Township of Aleppo, PA Supplemental Regulations

Only the following uses, and appurtenant structures, are permitted as a temporary use within the commercial districts:

Christmas tree sales.

Sale of seasonal produce.

Carnivals, circuses, street fairs and/or festivals.

Mobile amusements.

A written statement from the landowner indicating approval of the temporary use and/or structure shall be provided with the application.

All temporary uses shall comply with the standards of this section as a condition to the issuance of a certificate of occupancy pursuant to § 400-126.

All temporary uses and/or structures shall be subject to the following applicable standards and criteria:

Approval of temporary uses and/or structures shall be granted for a time period of one to four weeks within one calendar year;

All temporary uses and/or structures shall be removed within 10 days of the expiration of the specific period for which the structure or use is approved;

Temporary uses or structures which are authorized for a particular event shall be removed within 48 hours after the completion of the event;

The area proposed for temporary uses and/or structures shall provide off-street parking as required by Article IV;

The area used for the temporary structures shall not obstruct any sidewalk or public right-of-way, nor shall it obstruct the free flow of pedestrian or vehicular traffic on the site or adjacent property;

All temporary uses shall address the applicable standards of Article VI, Performance Standards;

(g)

All temporary structures shall comply with the requirements of the specific zoning district for accessory structures;

(h)

The activity shall comply with all applicable requirements of the Fire Code.

All districts. Temporary construction trailers or offices or sales offices shall be permitted in any zoning district, subject to the following conditions:

A permit for the temporary trailer and/or office shall be obtained prior to the placement of the structure and shall be renewed every six months;

Temporary construction trailers and/or offices and sales offices shall be permitted only during the period that the construction work is in progress under a valid building permit or under Township approval to install public improvements;

The temporary trailer and/or office shall be removed upon completion of the construction authorized by the permit. In the event that construction is phased, the temporary trailer and/or office shall be moved from the completed phase when 90% of the required improvements have been installed, as determined by the Township Engineer;

Temporary construction trailers and/or offices shall be located on the lot on which the construction is progressing and shall not be located within 25 feet of any property line;

(5)

No combustible materials shall be stored in temporary construction trailers and/or offices;

(6)

Sales offices shall not be utilized for any dwelling use;

(7)

Sales offices shall be used primarily for sales associated with the development in which they are located and shall not be used as the only place of business for the listing agent.

§ 400-22 Prohibited uses.

It being the primary purpose of these regulations to maintain the Township free from those land uses which might injure the health, safety, morals or general welfare of the Township residents, it is hereby provided that no lot or structure in the Township of Aleppo shall be offensive by reason of the emission of odor, dust, smoke, gas, vibration or noise, or which detrimentally affects the public health, safety, morals or the general welfare of the Township residents. A written site development impact report shall be provided with each application to address each of the identified emissions and how they may or may not impact the Township and its residences. Uses not specifically listed or referenced as permitted or conditional uses shall be prohibited.

§ 400-23 Conditional uses.

Conditional uses are unique, and their effect on the surrounding environment cannot be determined in advance of the use being proposed for a particular parcel of land. At the time of application, a review of the location, design, configuration and potential impact of the proposed use shall be conducted by the Planning Commission. The proposed use shall be analyzed by comparing it to established development standards and design guidelines. This review shall determine whether the proposed use addresses the specific standards identified in this chapter and whether or not it should be permitted by weighing the public need for, and the benefit to be derived from, the use against the impact which it may cause.

Application.

The application for conditional use approval, as provided by the Township, shall be completed and filed, along with a site plan, at the Township offices.

Each applicant shall demonstrate that the development for which the conditional use is being applied for meets the identified standards and criteria of the requested use.

Each applicant shall provide assurance that the conditional use:

Will not endanger the public health, safety, morals and general welfare if located where proposed;

Will not deteriorate the environment or generate nuisance conditions such as traffic congestion, noise, dust, smoke, glare and vibration;

Meets all other requirements of this chapter;

Is an appropriate use on the proposed site as a conditional use;

Is consistent with the Comprehensive Plan;

Is in general conformity and is a compatible use in the neighborhood.

