waters of this Commonwealth is declared to be vested in the
28 owner of the surface beneath, but the ownership extends only so
29 far as is necessary to the enjoyment of the use of the surface
30 without interference and is subject to the right of passage or
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1 flight of aircraft. Flight through the space over and above land
2 or water, at a sufficient height and without interference to the
3 enjoyment and use of the land or water beneath, is not an
4 actionable wrong unless the flight results in actual damage to
5 the land or water, or property thereon or therein, or use of the
6 land or water beneath.
7 § 5502. Damage to persons and property on ground.
8 (a) General rule.--The owner and the pilot, or either of
9 them, of an aircraft which is operated over the lands or waters
10 of this Commonwealth shall be liable for injuries or damage to
11 persons or property on or over the land or water beneath, caused
12 by the ascent, descent or flight of aircraft or the dropping or
13 falling of any object therefrom in accordance with the law
14 applicable to torts on land in this Commonwealth.
15 (b) Definition.--As used in this section the word "owner"
16 includes a person having full title to aircraft and operating it
17 through agents and also includes a bona fide lessee or bailee of
18 the aircraft whether gratuitously or for hire. It does not
19 include a bona fide bailor or lessor of the aircraft, whether
20 gratuitously or for hire, or a mortgagee, secured party, trustee
21 for creditors of the aircraft or other persons having a security
22 title only. The owner of the aircraft shall not be liable when
23 the pilot of the aircraft is in possession thereof as a result
24 of theft or felonious conversion. The person in whose name an
25 aircraft is registered with the United States Department of
26 Transportation is prima facie the owner of the aircraft within
27 the meaning of this section.
28 § 5503. Law applicable to crimes and torts.
29 (a) General rule.--All crimes, torts and other wrongs
30 committed by or against a pilot or passengers, while in flight
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1 over or above the lands and waters of this Commonwealth, shall
2 be governed by the law of this Commonwealth. The issue of
3 whether damage occasioned by or to an aircraft, while over this
4 Commonwealth, constitutes a tort, crime or other wrong by or
5 against the owner of the aircraft shall be determined by the law
6 of this Commonwealth.
7 (b) Liability for injury to passengers.--The liability of
8 the owner or pilot of an aircraft carrying passengers, for
9 injury or death to the passengers, shall be determined by the
10 law applicable to torts on the lands or waters of this
11 Commonwealth arising out of similar relationships.
12 (c) Liability for collision of aircraft.--The liability of
13 the owner of one aircraft to the owner of another aircraft, or
14 to pilots or passengers on either aircraft, or damage caused by
15 collision, on land or in the air, shall be determined by the law
16 applicable to torts on the lands or waters of this Commonwealth.
17 (d) Liability of insurer.--No insurer shall deny coverage
18 under an exclusion in an agreement where there is no causal
19 connection between the exclusion and any loss resulting from any
20 accident.
21 § 5504. Law applicable to contracts.
22 All contractual and other relations entered into by pilots or
23 passengers, while in flight over or above the lands or waters of
24 this Commonwealth, shall be governed by the laws applicable to
25 similar relations entered into on the lands of this
26 Commonwealth.
27 CHAPTER 57
28 OBSTRUCTIONS TO AIRCRAFT OPERATION
29 Sec.
30 5701. Department approval.
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1 5702. Commencement of proceedings for summary offenses.
2 5703. Disposition of fines, fees and forfeitures.
3 § 5701. Department approval.
4 (a) Obstructions to aircraft within approach area.--A person
5 who erects and maintains any smoke stack, flag pole, elevated
6 tank, radio station tower, antenna, building, structure, any
7 object of natural growth or other obstruction to the operation
8 of aircraft within an approach area that extends above an
9 inclined plane without first obtaining prior approval thereof
10 from the department commits a summary offense. Each day a
11 violation of this subsection continues constitutes a separate
12 offense.
13 (b) Structures in close proximity to airport.--A person who
14 erects a new structure or adds to an existing structure in
15 violation of guidelines or regulations adopted by the Federal
16 Aviation Administration of the United States Department of
17 Transportation, or who erects the structure with respect to the
18 airport without in either event first obtaining prior approval
19 from the department, commits a summary offense.
