[Ord. 1993-1, 3/1/1993, § 1]
1. This Part shall be known and may be cited as the "Londonderry Township
Airport Zoning Ordinance."
2. 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 the Harrisburg International
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
Harrisburg International Airport height limitation and zoning district
map which is incorporated herein and made part of this Part; providing
for enforcement; establishing a board of appeals or adjustment; and
imposing penalties.
[Ord. 1993-1, 3/1/1993, § 2]
This Part is adopted pursuant to the authority conferred by
1984 Pa. Laws 164, codified at 74 Pa. Cons. Stat. § 5101
et seq. It is hereby found that an obstruction has the potential for
endangering the lives and property of users of the Harrisburg International
Airport, and property or occupants of land in its vicinity; that an
obstruction may affect existing and future instrument approach minimums
of the Harrisburg International 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
Harrisburg International Airport and the public investment therein.
Accordingly, it is declared:
A. That the creation or establishment of an obstruction has the potential
of being a public nuisance and may injure the region serviced by the
Harrisburg International Airport.
B. 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.
C. That the prevention of these obstructions should be accomplished,
to the extent legally possible, by the exercise of the police power without compensation.
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
or lighting of obstructions are public purposes for which a political
subdivision may raise and expend public funds and acquire land or
interests in land.
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[Ord. 1993-1, 3/1/1993, § 3]
The following words and phrases when used in this Part shall
have the meaning given to them in this Section unless the context
clearly indicates otherwise:
AIRCRAFT
Any contrivance, except an unpowered hang glider or parachute,
used for manned ascent into or flight through the air.
AIRPORT (HARRISBURG INTERNATIONAL AIRPORT)
Any area of land or water which is used, or intended to be
used, for the landing and takeoff of aircraft and any appurtenant
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.
AIRPORT HAZARD
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. Cons. Stat. § 5102.
AIRPORT HAZARD AREA
Any area of land or water upon which an airport hazard might
be established if not prevented as provided for in this Part and Act
164 of 1984 (Pennsylvania Laws Relating to Aviation).
APPROACH SURFACE
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 § 2004 of this Part. In plan,
the perimeter of the approach surface coincides with the perimeter
of the approach surface zone.
CONICAL SURFACE
A surface extending outward and upward from the periphery
of the horizontal surface at a slope of 20 to one for a horizontal
distance of 4,000 feet.
DEPARTMENT
Pennsylvania Department of Transportation.
FAA
Federal Aviation Administration of the United States Department
of Transportation.
HEIGHT
For the purpose of determining the height limits in all zones
set forth in this Part and shown on the zoning map, the datum shall
be mean sea level elevation unless otherwise specified.
HORIZONTAL SURFACE
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.
LARGER THAN UTILITY RUNWAY
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.
NONCONFORMING USE
Any preexisting structure, object of natural growth, or use
of land which is inconsistent with the provisions of this Part or
an amendment thereto.
NONPRECISION INSTRUMENT RUNWAY
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.
OBSTRUCTION
Any structure, growth, or other object, including a mobile
object, which exceeds a limiting height set forth in § 2004
of this Part. This may include, but is not limited to, smoke stacks,
flag poles, elevated towers, radio station towers, antennae or buildings.
PERSON
Any individual, firm, partnership, corporation, company,
association, joint stock association, or governmental entity; including
a trustee, a receiver, an assignee or a similar representative of
any of them.
PRECISION INSTRUMENT RUNWAY
A runway having an existing instrument approach procedure
utilizing an instrument landing system (ILS) or a precision 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.
PRIMARY SURFACE
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 § 2004 of this
Part. The elevation of any point on the primary surface is the same
as the elevation of the nearest point on the runway center line.
PRIVATE AIRPORT
An airport which is privately owned and which is not open
or intended to be open to the public as defined in 74 Pa. Cons. Stat.
§ 5102.
PUBLIC AIRPORT
An airport which is either publicly or privately owned and
which is open to the public as defined in 74 Pa. Cons. Stat. § 5102.
RUNWAY
A defined area on an airport prepared for landing and takeoff
of aircraft along its length.
STRUCTURE
An object, including a mobile object, constructed or installed
by man including, but without limitation, buildings, towers, cranes,
smokestacks, earth formations and overhead transmission lines.
TRANSITIONAL SURFACES
These surfaces extend outward at 90° 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 90° angles to the
extended runway center line.
TREE
Any object of natural growth.
UTILITY RUNWAY
A runway that is constructed for and intended to be used
by propeller drive aircraft of 12,500 pounds maximum gross weight
or less.
VISUAL RUNWAY
A runway intended solely for the operation of aircraft using
visual approach procedures.
