[HISTORY: Adopted by the Board of Supervisors
of the Township of Shirley 4-30-1990 by Ord. No. 1990-1. Amendments noted where
applicable.]
A.
This chapter shall be known and may be cited as the
"Shirley Township Airport Zoning Ordinance."
B.
An ordinance regulating and restricting the height
to which structures may be erected or objects of natural growth, and
otherwise regulating the use of property in the vicinity of Huntingdon
County Airport by creating the appropriate zones and establishing
the boundaries thereof; providing for changes in the restrictions
and boundaries of such zones; defining certain terms used herein;
referring to the Huntingdon County Airport Height Limitation and Zoning
District Map which is incorporated in and made part of this chapter;
providing for enforcement; establishing a Zoning Hearing Board; and
imposing penalties.
A.
This chapter is adopted pursuant to the authority
conferred by 1984 Pa. Laws 164, codified at 74 Pa.C.S.A. § 5101
et seq.
B.
It is hereby found that an obstruction has the potential
for endangering the lives and property of users of Huntingdon County
Airport and property or occupants of land in its vicinity; that an
obstruction may affect existing and future instrument approach minimums
of Huntingdon County Airport; and that an obstruction may reduce the
size of areas available for the landing, takeoff and maneuvering of
aircraft, thus tending to destroy or impair the utility of the Huntingdon
County Airport and the public investment therein. Accordingly, it
is declared:
(1)
That the creation or establishment of an obstruction
has the potential of being a public nuisance and may injure the region
served by the Huntingdon County Airport;
(2)
That it is necessary in the interest of the public
health, safety, morals and general welfare that the creation or establishment
of obstructions that are a hazard to air navigation be prevented;
and
(3)
That the prevention of these obstructions should be
accomplished, to the extent legally possible, by the exercise of the
police power without compensation.
C.
It is further declared that the prevention of the
creation or establishment of hazards to air navigation, the elimination,
removal, alteration or mitigation of hazards to air navigation, or
the marking and lighting of obstructions are public purposes for which
a political subdivision may raise and expend public funds and acquire
land or interests in land.
The following words and phrases when used in
this chapter shall have the meanings given to them in this section
unless the context clearly indicates otherwise:
Any contrivance, except an unpowered hang glider or parachute,
used for manned ascent into or flight through the air.
Any area of land or water which is used, or intended to be
used, for the landing and takeoff of aircraft and any appurtenant
areas 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. As used herein, the term "airport"
includes public airports but excludes private airports and heliports.
Public and private airports are defined separately in this section.
Five hundred sixty feet. The highest point of an airport's
usable landing area measured in feet above sea level.
Any structure or object, natural or man-made, or use of land
which obstructs the airspace required for flight or aircraft in landing
or taking off at an airport or is otherwise hazardous as defined by
"airport hazard" in 74 Pa.C.S.A. § 5102.
Any area of land or water upon which an airport hazard might
be established if not prevented as provided for in this chapter and
the Act of 164 of 1984 (Pennsylvania Laws Relating to Aviation).
A surface longitudinally centered on the extended runway center line, extending outward and upward from the end of the primary surface and at the same slope as the approach surface zone height limitation slope set forth in § 70-4 of this chapter. In plan the perimeter of the approach surface coincides with the perimeter of the approach surface zone.
These zones are set forth in § 70-4 of this chapter.
A surface extending outward and upward from the periphery
of the horizontal surface at a slope of 20 to 1 for a horizontal distance
of 4,000 feet.
Pennsylvania Department of Transportation.
Federal Aviation Administration of the United States Department
of Transportation.
For the purpose of determining the height limits in all zones
set forth in this chapter and shown on the Zoning Map, the datum shall
be mean sea level elevation unless otherwise specified.
A horizontal plane 150 feet above the established airport
elevation, the perimeter of which in plan coincides with the perimeter
of the horizontal surface zone.