20 (c) Definition.--As used in this section the term "approach
21 area" includes all that area lying within and above an inclined
22 plane, starting at each end of each runway or landing strip of a
23 public-use airport, as described by guidelines or regulations
24 adopted by the Federal Aviation Administration of the United
25 States Department of Transportation.
26 § 5702. Commencement of proceedings for summary offenses.
27 In cases where the alleged violation of this chapter is
28 designated a summary offense, proceedings shall be instituted
29 under applicable law within 30 days after the commission of the
30 alleged violation. If the proceedings are instituted against a
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1 person prima facie guilty of an offense and it subsequently
2 appears that another person was the violator, proceedings may be
3 instituted against the other person within 30 days after his
4 identity has been discovered.
5 § 5703. Disposition of fines, fees and forfeitures.
6 All fines, fees and forfeitures collected under this part for
7 violations thereof, and all bail forfeited, shall be paid to the
8 Department of Revenue and transmitted to the State Treasury and
9 credited to the aviation restricted account by the district
10 justice or other officer imposing or receiving them. A district
11 justice who fails to pay the fines, fees and forfeitures to the
12 Department of Revenue commits a misdemeanor of the third degree.
13 CHAPTER 59
14 AIRPORT OPERATION AND ZONING
15 Subchapter
16 A. Harrisburg International Airport GENERAL PROVISIONS <--
17 B. Airport Zoning
18 SUBCHAPTER A
19 HARRISBURG INTERNATIONAL AIRPORT <--
20 GENERAL PROVISIONS <--
21 Sec.
22 5901. Harrisburg International Airport.
23 5902. OTHER AIRPORTS. <--
24 § 5901. Harrisburg International Airport.
25 (a) Acquisition of property.--All right, title and interest
26 in certain property located in Lower Swatara Township and the
27 Borough of Middletown, Dauphin County, formerly known as Olmsted
28 Air Force Base, presently known as Harrisburg International
29 Airport and more fully described in the act of April 25, 1929
30 (P.L.755, No.319), entitled "An act to cede jurisdiction to the
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1 United States over the tracts of lands and buildings occupied by
2 the Army Air Depot and Flying Field located in and adjacent to
3 the Borough of Middletown, Dauphin County," which has been
4 acquired by the Commonwealth from the Federal Government shall
5 vest in the Commonwealth and shall be under the administration
6 and control of the department for the uses and purposes set
7 forth in this section.
8 (b) Authority of department.--The department is authorized
9 to:
10 (1) Allocate so much of the property for use as an
11 airport as it determines to be necessary.
12 (2) Operate and maintain the airport.
13 (3) Grant leases, licenses, easements and rights-of-way
14 over, under and upon the property, for any period under such
15 terms and conditions and for such rent or other consideration
16 as the department deems proper.
17 (4) Sell and convey or exchange with the approval of the
18 Governor any of the property under such terms and conditions
19 and for such consideration as the department deems proper.
20 (5) Equip, alter, repair, maintain, renew, relocate or
21 demolish all or any portion of the property including any
22 building, structure or fixture.
23 (6) Mark, build, rebuild, relocate, fix the width of,
24 construct, repair and maintain roads over the property.
25 (7) Purchase, contract for and maintain all equipment,
26 machinery, materials, services and supplies necessary to
27 construct, operate or maintain the airport or the property.
28 (8) Maintain and operate utility services such as water,
29 sewage, heat, electric power or other services and provide
30 them to any tenant or other person occupying or using any of
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1 the property or facilities covered by this section, under
2 such terms and conditions and for such rent or other
3 consideration as the department deems proper; the department
4 shall incur no monetary loss in the execution of these
5 functions.
6 (9) Provide fire protection for the property and
7 facilities if required by Federal law or regulation.
8 (10) Provide police protection in accordance with the
9 act of May 21, 1943 (P.L.469, No.210), entitled "An act
10 providing for commissioning as police officers certain
11 employes of institutions maintained in whole or in part by
12 the Commonwealth; conferring upon them the powers of
13 constables in certain cases; and imposing duties on wardens
14 and keepers of jails, police stations and lock-ups."