[Ord. 1993-1, 3/1/1993, § 4]
In order to carry out the provisions of this Part, there are
hereby created and established certain zones which include all the
land lying beneath the approach surfaces as they apply to the Harrisburg
International Airport. Such zones are shown on the Harrisburg International
Airport 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 Part and hereby made
a part hereof and a part of the official Zoning Map of Londonderry
Township as an overlay. 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 width. 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 to 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 outwardly uniformly to a width of 16,000
feet at a horizontal distance of 50,000 feet from the primarily 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 10,000 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 Zones. 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.
[Ord. 1993-1, 3/1/1993, § 5]
Excepts as otherwise provided in this Part, no structure shall
be erected, altered or maintained, and no tree shall be allowed to
grow in any zone created by this Part 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 of 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. Slopes 50 feet outward 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.
F. Transitional Surface Zones. 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 310 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 slopes 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.
G. Horizontal Surface Zone. Established at 150 feet above the established
airport elevation or at a height of 460 feet above mean sea level.
H. 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 660 feet above mean sea level.
I. Excepted Height Limitations. Nothing in this Part 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.
[Ord. 1993-1, 3/1/1993, § 6]
1. Reasonableness. All airport zoning regulations adopted under this
Part shall be reasonable; none shall impose any requirement or restriction
unless it is reasonably necessary to effectuate the purpose of this
Part. In determining what regulations it may adopt, the Board of Supervisors
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.
2. Use Restrictions. Notwithstanding any other provisions of this Part,
no use may be made of land or water within any zone established by
this Part 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 intended to use
the airport.
3. Nonconforming Uses.
A. Regulations Not Retroactive. The regulations prescribed by this Part
shall not be construed to require the removal, lowering or other change
or alteration of any structure or tree not conforming to the regulations
as of the effective date of this Part, or otherwise interfere with
the continuance of any nonconforming use, except as provided in § 2007
(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 Part and is diligently executed.
B. Marking and Lighting. Notwithstanding the preceding provision of
this Section, the owner of any existing nonconforming structure or
tree is hereby required to permit the installation, operation and
maintenance thereon or nearby of such markers and lights as shall
be deemed necessary by the Township Zoning Officer to indicate to
the operators of aircraft in the vicinity of the airport the presence
of such airport obstruction. Such markers and lights shall be installed,
operated and maintained at the expense of the Township.
[Ord. 1993-1, 3/1/1993, § 7]
1. Future Uses. Except as specifically provided subsections (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
therefore 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 Part shall be granted unless a variance has been
approved in accordance with this § 2007(4).
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 limits prescribed for each zone.
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 each approach zone.
C. In the area 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 each transition zone.
In the event a tree or other living thing grows to a height
in excess of the 75 feet limit, the Zoning Officer shall have the
right to order that it be conformed to meet the requirements herein
and in absence of compliance by the owner, the Zoning Officer shall
be entitled to take whatever action is necessary to enforce compliance.
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 Part, 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.
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2. Existing Uses. Before any nonconforming structure may be replaced,
substantially altered or rebuilt or tree allowed to grow higher or
replanted, a permit must be secured from the Township 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 Part or any amendments hereto
or than it is when the application for a permit is made.
3. Nonconforming Uses Abandoned or Destroyed. Whenever the Zoning Officer
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
Part. In the event a natural hazard destroys more than 80% of an existing
nonconforming structure or tree, the applicant may repair, rebuild
or replant the structure or tree to its original height.
4. Variance. 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 Zoning Hearing Board for a variance
from the zoning regulations in question, which shall be submitted
in the zoning variance form of the Township and shall include changes
and plans to scale as part of the application. A variance shall only
be granted after the requirements of § 2008 herein 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 Part. Any variance may
be subject to any reasonable conditions that the Board of Adjusters
may deem necessary to effectuate the purposes of this Part. 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 Part may be considered by the Board of Adjustment unless a
copy of the application has been furnished to the Airport Manager
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 of receipt, the Zoning Hearing Board
may act without such input to grant or deny said application.
5. 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 Part and reasonable under the circumstances,
so condition the permit or variance as to 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.
[Ord. 1993-1, 3/1/1993, § 8]
1. Local Enforcement. It shall be the duty of the Zoning Officer to
administer and enforce the regulations prescribed herein. Applications
for permits and variances shall be made to the Zoning Officer upon
a form published for that purpose. Applications required by this Part
to be submitted to the Zoning Officer shall be promptly considered
and granted or denied within 30 days of proper submission. Application
for action by the Board of Adjustment shall be forthwith transmitted
by the Zoning Officer.
2. Notice to Department. Notwithstanding any other provision of law,
a municipality or board which decides to grant a permit or variance
under this Part 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.