A runway that is constructed for and intended to be used
by propeller driven aircraft of greater than 12,500 pounds maximum
gross weight and jet powered aircraft.
Any preexisting structure, object of natural growth, or use
of land which is inconsistent with the provisions of this chapter
or an amendment thereto.
A runway having an existing instrument approach procedure
utilizing air navigation facilities with only horizontal guidance,
or area type navigation equipment, for which a straight-in nonprecision
instrument approach procedure has been approved or planned.
Any structure, growth, or other object, including a mobile object, which exceeds a limiting height set forth in § 70-4 of this chapter.
An individual, firm, partnership, corporation, company, association,
joint-stock association, or governmental entity; includes a trustee,
a receiver, an assignee, or a similar representative of any of them.
A runway having an existing instrument approach procedure
utilizing an Instrument Landing System (ILS) or a Precisions Approach
Radar (PAR). It also means a runway for which a precision approach
system is planned and is so indicated on an approved airport layout
plan or any other planning document.
A surface longitudinally centered on a runway. When the runway has a specially prepared hard surface, the primary surface extends 200 feet beyond each end of that runway. For military runways or when the runway has no specially prepared hard surface, or planned hard surface, the primary surface ends at each end of that runway. The width of the primary surface is set forth in § 70-4 of this chapter. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway center line.
An airport which is privately owned and which is not open
or intended to be open to the public as defined in 74 Pa.C.S.A. § 5102.
An airport which is either publicly or privately owned and
which is open to the public as defined in 74 Pa.C.S.A. § 5102.
A defined area on an airport prepared for landing and takeoff
of aircraft along its length.
An object, including a mobile object, constructed or installed
by man, including, but without limitation, buildings, towers, cranes,
smokestacks, earth formation and overhead transmission lines.
These surfaces extend outward at ninety-degree angles to
the runway center line and the runway center line extended at a slope
of seven feet horizontally for each foot vertically from the sides
of the primary and approach surfaces to where they intersect the horizontal
and conical surfaces. Transitional surfaces for those portions of
the precision approach surfaces, which project through and beyond
the limits of the conical surface, extend a distance of 5,000 feet
measured horizontally from the edge of the approach surface and at
ninety-degree angles to the extended runway center line.
Any object of natural growth.
A runway that is constructed for and intended to be used
by propeller-driven aircraft of 12,500 pounds maximum gross weight
or less.
A runway intended solely for the operation of aircraft using
visual approach procedures.
 |
In order to carry out the provisions of this
chapter, there are hereby created and established certain zones which
include all of the land lying beneath the approach surfaces, transitional
surfaces, horizontal surfaces and conical surfaces as they apply to
the Huntingdon County Airport. Such zones are shown on the Height
Limitation and Zoning District Map prepared by the Pennsylvania Department
of Transportation, Bureau of Aviation, and dated Spring 1989, which
is attached to this chapter and made a part hereof. An area located
in more than one of the following zones is considered to be only in
the zone with the more restrictive height limitation. The various
zones are hereby established and defined as follows:
A.
Utility runway visual approach surface zone. Established
beneath the visual approach surface. The inner edge of this zone coincides
with the width of the primary surface and is 250 feet wide. The zone
expands outward uniformly to a width of 1,250 feet at a horizontal
distance of 5,000 feet from the primary surface. Its center line is
the continuation of the center line of the runway.
B.
Utility runway nonprecision instrument approach surface
zone. Established beneath the nonprecision instrument approach surface.
The inner edge of this zone coincides with the width of the primary
surface and is 500 feet wide. The zone expands outward uniformly to
a width of 2,000 feet at a horizontal distance of 5,000 feet from
the primary surface. Its center line is the continuation of the center
line of the runway.
C.
Runway larger than utility visual approach surface
zone. Established beneath the visual approach surface. The inner edge
of this zone coincides with the width of the primary surface and is
500 feet wide. The zone expands outward uniformly to a width of 1,500
feet at a horizontal distance of 5,000 feet from the primary surface.
