No building, structure or use shall hereafter be erected or
altered to exceed the height, to accommodate or house a greater number
of families or persons, to occupy a greater percentage of lot area,
or to have a narrower or smaller yard than is herein specified for
the zoning district in which the building, structure or use is located.
No part of a yard or other open space about any building, structure
or use required for the purpose of complying with the provisions of
this chapter shall be included as a part of a yard or open space similarly
required for another building, except when specifically authorized.
Public and private utility lines for the transportation, distribution
and control of water, sewage, gas, electricity, oil, steam, telegraph
and telephone communication lines and their supporting members, other
than buildings, shall not be required to be located in a specific
zoning district.
In the case of cable communications services, the requirements regarding transmission and distribution and placement of lines, specified in Chapter 154, Cable Television, shall be applicable.
In order to prevent the creation of a traffic hazard by limiting
visibility at a street intersection, no structure, building, earthen
bank or vegetation exceeding 3 1/2 feet in height above the finished
paved area at the center of the roadway shall be allowed within the
clear sight triangle on corner lots.
Public utility facilities as defined in this chapter shall be
permitted in all districts, subject to restrictions recommended by
the Planning Commission and approved by the Board of Commissioners
with respect to use, design, yard area, setback and height.
A.
Commercial districts.
(2)
A written statement from the landowner indicating approval of the
temporary use and/or structure shall be provided with the application.
(3)
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.
(4)
All temporary uses and/or structures shall be subject to the following
applicable standards and criteria:
(a)
Approval of temporary uses and/or structures shall be granted
for a time period of one to four weeks within one calendar year;
(b)
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;
(c)
Temporary uses or structures which are authorized for a particular
event shall be removed within 48 hours after the completion of the
event;
(d)
The area proposed for temporary uses and/or structures shall provide off-street parking as required by Article IV;
(e)
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;
(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.
B.
All districts. Temporary construction trailers or offices or sales
offices shall be permitted in any zoning district, subject to the
following conditions:
(1)
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;
(2)
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;
(3)
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;
(4)
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.
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.
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.
A.
Application.
(1)
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.
(2)
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.
(3)
Each applicant shall provide assurance that the conditional use:
(a)
Will not endanger the public health, safety, morals and general
welfare if located where proposed;
(b)
Will not deteriorate the environment or generate nuisance conditions
such as traffic congestion, noise, dust, smoke, glare and vibration;
(c)
Meets all other requirements of this chapter;
(d)
Is an appropriate use on the proposed site as a conditional
use;
(e)
Is consistent with the Comprehensive Plan;
(f)
Is in general conformity and is a compatible use in the neighborhood.
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.
A plot plan, acceptable drawing or survey showing the location of
the fence must be submitted with the building permit application.
B.
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.
C.
Fencing for the purposes of enclosing a garden area shall comply
with all fencing regulations (permit is not required).
D.
Fences in other than the front yard shall not be constructed more
than six feet in height.
E.
No fence shall be constructed more than three feet in height within
the front yard.
F.
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.
G.
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.
H.
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.
I.
Any fence, wall or other barrier that cannot support 105 pounds in
weight without bending, breaking, leaning or moving shall be deemed
insufficiently sturdy.
J.
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.
K.
In any district, fences and/or walls shall not obstruct the clear
sight triangle for vehicular traffic.
L.
No fence and/or wall shall be erected in any public right-of-way.
The following general standards shall apply to all accessory
structures proposed for erection in Aleppo Township:
A.
A building permit shall be required prior to the erection of a permitted
accessory structure.
B.
Home occupations or activities relating to such shall not be housed
in an accessory structure.
C.
Accessory structures shall not be permitted in required front yards.
D.
All accessory structures shall be set back a minimum of 10 feet from
the closest rear and/or side lot boundary line.
The following regulations shall apply to all transmission or
transreceiver facilities proposed for placement in the C-2 Commercial
Industrial District:
A.
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.)
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
G.
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:
H.
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.
I.
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.
(1)
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.
(2)
In addition, existing vegetation on and around the site shall be
preserved to the greatest extent possible.