15 (11) Employ such officers, technicians, professional
16 assistants and other persons as the department deems
17 necessary to carry out this section.
18 (12) Acquire additional lands with legislative approval.
19 (13) Collect rents, fees and other moneys derived from
20 any source pursuant to any provision of this section.
21 (14) Acquire easements, leases, licenses, permits or
22 other rights or interests necessary for the proper
23 accomplishment of the purposes of this section.
24 (c) Procedures.--The powers and duties granted by this act
25 shall be exercised in accordance with the act of April 9, 1929
26 (P.L.177, No.175), known as The Administrative Code of 1929,
27 where not inconsistent with this chapter.
28 (d) Disposition of funds.--All moneys collected under this
29 section shall be deposited in the aviation restricted account,
30 and shall be credited to the appropriation to the department.
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1 All moneys so credited are hereby appropriated to the department
2 to carry out this section. After July 1, 1984, no moneys in the
3 aviation restricted account derived from aviation fuel excise
4 taxes shall be used to carry out this section, except for
5 payment of debt services for improvements made before that date
6 so long as the General Assembly approves.
7 § 5902. OTHER AIRPORTS. <--
8 ALL RIGHTS, TITLE AND INTEREST IN CERTAIN PROPERTIES KNOWN AS
9 MID-STATE AIRPORT LOCATED IN CENTRE COUNTY SHALL BE UNDER THE
10 ADMINISTRATION AND CONTROL OF THE DEPARTMENT FOR THE USES AND
11 PURPOSES SET FORTH IN THIS SECTION.
12 SUBCHAPTER B
13 AIRPORT ZONING
14 Sec.
15 5911. Short title of subchapter.
16 5912. Power to adopt airport zoning regulations.
17 5913. Relation to other zoning regulations.
18 5914. Procedure for adoption of zoning regulations.
19 5915. Airport zoning requirements.
20 5916. Permits and variances.
21 5917. Administrative appeals.
22 5818. Judicial review.
23 5919. Notice to department.
24 5920. Acquisition of air rights.
25 § 5911. Short title of subchapter.
26 This subchapter shall be known and may be cited as the
27 Airport Zoning Act.
28 § 5912. Power to adopt airport zoning regulations.
29 (a) General rule.--In order to prevent the creation or
30 establishment of airport hazards, every municipality having an
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1 airport hazard area within its territorial limits shall adopt,
2 administer and enforce under the police power and in the manner
3 and upon the conditions prescribed in this subchapter and in
4 applicable zoning law unless clearly inconsistent with this
5 subchapter, airport zoning regulations for such airport hazard
6 area. The regulations may divide the area into zones, and within
7 the zones specify the land uses permitted and regulate and
8 restrict the height to which structures may be erected or
9 objects of natural growth may be allowed to grow. A municipality
10 which includes an airport hazard area created by the location of
11 a public airport is required to adopt, administer and enforce
12 zoning ordinances pursuant to this subchapter if the existing
13 comprehensive zoning ordinance for the municipality does not
14 provide for the land uses permitted and regulate and restrict
15 the height to which structures may be erected or objects of
16 natural growth may be allowed to grow in an airport hazard area.
17 (b) Joint airport zoning board.--Where any airport hazard
18 area appertaining to an airport is located outside the
19 territorial limits of the municipality encompassing the airport,
20 all of the municipalities involved may, by ordinance or
21 resolution, create a joint airport zoning board which shall have
22 the same power to adopt, administer and enforce airport zoning
23 regulations applicable to the airport hazard area in question as
24 that vested by subsection (a) in the municipality within which
25 the area is located. Each joint airport zoning board shall have
26 as members two representatives appointed by each municipality
27 participating in its creation and, in addition, a chairman
28 elected by a majority of the members so appointed.
29 (c) Definition.--As used in this section the word "airport"
30 does not include facilities designated as heliports and which
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1 can be used only by rotary wing aircraft, nor airports which are
2 personal airports.
3 § 5913. Relation to other zoning regulations.