Its center line is the continuation of the center line of the runway.
D.
Runway larger than utility with a visibility minimum
greater than 3/4 mile nonprecision instrument approach surface zone.
Established beneath the nonprecision instrument approach surface.
The inner edge of this zone coincides with the width of the primary
surface and is 500 feet wide. The zone expands outward uniformly to
a width of 3,500 feet at a horizontal distance of 10,000 feet from
the primary surface. Its center line is the continuation of the center
line of the runway.
E.
Runway larger than utility with a visibility minimum
as low as 3/4 mile nonprecision instrument approach surface zone.
Established beneath the nonprecision instrument approach surface.
The inner edge of this zone coincides with the width of the primary
surface and is 1,000 feet wide. The zone expands outward uniformly
to a width of 4,000 feet at a horizontal distance of 10,000 feet from
the primary surface. Its center line is the continuation of the center
line of the runway.
F.
Precision instrument runway approach surface zone.
Established beneath the precision instrument approach surface. The
inner edge of this zone coincides with the width of the primary surface
and is 1,000 feet wide. The zone expands outward uniformly to width
of 16,000 feet at a horizontal distance of 50,000 feet from the primary
surface. Its center line is the continuation of the center line of
the runway.
G.
Transitional surface zones. Established beneath the
transitional surfaces adjacent to each runway and approach surface
as indicated on the Height Limitation and Zoning District Map.
H.
Horizontal surface zone. Established beneath the horizontal
surface, 150 feet above the established airport elevation, the perimeter
of which is constructed by swinging arcs of 5,000 feet radii from
the center of each end of the primary surface of each runway and connecting
the adjacent arcs by drawing lines tangent to those arcs. The horizontal
surface zone does not include the approach surface and transitional
surface zones.
I.
Conical surface zone. Established beneath the conical
surface. This zone commences at the periphery of the horizontal surface
and extends outward therefrom a horizontal distance of 4,000 feet.
Except as otherwise provided in this chapter,
no structure shall be erected, altered, or maintained, and no tree
shall be allowed to grow in any zone created by this chapter to a
height in excess of the applicable height limit herein established
for such zone. Such applicable height limitations are hereby established
for each of the zones in question as follows:
A.
Utility runway visual approach surface zone. Slopes
20 feet outward for each foot upward beginning at the end of and at
the same elevation as the primary surface and extending to a horizontal
distance of 5,000 feet along the extended runway center line.
B.
Utility runway nonprecision instrument approach surface
zone. Slopes 20 feet outward for each foot upward beginning at the
end of and at the same elevation as the primary surface and extending
to a horizontal distance of 5,000 feet along the extended runway center
line.
C.
Runway larger than utility visual approach surface
zone. Slopes 20 feet outward for each foot upward beginning at the
end of and at the same elevation as the primary surface and extending
to a horizontal distance 5,000 feet along the extended runway center
line.
D.
Runway larger than utility with a visibility minimum
greater than 3/4 mile nonprecision instrument approach surface zone.
Slopes 34 feet outward for each foot upward beginning at the end of
and at the same elevation as the primary surface and extending to
a horizontal distance of 10,000 feet along the extended runway center
line.
E.
Runway larger than utility with a visibility minimum
as low as 3/4 mile nonprecision instrument approach surface zone.
Slopes 34 feet outward for each foot upward beginning at the end of
and at the same elevation as the primary surface and extending to
a horizontal distance of 10,000 feet along the extended runway center
line.
F.
Precision instrument runway approach surface zone.
Slopes 50 feet outward for each foot upward beginning at the end of
and at the same elevation as the primary surface and extending to
a horizontal distance of 10,000 feet along the extended runway center
line; thence slopes upward 40 feet horizontally for each foot vertically
to an additional horizontal distance of 40,000 feet along the extended
runway center line.
G.