Review. Each conditional application shall be reviewed in accordance with Pennsylvania Municipalities Planning Code Section 913.2, Governing Body's Functions; Conditional Uses.[1]

Editor's Note: See 53 P.S. § 10913.2.

§ 400-24 Fences.

The following general standards shall apply to all fences in the Township. Building permits shall not be required for the erection of fencing, except as specifically provided for herein.

A plot plan, acceptable drawing or survey showing the location of the fence must be submitted with the building permit application.

Any fence with in-ground poles must be constructed so as to have such poles facing the landowner on whose lot such fence is located.

Fencing for the purposes of enclosing a garden area shall comply with all fencing regulations (permit is not required).

Fences in other than the front yard shall not be constructed more than six feet in height.

No fence shall be constructed more than three feet in height within the front yard.

No barbed wire or razor wire will be permitted in any residential district. Electric fences shall be permitted for agricultural uses, provided the fence is posted as such and installation shall be per the manufacturer's specifications. Barbed wire shall be permitted for the purpose of fencing livestock.

In zoning districts other than residential, such fencing, wall or barrier shall not be permitted, unless a written request is submitted to the Board of Commissioners and approved by a majority vote at a public meeting.

All fences, walls or other barriers shall be maintained in a sturdy and good condition. Fences, walls or other barriers which overturn, collapse, fall or deteriorate, whether in whole or in part, shall be repaired, replaced or removed within 60 days of receipt of notice thereof. The Township Zoning Officer shall make such determinations of fence condition.

Any fence, wall or other barrier that cannot support 105 pounds in weight without bending, breaking, leaning or moving shall be deemed insufficiently sturdy.

Any erosion or sedimentation control barrier installed at the request of the Department of Environmental Protection (DEP) shall be removed within three months following authorization by the Department of Environmental Protection or an authorized agent of the DEP to do so.

In any district, fences and/or walls shall not obstruct the clear sight triangle for vehicular traffic.

No fence and/or wall shall be erected in any public right-of-way.

§ 400-25 Accessory structures.

The following general standards shall apply to all accessory structures proposed for erection in Aleppo Township:

A building permit shall be required prior to the erection of a permitted accessory structure.

Home occupations or activities relating to such shall not be housed in an accessory structure.

Accessory structures shall not be permitted in required front yards.

All accessory structures shall be set back a minimum of 10 feet from the closest rear and/or side lot boundary line.

§ 400-26 Communications towers.

The following regulations shall apply to all transmission or transreceiver facilities proposed for placement in the C-2 Commercial Industrial District:

Lot dimensions. The lot dimensions (depth and width) shall be dictated by the fall radius of the tower. The minimum dimensions shall be the radius of the height of the tower in each direction. (Example: A two-hundred-foot-high tower would be required to have a four-hundred-foot-diameter parcel.)

The communications company is required to demonstrate, using technological evidence, that the antenna must go where it is proposed, in order to satisfy its function in the company's grid system.

If the communications company proposes to build a tower (as opposed to mounting the antenna on an existing structure), it is required to demonstrate that it contacted the owners of tall structures within a one-quarter-mile radius of the site proposed, asked for permission to install the antenna on those structures, and was denied for reasons other than economic ones. This would include smokestacks, water towers, tall buildings, antenna support structures of other communications companies, other communications towers (fire, police, etc.), and other tall structures. Aleppo Township may deny the application to construct a new tower if the applicant has not made a good faith effort to mount the antenna on an existing structure.

The applicant shall demonstrate that the antenna is the minimum height required to function satisfactorily. No antenna that is taller than this minimum height shall be approved. In addition, no antenna shall exceed 200 feet in height.

All communications towers must be stealth towers, where possible. A stealth tower is a communications tower which is not recognizable as a conventional communications tower (e.g., a metal lattice structure), but instead is disguised or concealed in such a fashion as to conform to its surroundings. Examples of such stealth towers include a tower which looks like a tree or a clock tower, or one which is concealed in a church steeple or concrete silo.

The Township Commissioners may waive the stealth tower requirement where the applicant can demonstrate that the requirement is not necessary to protect the health, safety and welfare, considering items such as impact on surrounding and abutting property values; height; screening; number of uses per tower, including public uses; location; and actual setbacks.