4 (a) Incorporation.--In the event that a municipality has
5 adopted or hereafter adopts a comprehensive zoning ordinance
6 regulating, among other things, the height of buildings, any
7 airport zoning regulations applicable to the same area or
8 portion thereof may be incorporated in and made a part of the
9 comprehensive zoning regulations and be administered and
10 enforced in connection therewith.
11 (b) Conflict.--In the event of conflict between any airport
12 zoning regulations adopted under this subchapter and any other
13 regulations applicable to the same area, whether the conflict be
14 with respect to the height of structures or trees, the use of
15 land or any other matter, and whether the other regulations were
16 adopted by the municipality which adopted the airport zoning
17 regulations or by some other municipality under this subchapter
18 or otherwise, the more stringent limitation or requirement shall
19 prevail.
20 § 5914. Procedure for adoption of zoning regulations.
21 (a) Notice and hearing.--No airport zoning regulations shall
22 be adopted, amended or changed except by action of the
23 municipality or the joint airport zoning board after a public
24 hearing in relation thereto at which parties in interest and
25 citizens shall have an opportunity to be heard. The notice shall
26 be published once each week for two successive weeks in a
27 newspaper of general circulation in the municipality or
28 municipalities affected. The notice shall state the time and
29 place of the hearing and the particular nature of the matter to
30 be considered at the hearing. The first publication shall not be
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1 more than 30 days or less than 14 days from the date of the
2 hearing.
3 (b) Airport Zoning Planning Agency.--Prior to the initial
4 zoning of any airport hazard area, the municipality or joint
5 airport zoning board which is to adopt the regulations shall
6 appoint a planning agency to be known as the Airport Zoning
7 Planning Agency to recommend the boundaries of the various zones
8 to be established and the regulations to be adopted therefore.
9 The planning agency shall make a preliminary report and, after
10 notice given in the same manner as is provided in subsection
11 (a), shall hold public hearings thereon before submitting its
12 final report. The municipality or the joint airport zoning board
13 shall not hold its public hearings or take other action until it
14 has received the final report of the planning agency. Where a
15 planning agency already exists it may be appointed as the
16 Airport Zoning Planning Agency.
17 § 5915. Airport zoning requirements.
18 (a) Reasonableness.--All airport zoning regulations adopted
19 under this subchapter shall be reasonable; none shall impose any
20 requirement or restriction unless it is reasonably necessary to
21 effectuate the purpose of this subchapter. In determining what
22 regulations it may adopt, each municipality and joint airport
23 zoning board shall consider among other factors the character of
24 the flying operations expected to be conducted at the airport,
25 the nature of the terrain within the airport hazard area, the
26 character of the neighborhood and the uses to which the property
27 to be zoned is put and adaptable.
28 (b) Nonconforming uses.--No airport zoning regulations
29 adopted under this subchapter may require the removal, lowering
30 or other change or alteration of any structure or any object of
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1 natural growth not conforming to the regulations when adopted or
2 amended or otherwise interfere with the continuance of any
3 nonconforming use, except as provided in section 5916 (relating
4 to permits and variances).
5 (c) Model ordinance.--A municipality shall adopt, either in
6 full or by reference, any provision of any model zoning
7 ordinance or other similar guidelines suggested or published by
8 the Federal Aviation Administration of the United States
9 Department of Transportation regarding airport hazard areas.
10 § 5916. Permits and variances.
11 (a) Permit.--Any airport zoning regulations shall require
12 that a permit be obtained before any new use or structure may be
13 established or constructed and before any existing use or
14 structure may be substantially changed, but no permit may be
15 required to make maintenance repairs to or to replace parts of
16 existing structures which do not enlarge or increase the height
17 of an existing structure. However, all regulations shall provide
18 that before any nonconforming structure may be replaced,
19 substantially altered or rebuilt or tree allowed to grow higher
20 or replanted, a permit must be secured from the municipality
21 authorizing the replacement or change. Provided that the
22 requirements of section 5919 (relating to notice to department)
23 are complied with, applications for permits shall only be
24 granted unless to do so would allow the establishment or
25 creation of an airport hazard or permit a nonconforming
26 structure or object of natural growth or nonconforming use to be
27 made or become higher or become a greater hazard to air
28 navigation than it was when the applicable regulation was
29 adopted, or than it is when the application for a permit is
30 made.