Transitional surface zone. Slopes seven feet outward
for each foot upward beginning at the sides of and at the same elevation
as the primary surface and the approach surface, and extending to
a height of 150 feet above the airport elevation which is 560 feet
above mean sea level. In addition to the foregoing when an airport
has a precision instrument runway approach zone, there are established
height limits sloping seven feet outward for each foot upward beginning
at the sides of and at the same elevation as the approach surface,
and extending to where they intersect the conical surface. Where the
precision instrument runway approach zone projects beyond the conical
zone, there are established height limits sloping seven feet outward
for each foot upward beginning at the sides of and at the same elevation
as the approach surface, and extending a horizontal distance of 5,000
feet measured at 90° angles to the extended runway center line.
H.
Horizontal surface zone. Established at 150 feet above
the established airport elevation or at a height of 710 feet above
mean sea level.
I.
Conical surface zone. Slopes 20 feet outward for each
foot upward beginning at the periphery of the horizontal surface and
at 150 feet above the established airport elevation and extending
to a height of 350 feet above the established airport elevation or
at a height of 910 feet above mean sea level.
J.
Excepted height limitations. Nothing in this chapter
shall be construed as prohibiting the construction or maintenance
of any structure, or growth of any tree, to a height up to 35 feet
above the surface of the land.
A.
Reasonableness. All airport zoning regulations adopted
under this chapter shall be reasonable; none shall impose any requirement
or restriction unless it is reasonably necessary to effectuate the
purpose of this chapter. In determining what regulations it may adopt,
each municipality and joint airport zoning board shall consider, among
other factors, the character of the flying operations expected to
be conducted at the airport, the nature of the terrain within the
airport hazard area, the character of the neighborhood and the uses
to which the property to be zoned is put and adaptable.
B.
Use restrictions. Notwithstanding any other provisions
of this chapter, no use may be made of land or water within any zone
established by this chapter in such a manner as to create electrical
interference with navigational signals or radio communication between
the airport and aircraft, make it difficult for pilots to distinguish
between airport lights and others, result in glare in the eyes of
pilots using the airport, impair visibility in the vicinity of the
airport, create bird strike hazards, or otherwise in any way endanger
or interfere with the landing, takeoff, or maneuvering of aircraft
intending to use the airport.
C.
Nonconforming uses.
(1)
Regulations not retroactive. 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 any nonconforming use, except as provided in § 70-7 (relating to permits and variances). Nothing contained herein shall require any change in the construction, alteration, or intended use of any structure, the construction or alteration of which was begun prior to the effective date of this chapter, and is diligently executed.
A.
Future uses.
(1)
Except as specifically provided in Subsection A(1)(a), (b), or (c) hereunder, no material change shall be made in the use of land, no structure shall be erected or otherwise established, and no tree shall be planted in any zone hereby created unless a permit therefor shall have been applied for and granted. Each application for a permit shall indicate the purpose for which the permit is desired, with sufficient particularity to permit it to be determined whether the resulting use, structure, or tree would conform to the regulations herein prescribed. If such determination is in the affirmative, the permit shall be granted. No permit for a use inconsistent with the provisions of this chapter shall be granted unless a variance has been approved in accordance with Subsection D of this section.
(a)
In the area lying within the limits of the horizontal
zone and conical zone, no permit shall be required for any tree or
structure less than 75 feet of vertical height above the ground, except
when, because of terrain, land contour, or topographic features, such
tree or structure would extend above the height limitations prescribed
for such zones.
(b)
In areas lying within the limits of the approach
zones, but at a horizontal distance of not less than 4,200 feet from
each end of the runway, no permit shall be required for any tree or
structure less than 75 feet of vertical height above the ground, except
when, because of terrain, land contour or topographic features, such
tree or structure would extend above the height limit prescribed for
such approach zones.
(c)
In the areas lying within the limits of the
transition zones beyond the perimeter of the horizontal zones, no
permit shall be required for any tree or structure less than 75 feet
of vertical height above the ground, except when such tree or structure,
because of terrain, land contour, or topographic feature, would extend
above the height limit prescribed for such transition zones.