Setbacks from base of antenna support structure. If a new antenna support structure is constructed (as opposed to mounting the antenna on an existing structure), the minimum distance between the base of the support structure or any guy wire anchors and any property line shall be the largest of the following:

One hundred percent of antenna height.

The minimum setback in the underlying zoning district.

Fifty feet minimum.

Fencing. A fence shall be required around the antenna support structure and other equipment, unless the antenna is mounted on an existing structure. The fence shall be a minimum of eight feet in height.

Landscaping. The following landscaping shall be required to screen as much of the support structure as possible, the fence surrounding the support structure, and any other ground-level features (such as a building), and in general soften the appearance of the cell site. Aleppo Township may permit any combination of existing vegetation, topography, walls, decorative fences or other features instead of landscaping, if they achieve the same degree of screening as the required landscaping. If the antenna is mounted on an existing structure, and other equipment is housed inside an existing structure, landscaping shall not be required.

An evergreen screen shall be required to surround the site. The screen can be either a hedge (planted three feet on center maximum) or a row of evergreen trees (planted 10 feet on center maximum). The evergreen screen shall be a minimum height of six feet at planting and shall grow to a minimum of 15 feet at maturity.

In addition, existing vegetation on and around the site shall be preserved to the greatest extent possible.

In order to reduce the number of antenna support structures needed in the community in the future, the proposed support structure shall be required to accommodate other users, including other communications companies, and local police, fire, ambulance services and municipal authority and road departments. In addition, a linear two-mile separation shall be maintained between communications towers, measured from the base of the support structure.

The communications company must demonstrate that it is licensed by the Federal Communications Commission.

An antenna support structure under 200 feet in height should be painted silver or have a galvanized finish retained, in order to reduce the visual impact. Support structures may be painted green up to the height of nearby trees. Support structures near airports shall meet all Pennsylvania Department of Transportation, Bureau of Aviation and Federal Aviation Administration regulations. No antenna support structure may be artificially lighted, except as provided for and required by the Pennsylvania Department of Transportation, Bureau of Aviation and FAA. See also § 400-29.

A land development plan shall be required for all tower sites, showing the antenna, antenna support structure, building, fencing, buffering, access to public rights-of-way, and all other items required in Chapter 350, Subdivision and Land Development. The site plan shall not be required if the antenna is to be mounted on an existing structure.

The applicant shall submit certification from a Pennsylvania-registered professional engineer that any proposed communications tower will be designed and constructed in accordance with the current Structural Standards for Steel Antenna Towers and Antenna Supporting Structures, published by the Electrical Industrial Association/Telecommunications Industry Association, and applicable Township building codes.

The applicant shall submit a copy of its current Federal Communications Commission license; the name, address and emergency telephone number for the operator of the communications tower; and a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence, covering the communications tower and any communications antenna located thereon, at his or her cost.

If a communications tower remains unused for a period of 12 consecutive months, the owner or operator shall dismantle and remove the communications tower within six months of the expiration of such twelve-month period.

In granting the use, the Commissioners may attach reasonable conditions warranted to protect the public health, safety and welfare, including, but not limited to, location, fencing, screening, increased setbacks and the right to use said facilities for public purposes.

All approvals will be only for specific facilities set forth in the application. No additions or alterations thereto will be permitted without a new application.

§ 400-27 Natural Resource Protection Overlay.

Purpose. The Natural Resource Protection Overlay is hereby established in order to provide for the following:

Protect the public health and safety by mitigating potential hazards such as land subsidence that may arise due to the inappropriate development of lands with sensitive natural resources.

Safeguard the public welfare by guiding future development patterns to prevent potential impacts on the region's water and stream quality.

Preserve the public health, safety and welfare by protecting private property from potential damages that may occur due to uncontrolled development of lands with sensitive natural resources.

Promote and protect the community's existing level of quality of life by restricting development that could alter the quality and availability of groundwater.

Intent.

The Natural Resource Protection Overlay provides a rational methodology for:

Inventorying, mapping and evaluating the carrying capacity of a lot based on the existing natural resources found on said lot.

