 | § 5102 Definitions.
The following words and phrases when used in this part shall have the meanings given to them in this section unless the context clearly indicates otherwise:
“Aircraft.” Any contrivance, except an unpowered hang-glider or parachute, used for manned ascent into or flight through the air.
“Airport.” Any area of land or water which is used, or intended to be used, for the landing and takeoff of aircraft and any appurtenant area which are used, or intended to be used, for airport buildings or air navigation facilities or rights-of- way, together with all airport buildings and facilities thereon. Unless indicated otherwise, airport shall include heliports and public airports.
“ Airport hazard”. Any structure or object, natural or manmade, or use of land which obstructs the airspace required for flight of aircraft in landing or taking off at an airport or is otherwise hazardous to the landing or taking off of aircraft.
“Airport hazard area.” Any area of land or water upon which an airport hazard might be established if not prevented as provided in this part.
“Aviation development.” Any work involved in the construction, reconstruction, improvement or repair of a landing area, heliport, airport or any portion thereof. For purposes of this par, aviation development shall include, but shall not be limited to, the removal, lowering and relocation of airport equipment and facilities, including the marking and light of any airport; the construction and maintenance of maintenance hangars and T-storage hangars; the installation or improvement of navigation aids used in the landing and taking off of aircraft; the installation of equipment used for the suppression of noise, including the construction of physical barriers and landscaping for the purpose of diminishing the effect of aircraft noise in any area adjacent to an airport; the acquisition of land, or any interest therein, or any easement, for purpose which are compatible with the operation of the airport, including the removal of airport hazards; and any other aviation- related improvements so long as they are directly involved in the movement, servicing or housing of aircraft on an airport.
“Aviation-related area.” Any area of an airport used, or intended to be used, in the direct operation of the airport. The term includes, but is not limited to, any portion of the airport used in the landing, taking off or surface maneuvering of an aircraft. The term does not include hangars, terminals and any portion of the airport used for the housing of air aircraft or areas dedicated to hotels, motels, shops, restaurants, parking areas and garages and other for-profit establishments whose purpose is unrelated to the landing and taking off of aircraft.
“Board.” A zoning hearing board or joint zoning hearing board established pursuant to Article IX of the act of July 31, 1968 (P.L.805, No.247), known as the Pennsylvania Municipalities Planning Code, but not including a joint airport zoning board established pursuant to section 5912 (relating to power to adopt airport zoning regulations). In municipalities where the Pennsylvania Municipalities Planning Code does not apply, the term shall mean the body having the powers listed in section 5917 (relating to administrative appeals).
“Commercial flight operations.” The carrying of persons or goods for hire, including the conduct of flight instruction for compensation.
“Commercial operator.” A person who deals in the sale or resale of aircraft or aircraft parts or aircraft maintenance.
“ Department.” The Department of Transportation.
“ Helicopter.” A rotorcraft, other than a model or radio-controlled rotorcraft, that, for its horizontal motion, depends principally on its engine-driven rotor.
“Heliport.” Any are of land, water or structure which is used or intended to be used for the landing and takeoff of helicopters and any appurtenant areas which are used for heliport buildings or helicopter facilities or rights-of-way, together with all heliport buildings and facilities thereon.
“Landing area.” Any area used, or intended to be used, for the landing taking off or surface maneuvering of aircraft.
“Planning agency.” A planning commission, planning department, planning committee of the governing body of a municipality or planning committee of a joint airport zoning board.
“Private airport.” An airport which is privately owned and which is not open or intended to be open to the public.
“Public airport.” An airport which is either publicly or privately owned and which is open to the public.
“Secretary.” The Secretary of Transportation.
“Statewide regional apportionment formula.” The method utilized by the department to determine whether or not an airport qualifies for State revenue to be utilized for capital construction projects and land acquisitions.
“Structure.” Includes buildings, towers, smokestacks and overhead transmission lines. |
| § 5103. Aviation Restricted Account.
(a) Creation of account.—There is hereby created a special account in the State Treasury which shall be known as the Aviation Restricted Account.
(b) Source.—The revenue from the following sources shall be deposited in the Aviation Restricted Account:
(1) Proceeds of all excise taxes upon the use of fuel in aircraft engines.
(2) The cost of the use of department aircraft by Commonwealth agencies and the General Assembly, charged pursuant to section 5302 (relating to aircraft for official use).
(3) Moneys collected pursuant to sections 5703 (relating to disposition of fines, fees and forfeitures) and 5901 (relating to Harrisburg International Airport).
(4) Proceeds from the sale of State-owned airports or property thereon.
(5) Proceeds from rents, fees and other moneys derived from any source under the provisions of section 5903 (relating to authority of department).
(c) Use of account.—The moneys from time to time in the Aviation Restricted Account, after providing therefrom for the cost of administration and collection of the excise tax upon the use of fuel in aircraft or aircraft engines, shall be appropriated by the General Assembly to the department or political subdivisions for use in the following manner:
(1) The portion of the account derived from the tax on fuel sold for use in propeller-driven piston aircraft or aircraft engines as provided for in the act of May 21, 1931 (P.L.149,No.105), known as The Liquid Fuels Tax Act, and the act of January 14, 1952 (1951 P.L.1965, No. 550), known as the Fuel Use Tax Act, and all the moneys collected pursuant to section 6121 (relating to tax on aviation fuels) shall be reserved solely for local real estate tax reimbursements for public airports, for costs of administering the program as provided for in section 6122(e) (relating to allocation of funds) and for payment of obligations incurred for such purposes. This portion of the account shall be maintained by the State Treasurer and shall be administered by the department. On or before February 1 of each year, the State Treasurer shall notify the department of the moneys collected and deposited in that portion of the Aviation Restricted Account reserved solely for local real estate tax reimbursements for the preceding calendar year. The notification shall include any moneys gained through the State Treasurer’s investment of revenues.
(2) The portion of the account derived from the tax sold for use in turbine-propelled jet, turbojet and jet-driven aircraft and aircraft engines as provided for in The Liquid Fuels Tax Act and the Fuel Use Tax Act and all the moneys collected pursuant to section 6131 (relating to tax on jet fuels) shall be appropriated to fund the continuation of existing aviation programs, including aviation development grants; a runway marking program for public airports; administration, operation and maintenance of all State-owned airports, other than Harrisburg International Airport; payment of debt service for improvements on State-owned airports, including improvements at Harrisburg International Airport authorized prior to July 1, 1984: matching fund programs for public airports as determined by the Statewide regional apportionment formula; and the operations of the Bureau of Aviation. The sum allotted for bureau operations shall not exceed the amount of aviation development grants.
(3) The balance of the account may be used for the purchase, construction, reconstruction, operation and maintenance of State-owned airports, including Harrisburg International Airport; the operation, maintenance and other costs of aircraft owned or leased by the Commonwealth; and any other purpose reasonably related to air navigation. The moneys in the Aviation Restricted Account shall not be diverted by transfer or otherwise to any other purpose. |