(2)
Nothing contained in any of the foregoing exceptions
shall be construed as permitting or intending to permit any construction,
or alteration of any structure, or growth of any tree in excess of
any of the height limits established by this chapter, except that
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.
Existing uses. Before any nonconforming structure
may be replaced, substantially altered or rebuilt or tree allowed
grow higher or replanted, a permit must be secured from the municipality
authorizing the replacement or change. No permit shall be granted
that would allow the establishment or creation of an obstruction or
permit a nonconforming use, structure, or tree to become a greater
hazard to air navigation than it was on the effective date of this
chapter or any amendments thereto or than it is when the application
for a permit is made.
C.
Nonconforming uses abandoned or destroyed. Whenever
the Board of Supervisors determines that a nonconforming tree or structure
has been abandoned or more than 80% torn down, physically deteriorated,
or decayed, no permit shall be granted that would allow such structure
or tree to exceed the applicable height limit or otherwise deviate
from this chapter.
D.
Variance.
(1)
Any person desiring to erect any structure or increase the height of any structure or permit the growth of any object of natural growth or otherwise use his property in violation of airport zoning regulations may apply to the Board of Adjustment for a variance from the zoning regulations in question. A variance shall only be granted after the requirements of § 70-8 are satisfied. A variance may be allowed where a literal application or enforcement of the regulations would result in practical difficulty or unnecessary hardship and the relief granted would not be contrary to the public interest but would do substantial justice and would be in accordance with the spirit of the regulations and this chapter. Any variance may be granted subject to any reasonable conditions that the Board of Adjustment may deem necessary to effectuate the purposes of this chapter.
(2)
The application for variance shall be accompanied
by a determination from the Federal Aviation Administration as to
the effect of the proposal on the operation of air navigation facilities
and the safe, efficient use of navigable airspace. Additionally, no
application for variance to the requirements of this chapter may be
considered by the Board of Adjustment unless a copy of the application
has been furnished to the Airport Manager (or person of equivalent
description) for advice as to the aeronautical effects of the variance.
If the Airport Manager (or person of equivalent description) does
not respond to the application within 15 days after receipt, the Board
of Adjustment may act without such input to grant or deny said application.
E.
Hazard marking and lighting. In granting any permit
or variance under this section, the Board shall, if it deems the action
advisable to effectuate the purpose of this chapter and reasonable
under the circumstances, so condition the permit or variance as 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 or persons requesting the permit or variance, to install,
operate and maintain thereon such markers and lights as may be required
by guidelines or regulations adopted by the FAA.
A.
Local enforcement. It shall be the duty of the Board
of Supervisors to administer and enforce the regulations prescribed
herein. Applications for permits and variances shall be made to the
Board of Supervisors upon a form published for that purpose. Applications
required by this chapter to be submitted to the Board of Supervisors
shall be promptly considered and granted or denied. Application for
action by the Board of Adjustment shall be forthwith transmitted by
the Board of Supervisors.
B.
Notice to Department. Notwithstanding any other provision
of law, a municipality or board which decides to grant a permit or
variance under this chapter shall notify the Department of Transportation
of its decision. This notice shall be in writing and shall be sent
so as to reach the Department at least 10 days before the date upon
which the decision is to issue.
A.
Powers. There is hereby created a Board of Adjustment
to have and exercise the following powers:
(1)
To hear and decide appeals from any order requirement,
decision, or determination made by the Board of Supervisors in the
enforcement of this chapter;
(2)
To hear and decide special exceptions to the terms
of this chapter upon which such Board of Adjustment under such regulations
may be required to pass; and
(3)
To hear and decide specific variances.
B.
Creation; members; removal. Where a Zoning Board of
Appeals or Adjustment already exists, it may be appointed as the Board
of Adjustment. Otherwise, the Board shall consist of five members,
each to be appointed for a term of three years by the authority adopting
the regulations and to be removable by the appointing authority, for
cause, upon written charges and after a public hearing.