Establishing standards to define and determine the amount of development that a lot can reasonably support. The net buildable area, as determined by this overlay process, is the total acreage and general location(s) of permitted disturbance on a lot. Disturbance includes the portions of a lot where grading, construction activities and, subsequently, development occur.

The use of the Natural Resource Protection Overlay process is intended to enable:

Developers to identify, early in the development process, the lot's development capacity and, subsequently, its development opportunities.

Protection of persons and lots from hazards resulting from the inappropriate development of land in areas that contain sensitive existing natural resources.

Applicability.

For the purpose of carrying out the provisions of this chapter, a natural resource protection analysis shall be completed and submitted as part of any land development, subdivision or planned residential development within the boundary of the Natural Resource Protection Overlay, except as otherwise stated in § 400-31.

The natural resource protection analysis shall be completed on the official Township forms provided by the Township Zoning Officer. The official forms required by this article and other applicable analyses defined by the Township shall be completed and submitted as part of any application for land development (tentative approval).

Existing natural resources.

This chapter protects specific natural resources that are sensitive to development. These existing natural resources include:

Steep slopes;

Floodplains and floodways;

Springs;

Vernal pools;

Wetlands;

Hydric soils;

Natural drainageways;

Lakes/water bodies;

Colluvial soils; and

Red bed soils.

Refer to the following agencies for information regarding previous land disturbances of a lot. Additional contact information is available at the Municipal Building; however, the applicant is responsible for contacting or referencing all sources, listed below or otherwise, to obtain information related to the assessment of existing natural and cultural resources.

Commonwealth of Pennsylvania Natural Diversity Inventory (PNDI);

Bureau of Topographic and Geologic Survey;

Pennsylvania Department of Environmental Protection, Southwest Regional Offices;

Allegheny County Division of Computer Sciences Geographic Information Systems Groups;

Pennsylvania Historical and Museum Commission; and

National Wetland Inventory.

Initial development ratios.

Protection of the Township's existing natural resources is governed by the development ratio for each sensitive existing natural resource. Initial development ratios represent the maximum amount of disturbance or alteration that a sensitive existing natural resource can sustain without posing a hazard to persons or a lot. Development ratios are specific to the existing natural resources and are further affected by the slope of the natural topography where a sensitive existing natural resource may be found.

For the purposes of this article, slopes used in Table 2, Resource Protection Worksheet, shall be at least 25 feet in length, measured on a horizontal plane.

Analysis procedures and implementation.

The natural resource protection analysis is designed to determine the location and amount of development permitted within any given lot or contiguous lots under common ownership or control, which shall be determined in the following manner:

Create a one-inch-equals-one-hundred-feet-scale slope map based on a contour interval of not more than five feet where the slope is greater than 15% and at intervals of not more than two feet where the slope is 15% or less. The slope map shall delineate the location and extent of the following four slope categories:

Zero to 15%;

[2]

Greater than 15% to 25%;

[3]

Greater than 25% to 40%; and

[4]

Greater than 40%.

Inventory floodways and wetlands/hydric soils.

Inventory natural drainageways and lakes/water bodies, including all land within 50 feet of the center line of any natural drainageways or 50 feet of the normal pool elevation of any lakes or water bodies, whichever is greater.

Inventory natural springs and vernal pools, including all land within 50 feet of the waterline as established from a normal pool elevation.

Inventory any areas containing colluvial soils and red bed soils.

Indicate the location and extent of the existing natural resources defined on the slope map. Each existing natural resource shall be uniquely illustrated on the slope map.

Official copies of Table 2, Resource Protection Worksheet, of this chapter, as available through the Township, shall be completed to determine the initial net buildable area of the lot.