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1 (b) Variance.--Any person desiring to erect any structure or
2 increase the height of any structure or permit the growth of any
3 object of natural growth or otherwise use his property in
4 violation of airport zoning regulations may apply to the board
5 for a variance from the zoning regulations in question. A
6 variance shall only be granted after the requirements of section
7 5919 (relating to notice to department) are satisfied. A
8 variance may be allowed where a literal application or
9 enforcement of the regulations would result in practical
10 difficulty or unnecessary hardship and the relief granted would
11 not be contrary to the public interest but would do substantial
12 justice and would be in accordance with the spirit of the
13 regulations and this subchapter. Any variance may be granted
14 subject to any reasonable conditions that the board may deem
15 necessary to effectuate the purposes of this subchapter.
16 (c) Hazard marking and lighting.--In granting any permit or
17 variance under this section the board shall, if it deems the
18 action advisable to effectuate the purpose of this subchapter
19 and reasonable in the circumstances, so condition the permit or
20 variance as to require the owner of the structure or object of
21 natural growth in question to permit the municipality at its own
22 expense or require the person or persons requesting the permit
23 or variance to install, operate and maintain thereon such
24 markers and lights as may be required by guidelines or
25 regulations adopted by the Federal Aviation Administration of
26 the United States Department of Transportation.
27 § 5917. Administrative appeals.
28 (a) Right of appeal.--Any person aggrieved or taxpayer
29 affected by any decision of the municipality or joint zoning
30 hearing board may appeal to the board as provided by law.
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1 (b) Stay of proceedings.--An appeal shall stay all
2 proceedings in furtherance of the action appealed from unless
3 the municipality or joint zoning hearing board certifies to the
4 board after the notice of appeal has been filed with it that, by
5 reason of the facts stated in the certificate, a stay would in
6 its opinion cause imminent peril to life or property. In such
7 cases proceedings shall not be stayed otherwise than by order of
8 the board or notice to the municipality or joint zoning appeal
9 board.
10 (c) Board of appeals.--All airport zoning regulations shall
11 provide for a board to hear and decide appeals, special
12 exceptions and requests for variances. Where a zoning board of
13 appeals or adjustment already exists it may be appointed as the
14 board. Otherwise the board shall consist of five members each to
15 be appointed for a term of three years by the authority adopting
16 the regulations and to be removable by the appointing authority,
17 for cause, upon written charges and after public hearing.
18 § 5918. Judicial review.
19 Any person aggrieved or taxpayer affected by any decision of
20 a board may appeal to the court of common pleas as provided by
21 law. In cases where applicable law does not provide an appeal
22 from a municipality to a board, a person or taxpayer may appeal
23 from a decision of a municipality or joint airport zoning board,
24 as provided by law for similar zoning proceedings.
25 § 5919. Notice to department.
26 Notwithstanding any other provision of law, a municipality or
27 board which decides to grant a permit or variance under this
28 subchapter, shall notify the department of its decision. This
29 notice shall be in writing and shall be sent so as to reach the
30 department at least ten days before the date upon which the
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1 decision is to issue. Nothing in this section shall be construed
2 as impairing the rights of any person under section 5918
3 (relating to judicial review).
4 § 5920. Acquisition of air rights.
5 In any case in which it is desired to remove, lower or
6 otherwise terminate a nonconforming structure or use, or the
7 approach protection necessary cannot, because of constitutional
8 limitations, be provided by airport zoning regulations, or it
9 appears advisable that the necessary approach protection be
10 provided by acquisition of property rights, rather than by
11 airport zoning regulations, the municipality within which the
12 property or nonconforming use is located, or the municipality or
13 municipal authority owning the airport or served by it, may
14 acquire by purchase, grant or condemnation, in the manner
15 provided by the law under which municipalities are authorized to
16 acquire real property for public purposes, such air right,
17 aviation easement or other estate or interest in the property or
18 nonconforming structure or use in question as may be necessary
19 to effectuate the purpose of this subchapter. In the case of the
20 purchase of any property or any easement or estate, or interest
21 therein, or the acquisition thereof by the power of eminent
22 domain, the municipality making the purchase or exercising the
23 power shall, in addition to the damages for the taking, injury
24 or destruction of property, also pay the cost of the removal and
25 relocation of any structure or any public utility, which is
26 required to be moved to a new location.
