[Ord. 460, 6/25/2012, § II]
The purpose of this Part is to fulfill the Township's obligation
to create an Airport Overlay Zoning District around the Allegheny
County Airport, to establish such zone and the boundaries thereof
to enact associated regulations and height restrictions for constructed
structures and objects of natural growth, to provide for variances
as to the restrictions and boundaries of such zones, and to establish
a permitting process for use within said zones.
[Ord. 460, 6/25/2012, § II]
The Airport Overlay Zoning District established hereunder shall
not modify the boundaries of any underlying zoning district. Where
identified, the Airport Overlay Zoning District shall impose certain
requirements on land use and construction in addition to those contained
in the underlying zoning district.
[Ord. 460, 6/25/2012, § II]
1.
The regulations in this section shall apply to uses and structures located within areas illustrated on the Allegheny County Airport (AGC) Airspace Plan (as reflected, in part, in Drawing 6 of 14, and, in part, in Drawing 7 of 14, of the AGC Airport Master Plan, as amended), which include the following zones as defined in Part 2 of this chapter and as further described and depicted in Figures 27-1 and 27-2 of this Part.
2.
Said Drawing 6 of 14 and Drawing 7 of 14 of the AGC Airport Master
Plan, as amended, as referenced in this section and otherwise in this
Part, are hereby incorporated herein by reference and made a part
hereof Figure 27-1 and Figure 27-2, attached hereto, incorporated
herein, and made a part hereof are derived from Drawings 6 of 14 and
7 of 14, and depict those portions of the AGC Airspace Plan that are
situate within Baldwin Township and which shall comprise the Baldwin
Township Allegheny County Airport Overlay Zoning District as created
by this Part. Said Drawings 6 of 14 and 7 of 14, and Figure 27-1 and
Figure 27-2, as may be modified or amended hereafter from time to
time, shall comprise the Baldwin Township Allegheny County Airport
Overlay Zoning District as created by this Part.
[Ord. 460, 6/25/2012, § II]
1.
As regulated by Act 164 and defined by 14 CFR 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 man-made), 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 to be in compliance with the intent of this section. 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 herein at § 27-1705.
A.
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.
B.
No notice or review under this section is required for any of the
following construction or alteration:
(1)
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.
(2)
Any antenna structure of 20 feet or less in height except one
that would increase the height of another antenna structure.
(3)
Any air navigation facility, airport visual approach or landing
aid, aircraft arresting device, or meteorological device, of a type
approved by the Administrator, or an appropriate military service
on military airports, the location and height of which is fixed by
functional purpose.
(4)
Any construction or alteration for which notice is required
by any other FAA regulation.
[Ord. 460, 6/25/2012, § II]
1.
Any request for a variance shall include documentation in compliance
with 14 CFR Part 77 Subpart B (FAA Form 7460-1 as amended or replaced).
Determinations of whether to grant a variance will depend on the determinations
made by the FAA and the Department's BOA as to the effect of
the proposal on the operation of air navigation facilities and the
safe, efficient use of navigable air space. In particular, the request
for a variance shall consider which of the following categories the
FAA has placed the proposed construction in:
A.
No Objection. The subject construction is determined to not exceed
obstruction standards and marking/lighting is not required to mitigate
potential hazard. Under this determination a variance shall be granted.
B.
Conditional Determination. The proposed construction/alteration is determined to create some level of encroachment into an airport hazard area which can be effectively mitigated. Under this determination, a variance shall be granted contingent upon implementation of mitigating measures as described herein at § 27-1708.
C.
Objectionable. The proposed construction/alteration is determined
to be a hazard and is thus objectionable. A variance shall be denied
and the reasons for this determination shall be outlined to the applicant.
2.
Such requests for variances shall be granted where it is duly found
that a literal application or enforcement of the regulations will
result in unnecessary hardship and that relief granted will not be
contrary to the public interest, will not create a hazard to air navigation,
will do substantial justice, and will be in accordance with the intent
of this Part.
[Ord. 460, 6/25/2012, § II]
Notwithstanding any other provisions of this chapter, no use shall be made of land or water within those portions of the Township lying within the Baldwin Township Airport Overlay Zoning District established hereby, being those areas described in § 27-1703 and as further illustrated on AGC Airspace Plan (see Drawing 7b of 14 of the AGC Airport Master Plan, as amended), in such a manner as to create electrical interference with navigational signals or radio communications between the airport and aircraft, make it difficult for pilots to distinguish between airport lights and others, impair visibility in the vicinity of the airport, create bird strike hazards or otherwise endanger or interfere with the landing, takeoff or maneuvering of aircraft utilizing the Allegheny County Airport.
[Ord. 460, 6/25/2012, § II]
The regulations prescribed by this Part shall not be construed
to require the removal, lowering, or other change or alteration of
any structure or tree not conforming to the regulations as of the
effective date of this Part, or otherwise interfere with the continuance
of a nonconforming use. No nonconforming use shall be structurally
altered or permitted to grow higher, so as to increase the nonconformity,
and a nonconforming use, once substantially abated (subject to the
underlying zoning ordinance), may only be reestablished consistent
with the provisions herein.
[Ord. 460, 6/25/2012, § II]
Any permit or variance granted pursuant to the provisions of this Part may be conditioned according to the conditional determination process described in § 27-1705 to require the owner of the structure or object of natural growth in question to permit the Township, at its own expense, or require the person requesting the permit or variance, to install, operate, and maintain such marking or lighting as deemed necessary to assure both ground and air safety.
[Ord. 460, 6/25/2012, § II]
Where there exists a conflict between any of the regulations
or limitations prescribed in this Part and any other regulation applicable
to the same area, the more stringent limitation or requirement shall
govern and prevail.