C.
Governing rules. The Board of Adjustment shall adopt
rules for its governance and in harmony with the provisions of this
chapter. Meetings of the Board of Adjustment shall be held at the
call of the Chairperson and at such other times as the Board of Adjustment
may determine. For conduct of any hearing or taking of any action,
a quorum shall not be less than a majority of all members. The Chairperson
or, in the absence of the Chairperson, the Acting Chairperson may
administer oaths and compel the attendance of witnesses. All hearings
of the Board of Adjustment shall be public. The Board of Adjustment
shall keep minutes of its proceedings showing the vote of each member
upon each question, or if absent or failing to vote, indicating such
fact, and shall keep records of its examinations and other official
actions, all of which shall immediately be filed in the office of
the Board of Supervisors and on due cause shown.
D.
Findings of fact; conclusions of law. The Board of
Adjustment shall make written findings of facts and conclusions of
law giving the facts upon which it acted and its legal conclusions
from such facts in reversing, affirming, or modifying any order, requirement,
decision, or determination which comes before it under the provisions
of this chapter.
E.
Voting. The concurring vote of a majority of the members
of the Board of Adjustment shall be sufficient to reverse any order,
requirement, decision, or determination of the Board of Supervisors
or decide in favor of the applicant on any matter upon which it is
required to pass under this chapter, or to effect variation to this
chapter.
Where any airport hazard appertaining to an
airport is located outside the territorial limits of the municipality
encompassing the airport, all of the municipalities involved may,
by ordinance or resolution, create a Joint Airport Zoning Board which
shall have the same power to adopt, administer and enforce airport
zoning regulations applicable to the airport hazard area in question
as that vested (by the police power) in the municipality within which
the area is located. Each Joint Airport Zoning Board shall have as
members two representatives appointed by each municipality participating
in its creation and, in addition, a Chairman elected by a majority
of the members so appointed.
A.
Right of appeal. Any person aggrieved or taxpayer
affected by any decision of the municipality or Joint Zoning Hearing
Board may appeal to the Board of Adjustment as provided by law.
B.
Reasonable time requirement. All appeals hereunder
must be taken within a reasonable time as provided by the rules of
the Board of Adjustment. The Board shall fix a reasonable time for
hearing appeals, give public notice and due notice to the parties
in interest, and decide the same within a reasonable time. Upon the
hearing, any party may appear in person or by agent or by attorney.
C.
Stay of proceedings. An appeal shall stay all proceedings
in furtherance of the action appealed from unless the municipality
or Joint Zoning Hearing Board certifies to the Board, after the notice
of appeal has been filed with it, that, by reason of the facts stated
in the certificate, a stay would in its opinion cause imminent peril
to life or property. In such cases proceedings shall not be stayed
otherwise than by order of the Board or notice to the municipality
or Joint Zoning Appeal Board.
D.
Power to reverse, affirm or modify orders. The Board
of Adjustment may, in conformity with the provisions of this chapter,
reverse or affirm, in whole or in part, or modify the order, requirement,
decision, or determination appealed from and may make such order,
requirement, decision, or determination as may be appropriate under
the circumstances.
In any case in which it is desired to remove,
lower or otherwise terminate a nonconforming structure or use, or
the approach protection necessary cannot, because of constitutional
limitations, be provided by airport zoning regulations, or it appears
advisable that the necessary approach protection be provided by acquisition
of property rights, rather than by airport zoning regulations, the
municipality within which the property or nonconforming use is located,
or the municipality or municipal authority owning the airport or served
by it, may acquire, by purchase, grant or condemnation, in the manner
provided by the law under which municipalities are authorized to acquire
real property for public purposes, such air right, aviation easement
or other estate or interest in the property or nonconforming structure
or use in question as may be necessary to effectuate the purpose of
this chapter. In the case of the purchase of any property or any easement
or estate, or interest therein, or the acquisition thereof by the
power of eminent domain, the municipality making the purchase or exercising
the power shall, in addition to the damages for the taking, injury
or destruction of property, also pay the cost of the removal and relocation
of any structure or any public utility which is required to be moved
to a new location.