[Ord. 1993-1, 3/1/1993, § 9]
1. Powers. There is hereby created a Board of Adjustment, which shall
be the Zoning hearing Board of Londonderry Township, Dauphin County,
Pennsylvania, to have and exercise the following powers: (1) to hear
and decide appeals from any order, requirement, decision or determination
made by the Zoning Officer in the enforcement of this Part; (2) to
hear and decide special exceptions to the terms of this Part upon
which such Board of Adjustment under such regulations may be required
to pass; and, (3) to hear and decide specific variances.
2. Creation/Members/Removal. Where a Zoning Hearing Board 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 Township Supervisors adopting the regulations and
to be removable by the Supervisors, for cause, upon written charges
and after a public hearing.
3. Governing Rules. The Zoning Hearing Board ("Board") shall adopt rules
for its governance and in harmony with the provisions of this Part.
Meetings of the Board shall be held at the call of the Chairperson
and at such other times as the Board 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 comply
the attendance of witnesses. All hearings of the Board shall be public.
The Board 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 Zoning Officer and on due cause shown.
4. Findings of Fact; Conclusions of Law. The Board shall make written
findings of fact 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 Part.
5. 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 Zoning Officer or to decide in favor
of the applicant on any matter upon which it is required to pass under
this Part, or to effect variation to this Part.
[Ord. 1993-1, 3/1/1993, § 10]
1. Right to Appeal. Any person aggrieved or taxpayer affected by any
decision of the Supervisors or Zoning Officer may appeal to the Zoning
Hearing Board as provided by law.
2. Reasonable Time Requirement. All appeals hereunder must be taken
within a reasonable time as provided by the rules of Act 170, the
Municipalities Planning Code. The Board shall fix a reasonable time
for hearing appeals in accordance with the Municipalities Planning
Code, give public notice and due notice to the parties in interest,
and decide the same within a reasonable time. Reasonable time is hereby
defined as the times set forth in Act 170, the Municipalities Planning
Code of Pennsylvania, as relates to Zoning Hearing Boards. Upon the
hearing, any party may appear in person or by agent or by attorney.
3. Stay of Proceedings. An appeal shall stay all proceedings in furtherance
of the action appealed from unless the Board of Supervisors or Zoning
Officer 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 live or property.
In such case proceedings shall not be stayed otherwise than by order
of the Board or notice to the Board of Supervisors.
4. Power to Reverse, Affirm or Modify Orders. The Board may, in conformity
with the provisions of this Part, reverse or affirm, in whole or in
part, or modify the order, requirement, decision or determination
as may be appropriate under the circumstances.
[Ord. 1993-1, 3/1/1993, § 11]
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 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 Part. In the
case of the purchase of any property or 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.
[Ord. 1993-1, 3/1/1993, § 12]
1. Incorporation. The airport zoning regulations are hereby incorporated
in and made a part of the Zoning Ordinance of Londonderry Township
and shall be administered and enforced in connection therewith.
2. Conflicts. In the event of conflict between any airport zoning regulations
adopted under this Part 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 Board of Supervisors of Londonderry
Township which adopted the airport zoning regulations or by some other
municipality or otherwise, the more stringent limitation or requirement
shall govern and prevail.
[Ord. 1993-1, 3/1/1993, § 13]
Any person aggrieved, or any taxpayer affected, by any decision
of the Zoning Hearing Board 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 tax-payer may
appeal from a decision of a municipality or joint airport zoning board
as provided by law for similar zoning proceedings.
[Ord. 1993-1, 3/1/1993, § 14]
If any of the provisions of this Part or the application thereof
to any person or circumstances are held invalid, such invalidity shall
not affect other provision or application of this Part which can be
given effect without the invalid provisions of this Part are declared
to be severable.
[Ord. 1993-1, 3/1/1993, § 15]
1. Use of Language. Words of any gender used in this Part 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.
2. Use of Captions. The captions or headings of Sections in this Part
are inserted for convenience only, and shall not be considered in
construing the provisions herein if any question of intent should
arise.
[Ord. 1993-1, 3/1/1993, § 16]
1. 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 therefore 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
district justice. If the defendant neither pays no 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 district
justice determining that there has been a violation further determines
that there was a good faith basis for the person, partnership or corporation
violating this Part 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 district justice 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 the municipality whose ordinance has been violated.
2. 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.
3. 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.
[Ord. 1993-1, 3/1/1993, § 17]
1. Notice and Hearings. No airport zoning regulations shall be adopted,
amended or changed except by action of the Board of Supervisors 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.
2. Effective Date. Whereas, the immediate operation of the provisions of this Part is necessary for the preservation of the public health, safety, morals and general welfare, an emergency is hereby declared to exist, and this Part shall be in full force and effect from and after its passage by the municipality and publication and posting as required by Part
17, § 1701.