1341.05  PERMIT APPLICATIONS.
   As regulated by Act 164 and defined by 14 Code of Federal Regulations Part 77.13(a) (as amended or replaced), any person who plans to erect a new structure, to add to an existing structure, or to erect and maintain any object (natural or manmade), in the vicinity of the airport, shall first notify the Department’s Bureau of Aviation (BOA) by submitting PENNDOT Form AV- 57 to obtain an obstruction review of the proposal at least 30 days prior to commencement thereof.  The Department’s BOA response must be included with this permit application for it to be considered complete.  If the Department’s BOA returns a determination of no penetration of airspace, the permit request should be considered in compliance with the intent of this Overlay article.  If the Department’s BOA returns a determination of a penetration of airspace, the permit shall be denied, and the project sponsor may seek a variance from such regulations as outlined in Section 1341.06.
   No permit is required to make maintenance repairs to or to replace parts of existing structures which do not enlarge or increase the height of an existing structure.
   (a)   Any object that would be shielded by existing structures of a permanent and substantial character or by natural terrain or topographic features of equal or greater height and, would be located in the congested area of a city, town, or settlement where it is evident beyond all reasonable doubt that the structure so shielded will not adversely affect safety in air navigation.
   (b)   Any antenna structure of 20 feet or less in height except one that would  increase the height of another antenna structure.
   (c)   Any air navigation facility, airport visual approach or landing aid, aircraft arresting device, or meteorological device, of a type approved by the Administrator or any appropriate military service on military airports, the location and height of which is fixed by functional purpose.
   (d)   Any construction or alteration for which notice is required by any other FAA regulation. 
(Ord. 3622.  Passed 11-21-11.)