Table 2: Resource Protection Worksheet
Sensitive Existing Conditions			Gross Lot/ Site Area (acres)	Permitted Disturbance Ratio		Net Buildable Area (acres)
Line 1	All floodplains, wetlands, and hydric soils		_____	x	0.0	=	_____
Line 2	All lakes and water bodies; and natural drainageways/streams		_____		0.0	=	_____
Line 3	All springs and vernal pools (including 100-foot buffer)		_____	x	0.0	=	_____
Line 4	Colluvial soils and red beds on slopes:	<25%	_____	x	0.4	=	_____
		>25%	_____	x	0.1	=	_____
Line 5	Other areas on slopes 0% to 25% not calculated as part of Lines 1 through 4 above		_____	x	1.0	=	_____
Line 6	Other areas on slopes >25% but <40% not calculated as part of Lines 1 through 4 above		_____	x	0.4	=	_____
Line 7	Other areas on slopes >40% not calculated as part of Lines 1 through 4 above		_____	x	0.1	=	_____
Line 8	Sum of lines 1 + 2 + 3 + 4 + 5 + 6 + 7		_____ (Total gross lot/site area)				_____ (Total net buildable area)

The layout of all proposed buildings, structures, streets and utilities shall occur only within the portions of a lot that do not contain sensitive existing natural resources documented as part of this article, as well as determined by the Township as represented by the individual permitted disturbance ratios and the total net buildable area (Table 2, Resource Protection Worksheet).

Net buildable area increases.

Purpose. To promote the efficient use of land, infrastructure and economic resources; to provide development flexibility; and to enhance development quality and longevity, two methods of increasing the net buildable area of a lot shall be available to a developer and/or landowner. Net buildable area increases shall be granted in return for development enhancements. The two methods include the following:

Stormwater runoff reduction measures;

Green roof construction.

Applicability.

Net buildable area increases shall be permitted only in areas located on slopes between 0% and 25% in gradient. Net buildable area increases shall utilize the existing natural resources in reverse order of sensitivity in accordance with Table 2, Resource Protection Worksheet, of this section, whereas least sensitive resource areas shall be utilized first.

A developer and/or landowner may incorporate one or more of the methods outlined in Subsection G(3) to a land development plan.

When multiple methods are combined, the net buildable area increase shall be cumulative. However, the combined total net buildable area increase shall not exceed the lot's area containing colluvial soils and red beds located on slopes between 0% and 25% in gradient.

Net buildable area increases shall occur on the same lot where the development enhancement(s) are provided.

Prior to receiving Planning Commission approval of a green-roof-related buildable area increase, the developer and/or landowner shall complete a preliminary and/or final slope stability investigation report in conformance with Township standards.

Methods.

Stormwater runoff reduction measures. Upon incorporating any two of the following stormwater runoff reduction measures into a land development, a developer and/or landowner shall receive a maximum ten-percent net buildable area increase. No preliminary or final slope stability investigation report shall be required to obtain the ten-percent net buildable area increase.

Provide area(s) for groundwater recharge through on-site stormwater infiltration for an amount of impervious area equal to one times the net buildable area increase. The minimum required recharge volume shall be equal to 1.5 inches of runoff for the area defined.

[2]

Preserve existing trees whose combined canopy area is equal to one times the net buildable area increase. A preserved tree shall be a minimum of 10 inches in diameter at breast height (dbh).

[3]

Install additional landscaping area(s) equal to 1.5 times the net buildable area increase. This additional landscaping may be used to treat any cut or fill slopes; to increase the habitat value of any on-site stormwater management facility; to reestablish streamside buffers or for other on-site uses. Lawn or turf areas shall not constitute additional landscaping.

[4]

Utilize porous pavement to reduce stormwater runoff. Porous paving, with proof by engineering calculation/soils analysis, may be used if the developer/landowner can demonstrate that this method will produce zero increased stormwater runoff. The Township shall review proposed design and engineering of the pavement to verify construction is in accordance with acceptable industry standards and the United States Environmental Protection Agency's (EPA) Porous Pavements Phase I — Design and Operational Criteria.

[5]

Propose on-site environmental mitigation of equal or greater environmental value. Mitigation shall include but may not be limited to the removal of landfilled hazardous materials, the remediation and treatment of abandoned mine drainage, or the establishment of equality wetlands. When such mitigation measures are proposed, the Township shall review the proposed mitigation measures and shall make a recommendation on the relative value of the proposed mitigation to the Planning Commission and the Board of Commissioners.