27 Section 2. Repeals.
28 (a) Specific repeals.--The following acts or parts of acts
29 are repealed:
30 Sections 526 and 1208 and section 2001.3(g) of the act of
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1 April 9, 1929 (P.L.177, No.175), known as The Administrative
2 Code of 1929.
3 Act of April 25, 1929 (P.L.755, No.319), entitled "An act to
4 cede jurisdiction to the United States over the tracts of lands
5 and buildings occupied by the Army Air Depot and Flying Field
6 located in and adjacent to the Borough of Middletown, Dauphin
7 County."
8 Act of May 8, 1929 (P.L.1683, No.540), entitled "An act
9 making an appropriation out of the Motor License Fund to the
10 Department of Property and Supplies."
11 Act of May 25, 1933 (P.L.1001, No.224), known as The
12 Aeronautical Code.
13 Act of May 25, 1933 (P.L.1016, No.226), entitled "An act
14 relating to aeronautics; providing for the maintenance and
15 operation of intermediate landing fields and air navigation
16 facilities by the Commonwealth alone or in cooperation with the
17 United States Government or political subdivisions of the
18 Commonwealth; providing for the execution of leases or the
19 issuance of licenses to the United States Government or to
20 political subdivisions of the Commonwealth for the maintenance
21 of navigation facilities on intermediate landing fields of the
22 Commonwealth; conferring powers and duties on the Department of
23 Revenue with respect thereto; and repealing certain acts and
24 parts of acts."
25 Act of May 25, 1933 (P.L.1017, No.227), entitled "An act
26 making an appropriation out of the Motor License Fund to the
27 Department of Property and Supplies to assist in the development
28 of aeronautics."
29 Act of June 21, 1937 (P.L.1967, No.387), entitled "An act
30 requiring all terminal airports maintaining regular scheduled
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1 flights, and all radio transmission stations used for air
2 navigation purposes, to maintain auxiliary aerial night lighting
3 equipment, and an auxiliary source of electric current for the
4 same; and providing penalties."
5 Act of May 21, 1943 (P.L.328, No.152), entitled "An act
6 authorizing the Secretary of Highways, at the request of, and
7 under agreement with the Public Roads Administration of the
8 United States, to lay out, establish, construct and maintain
9 flight strips and roads to the sites of war activities, or to
10 replace roads or streets which have been closed by defense or
11 military activities, and to condemn property for such purposes,
12 authorizing a width of two hundred feet for such roads in
13 certain cases; and making an appropriation."
14 Act of April 17, 1945 (P.L.237, No.107), known as the Airport
15 Zoning Act.
16 Act of May 2, 1947 (P.L.136, No.56), entitled "An act
17 relating to Federal aid to political subdivision or municipality
18 authority for the development of public airports."
19 Act of July 27, 1953 (P.L.641, No.186), entitled "An act
20 prohibiting the erection and maintenance of obstructions to the
21 operation of aircraft in certain areas and prescribing
22 penalties."
23 Act of May 29, 1956 (1955 P.L.1787, No.596), entitled "An act
24 authorizing the Department of Military Affairs to expend State
25 funds for civil air patrol aviation, education, training aids
26 and maintenance of civil air patrol aircraft, and making an
27 appropriation."
28 Act of August 31, 1967 (P.L.287, No.119), entitled, as
29 amended, "An act providing for the administration of property
30 and facilities located in Dauphin County, now known as Olmsted
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1 Air Force Base, to be acquired by the Commonwealth from the
2 United States of America; establishing an airport; conferring
3 powers and imposing duties upon the Department of
4 Transportation."
5 (b) General repeals.--All other acts and parts of acts are
6 repealed insofar as they are inconsistent with this act.
7 Section 3. Effective date.
8 This act shall take effect in 60 days.
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