A.
Incorporation. In the event that a municipality has
adopted or hereafter adopts a comprehensive zoning ordinance regulating,
among other things, the height of buildings, any airport zoning regulations
applicable to the same area or portion thereof may be incorporated
in and made a part of the comprehensive zoning regulations and be
administered and enforced in connection therewith.
B.
Conflicts. In the event of conflict between any airport
zoning regulations adopted under this chapter and any other regulations
applicable to the same area, whether the conflict be with respect
to the height of structures or trees, and the use of land, or any
other matter, and whether the other regulations were adopted by the
municipality which adopted the airport zoning regulations or by some
other municipality or otherwise, the more stringent limitation or
requirement shall govern and prevail.
Any person aggrieved, or any taxpayer affected,
by any decision of the Board of Adjustment may appeal to the Court
of Common Pleas as provided by law. In cases where applicable law
does not provide an appeal from a municipality to a board, a person
or taxpayer may appeal from a decision of a municipality or Joint
Airport Zoning Board, as provided by law for similar zoning proceedings.
A.
Use of language. Words of any gender used in this
chapter shall be held and construed to include any other gender, and
words in the singular shall be used to include the plural, unless
the context otherwise requires.
B.
Use of captions. The captions or headings of sections
in this chapter are inserted for convenience only and shall not be
considered in construing the provisions herein if any question of
intent should raise.
A.
Any person, partnership or corporation who or which
has violated or permitted the violation of the provisions of any zoning
ordinance enacted under this act or prior enabling laws shall, upon
being found liable therefor in a civil enforcement proceeding commenced
by a municipality, pay a judgment of not more than $500 plus all court
costs, including reasonable attorney fees incurred by a municipality
as a result thereof. No judgment shall commence or be imposed, levied
or payable until the date of the determination of a violation by the
Magisterial District Judge. If the defendant neither pays nor timely
appeals the judgment, the municipality may enforce the judgment pursuant
to the applicable rules of civil procedure. Each day that a violation
continues shall constitute a separate violation, unless the Magisterial
District Judge determining that there has been a violation further
determines that there was a good faith basis for the person, partnership
or corporation violating this chapter to have believed that there
was no such violation, in which event there shall be deemed to have
been only one such violation until the fifth day following the date
of the determination of a violation by the Magisterial District Judge
and thereafter each day that a violation continues shall constitute
a separate violation. All judgments, costs and reasonable attorney
fees collected for the violation of zoning ordinances shall be paid
over to the municipality whose ordinance has been violated.
B.
The Court of Common Pleas, upon petition, may grant
an order of stay, upon cause shown, tolling the per diem fine pending
a final adjudication of the violation and judgment.
C.
Nothing contained in this section shall be construed
or interpreted to grant to any person or entity other than the municipality
the right to commence any action for enforcement pursuant to this
section.
A.
Notice and hearing. No airport zoning regulations
shall be adopted, amended or changed except by action of the municipality
or the Joint Airport Zoning Board after a public hearing in relation
thereto at which parties in interest and citizens shall have an opportunity
to be heard. The notice shall be published once each week for two
successive weeks in a newspaper of general circulation in the municipality
or municipalities affected. The notice shall state the time and place
of the hearing and the particular nature of the matter to be considered
at the hearing. The first publication shall not be more than 30 days
nor less than 14 days from the date of the hearing.
B.
Effective date. Whereas, the immediate operation of the provisions of this chapter is necessary for the preservation of the public health, safety, morals and general welfare, an emergency is hereby declared to exist, and this chapter shall be in full force and effect from and after its passage by the municipality and publication and posting as required by Subsection A of this section.