J.
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.
K.
The communications company must demonstrate that it is licensed by
the Federal Communications Commission.
L.
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.
M.
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.
N.
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.
O.
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.
P.
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.
Q.
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.
R.
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.
A.
Purpose. The Natural Resource Protection Overlay is hereby established
in order to provide for the following:
(1)
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.
(2)
Safeguard the public welfare by guiding future development patterns
to prevent potential impacts on the region's water and stream
quality.
(3)
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.
(4)
Promote and protect the community's existing level of quality
of life by restricting development that could alter the quality and
availability of groundwater.
B.
Intent.
(1)
The Natural Resource Protection Overlay provides a rational methodology
for:
(a)
Inventorying, mapping and evaluating the carrying capacity of
a lot based on the existing natural resources found on said lot.
(b)
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.
(2)
The use of the Natural Resource Protection Overlay process is intended
to enable:
(a)
Developers to identify, early in the development process, the
lot's development capacity and, subsequently, its development
opportunities.
(b)
Protection of persons and lots from hazards resulting from the
inappropriate development of land in areas that contain sensitive
existing natural resources.
C.
Applicability.
(1)
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.
(2)
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).
D.
Existing natural resources.
(1)
This chapter protects specific natural resources that are sensitive
to development. These existing natural resources include:
(2)
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.
(a)
Commonwealth of Pennsylvania Natural Diversity Inventory (PNDI);
(b)
Bureau of Topographic and Geologic Survey;
(c)
Pennsylvania Department of Environmental Protection, Southwest
Regional Offices;
(d)
Allegheny County Division of Computer Sciences Geographic Information
Systems Groups;
(e)
Pennsylvania Historical and Museum Commission; and
(f)
National Wetland Inventory.
E.
Initial development ratios.
(1)
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.
(2)
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.
F.
Analysis procedures and implementation.
(1)
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:
(a)
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:
(b)
Inventory floodways and wetlands/hydric soils.
(c)
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.
(d)
Inventory natural springs and vernal pools, including all land
within 50 feet of the waterline as established from a normal pool
elevation.
(e)
Inventory any areas containing colluvial soils and red bed soils.
(f)
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.
(2)
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)
|
(3)
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).
G.
Net buildable area increases.
(1)
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:
(2)
Applicability.
(a)
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.
(b)
A developer and/or landowner may incorporate one or more of the methods outlined in Subsection G(3) to a land development plan.
(c)
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.
(d)
Net buildable area increases shall occur on the same lot where
the development enhancement(s) are provided.
(e)
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.
(3)
Methods.
(a)
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.
[1]
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.
(b)
Green roof construction.
[1]
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.
A.
Cluster lot development shall be permitted only within the boundaries
of the Natural Resource Protection Overlay.
(1)
No portion of any cluster lot development shall be outside the boundary
of the Natural Resource Protection Overlay.
(2)
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.
(3)
In no case may a lot contain more units than is prescribed by the
base zoning district's maximum density regulations.
B.
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.
C.
Bulk requirements.
(1)
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
|
(2)
Flag lots shall be permitted where necessary to provide ingress/egress
access within a cluster development.
(a)
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.
(b)
The front setback requirement for flag lots shall be measured
at the point where the lot meets the minimum lot frontage requirement.
(3)
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.
(4)
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.
A.
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.
B.
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.
C.
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:
(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.
[1]
Editor's Note: See 74 Pa.C.S.A. § 5101 et seq.
D.
Variances.
(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 in Subsection G, Obstruction marking and lighting.
(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 chapter.
E.
Use restrictions. Notwithstanding any other provisions of this chapter,
no use shall be made of land or water within the Airport District
Overlay 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 Pittsburgh
International Airport.
F.
Preexisting nonconforming uses. The regulations prescribed by this
chapter 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 chapter, 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.
G.
Obstruction marking and lighting. Any permit or variance granted pursuant to the provisions of this chapter may be conditioned according to the process described in Subsection D, Variances, to require the owner of the structure or object of natural growth in question to permit the municipality, 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.