Green roof construction.

A developer and/or landowner that utilizes green roof construction in a building design may receive a buildable area increase equal to a maximum of 40% of the total surface area of the green roof.

[2]

Green roof construction shall be in accordance to the standards defined by the United States Green Building Council's Leadership in Energy and Environmental Design (LEED) Program.

[3]

All green roofs shall be incorporated into the principal building of the lot.

§ 400-28 Cluster lot development.

Cluster lot development shall be permitted only within the boundaries of the Natural Resource Protection Overlay.

No portion of any cluster lot development shall be outside the boundary of the Natural Resource Protection Overlay.

If a lot is situated in such a manner that only a portion of that lot is within the Natural Resource Protection Overlay, only that portion located within the overlay may utilize cluster lot development as described in this section.

In no case may a lot contain more units than is prescribed by the base zoning district's maximum density regulations.

Cluster lot development is voluntary and not required. However, if a developer and/or landowner does not wish to utilize the cluster development regulations, the net density for a development contained within the boundaries of the Natural Resource Protection Overlay shall be calculated by multiplying the buildable area, as defined by the Natural Resource Protection Worksheet, by the permitted density stated within the applicable base zoning district regulations.

Bulk requirements.

Cluster lot developments shall utilize the development standards in the table below as to net density, minimum lot area, minimum lot frontage and minimum setbacks:

Table 3: Cluster Development
	Aleppo
	R-1 Sewer	R-1 Septic	R-2 Sewer	R-2 Septic	R-3 Sewer	R-3 Septic
Net density (units/acre)	5.6	3	6.7	3	3	1.6
Minimum lot area (square feet)	7,800	14,500	6,500	14,500	14,500	28,000
Minimum lot frontage (units/acre)	70	65	SFR - 65 Dup - 80 Twnhs - 120	SFR - 65 Dup - 80 Twnhs - 130	SFR - 65 Dup - 80 Mob. Prk - 120	SFR - 80 Dup - 100 Mob. Prk - 120
Setbacks (front/side/ rear)	25/10/40	30/10/40	SFR - 25/10/35 Dup - 25/10/25 Twnhs - 25/5/10	SFR - 35/10/35 Dup - 25/15/25 Twnhs - 25/15/25	SFR - 35/10/35 Dup - 25/15/25 Twnhs - 25/15/25	40/15/40

Flag lots shall be permitted where necessary to provide ingress/egress access within a cluster development.

A flag lot shall meet minimum lot frontage requirements no further than 100 feet from the roadway in which it gains its access. The pole portion of a flag lot shall not be less than 50 feet in width in order to provide adequate spacing for driveways.

The front setback requirement for flag lots shall be measured at the point where the lot meets the minimum lot frontage requirement.

Culs-de-sac shall be permitted to access cluster developments within the Natural Resource Protection Overlay boundaries. Roadways ending in a cul-de-sac shall be no longer than 800 feet in length.

The balance of the land not utilized for residential lots shall be reserved as common open space. Ownership of the common open space shall be determined prior to final application approval.

§ 400-29 Airport Hazard Overlay.

Purpose. The Airport Hazard Overlay is established to create an airport district overlay that considers safety issues around the Pittsburgh International Airport, regulates and restricts the heights of constructed structures and objects of natural growth, creates appropriate zones, establishing the boundaries thereof and providing for changes in the restrictions and boundaries of such zones, creates the permitting process for use within said zones and provides for enforcement, assessment of violation penalties, an appeals process, and judicial review.

Airport hazard areas are indicated on the Airport Hazard Overlay adopted as part of this chapter may be found on file in the Township Municipal Building.

Permit applications. As regulated by Act 164[1] and defined by 14 CFR § 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 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 in Subsection D. No notice or review under this section is required for any of the following construction or alterations:

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.

Any antenna structure of 20 feet or less in height, except one that would increase the height of another antenna structure.

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.

Any construction or alteration for which notice is required by any other FAA regulation.

Editor's Note: See 74 Pa.C.S.A. § 5101 et seq.

Variances.

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:

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.

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 in Subsection G, Obstruction marking and lighting.

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.