[Ord. 94, 8/13/1991, § 1]
1. This Part shall be known and may be cited as the "Ralpho Township
Airport Zoning."
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 Northumberland 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
Northumberland County Airport Height Limitation and Zoning District
Map which is incorporated in and made a part of this Chapter; providing
for enforcement; establishing a Zoning Hearing Board; and imposing
penalties.
[Ord. 94, 8/13/1991, § 2]
1. This Part is adopted pursuant to the authority conferred by 1984
Pa. Laws 164, codified at 74 Pa. Cons. Stat. §§ 5101
et seq.
2. It is hereby found that an obstruction has the potential for endangering
the lives and property of users of the Northumberland County Airport,
and property or occupants of land in its vicinity; that an obstruction
may affect existing and future instrument approach minimums of the
Northumberland 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
Northumberland County 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 served by the
Northumberland County 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.
3. 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.
[Ord. 94, 8/13/1991, § 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 hangglider or parachute,
used for manned ascent into or flight through the air.
AIRPORT
Northumberland County 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 ELEVATION
Eight hundred eighty-six feet. The highest point of an airport's
usable landing area measured in feet above sea level.
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 Chapter and
the Act 164 of 1984 (Pennsylvania Law 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 § 1004 of this Chapter. In
plan the perimeter of the approach surface coincides with the perimeter
of the approach surface zone.
BOARD OF APPEAL or ADJUSTMENT
A board appointed by the authority adopting these regulations.
The number of members, powers, governing rules, etc., of the Board
are set forth in § 1009 of this Chapter. Joint Airport Zoning
Board is defined in § 1010.
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 Chapter and shown on the zoning map, the data 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 Chapter
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 § 1004
of this Chapter.
PERSON
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.
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 104 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.
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.
STRENGTH
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.
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
surface. 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 driven 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. 94, 8/13/1991, § 4]
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 Northumberland
County Airport. Such zones are shown on the Northumberland County
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 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 add 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 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 a 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. N/A.
H. Horizontal Surface Zone. N/A.
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.
[Ord. 94, 8/13/1991, § 5]
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 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. 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 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 Zones. N/A.
H. Horizontal Surface Zone. N/A.
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 1,236 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 50 feet above the surface of
the land.
[Ord. 94, 8/13/1991, § 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, 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 with 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 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 the pilots
using the airport, impair the 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 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 § 1007
(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.
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 Ralpho Township Code Enforcement 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 Northumberland
County Airport.
[Ord. 94, 8/13/1991, § 7]
1. Future Uses. Except as specifically provided in 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 Chapter shall be granted unless a variance has been approved in accordance with this Section and Subsection
4.
A. In the area lying within the limits of the horizontal zone and conical
cone, 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 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.
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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.
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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
that it was on the effective date of this Chapter of any amendments
thereto or than it is when the application for a permit is made.
3. Nonconforming Uses Abandoned or Destroyed. When the Ralpho Township
Code Enforcement 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 Chapter.
4. Variance.
A. 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 § 1008 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 Adjusters may deem
necessary to effectuate the purposes of this Chapter.
B. The application for a 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 with
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 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 Township,
as 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.
[Ord. 94, 8/13/1994, § 8]
1. Local Enforcement. It shall be the duty of the Ralpho Township Code
Enforcement Officer to administer and enforce the regulations prescribed
herein. Applications for permits and variances shall be made to the
Code Enforcement Officer upon a form published for that purpose. Applications
required by this Chapter to be submitted to the said Code Enforcement
Officer shall be promptly considered and granted or denied. Application
for action by the Board of Adjustment shall be forthwith transmitted
by the said Code Enforcement 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 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.
[Ord. 94, 8/13/1991, § 9]
1. 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, requirements, decision or determination made by the Ralpho
Township Code Enforcement Officer 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.
2. 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.
3. 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 examination and other official actions,
all of which shall immediately be filed in the office of the Ralpho
Township Code Enforcement Officer and on due cause shown.
4. 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.
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 Ralpho Township Code Enforcement
Officer 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.
[Ord. 94, 8/13/1994, § 10]
Where any airport hazard appertaining to an airport is located
outside the territorial limits of the Township 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 Township 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.
[Ord. 94, 8/13/1994, § 11]
1. Right of Appeal. Any person aggrieved or taxpayer affected by any
decision of the Township or joint zoning hearing board may appeal
to the Board of Adjustment as provided by law.
2. Reasonable Time Requirement. All appeals hereunder must be take 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.
3. 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
bee filed with it, that, by reason of the facts stated in the certificate,
a stay would in it opinion cause imminent peril to life or property.
In such cases proceedings shall not be stayed otherwise than be order
of the Board on notice to the Township or joint zoning appeal board.
4. 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, requirements, decision
or determination appealed from and may make such order, requirement,
decision or determination as may be appropriate under the circumstances.
[Ord. 94, 8/13/1991, § 12]
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 be 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.
[Ord. 94, 8/13/1994, § 13]
1. 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.
2. 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 be some other municipality
or otherwise, the more stringent limitation or requirement shall govern
and prevail.
[Ord. 94, 8/13/1994, § 14]
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.
[Ord. 94, 8/13/1991, § 17]
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 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 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 Chapter to have believed that there was no such violation,
in which 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 to 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 constructed 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. 94, 8/13/1994, § 18]
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 Township 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 or less than 14 days from the date
of the hearing.