[HISTORY: Adopted by the Board of Supervisors of the Township
of Union 9-17-2008 by Ord. No. 2008-11. Amendments noted where applicable.]
This chapter shall be known as the "Union Township Airport Zoning
Ordinance."
This chapter shall regulate and restrict the heights to which
structures may be erected or objects of natural growth and otherwise
regulate the use of property in the vicinity of the Finleyville Airport
by creating the appropriate zones and establishing the boundaries
thereof; provide for changes in the restrictions and boundaries of
such zones; define certain terms used herein; refer to the Finleyville
Airport Height Limitation and Zoning District Map[1] which is incorporated in and made part of this chapter;
provide for enforcement, establishing a zoning hearing board; and
impose penalties. This chapter shall be enforced only with approval
from Union Township.
[1]
Editor's Note: A copy of this map is attached to this chapter.
B.Â
It is hereby found that an obstruction has the potential for endangering
the lives and property of users of the Finleyville Airport, aka "Finleyville
Airport, Inc.," aka "Finleyville Airpark" (hereinafter referred to
as "Finleyville Airport") and the property or occupants of land in
its vicinity; that an obstruction may affect existing and future instrument
approach minimums of the Finleyville 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 Finleyville Airport and the public investment therein. Finleyville
Airport is a parcel of land situated in Union Township with flight
patterns that exist in Union Township, Finleyville Borough, Peters
Township and Nottingham Township, and as more particularly described
in DBV 2472, pg. 0112. Accordingly, it is declared:
(1)Â
That the creation or establishment of an obstruction has the potential
of being a public nuisance and may injure the region served by the
Finleyville Airport;
(2)Â
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)Â
That the prevention of these obstructions may be accomplished, to
the extent legally possible, by the exercise of the police power without
compensation, and as currently permitted by law.
C.Â
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 are public purposes for
which a political subdivision may raise and expend public funds and
acquire land or interests in land. The implementation of marking and
lighting of obstructions and costs thereof shall be in compliance
with the Airport Zoning Act.[2] The Township reserves unto itself the right to make decisions
in the best interest of its residents and as permitted by the applicable
law.
[2]
Editor's Note: See 74 Pa.C.S.A. § 5911 et seq.
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 or private airports for public use and excludes
private airports and heliports. Public and private airports are defined
separately in this section.
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, as amended, excluding
those items prior to the adoption of this chapter.
Any area of land or water upon which an airport hazard might
be established if not prevented as provided for in this chapter and
Act 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 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 this chapter.
The Zoning Hearing Board as approved by the Township with
all the rights and regulations as promulgated by the Township.
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 (see attached),
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 and as determined by the appropriate federal
and/or state agencies subsequent to the adoption of this chapter and
to the satisfaction of the Township.
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 this chapter
and subject to the definition of "nonconforming use."
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 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. The expense of removing
any nonconforming use shall be the sole responsibility of the Finleyville
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.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 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.
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 Finleyville
Airport. Such zones are shown on the Finleyville Airport Height Limitation
and Zoning District Map prepared by the Township Engineer, 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.Â
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
continuation of the center line of the runway.
B.Â
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.Â
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.Â
Runway larger than utility with a visibility minimum greater than
1/4 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.Â
Runway larger than utility with a visibility minimum as low as 3/4
mile 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.Â
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.Â
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.[1]
[1]
Editor's Note: A copy of this map is attached to this chapter.
H.Â
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.Â
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.Â
Utility runway visual 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.Â
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.Â
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.Â
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.[1]
E.Â
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.Â
Precision instrument 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.Â
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 1,240 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.Â
Horizontal surface zone. Established at 150 feet above the established
airport elevation or at a height of 25 feet above mean sea level.
I.Â
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 25 feet above mean sea level.[2]
A.Â
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, which shall be at the sole discretion of the Township
Board of Supervisors. In determining what regulations it may adopt,
the Township 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.Â
Use restrictions.
(1)Â
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.
(2)Â
Further, any expansion of the Finleyville Airport must be subject
to the written approval of the Union Township Board of Supervisors
in order to maintain the health, safety and the welfare of the community
in the event the uses of the airport were to change from those presently
in effect and considered in the enactment of this chapter.
C.Â
Nonconforming uses.
(1)Â
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 this
chapter (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.
(2)Â
Marking and lighting. Notwithstanding any other provision of this
chapter, the owner of any existing nonconforming structure or tree
may be required to permit the installation, operation and maintenance
thereon or nearby of such markers and lights as shall be deemed necessary
by the Township 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 Finleyville Airport and as permitted by law.
A.Â
Future uses.
(1)Â
Except as provided in this chapter 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 all necessary permits 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 this chapter.
(a)Â
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 such
zones.
(b)Â
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)Â
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)Â
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.Â
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 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.Â
Nonconforming uses abandoned or destroyed. Whenever the Township
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.Â
Variance.
(1)Â
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. 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 Zoning Hearing Board may deem necessary to effectuate the purposes of this chapter.
(2)Â
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 Zoning
Hearing Board 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 Zoning Hearing Board may act without
such input to grant or deny said application.
E.Â
Hazard marking and lighting. In granting any permit or variance under
this section, the Zoning Hearing 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 or require the person or persons requesting the
permit or variance to install, operate and maintain thereon such markers
and lights at their own expense as may be required by guidelines or
regulations adopted by the FAA and subject to the applicable laws.
A.Â
Local enforcement. It shall be the duty of the Township to administer
and enforce the regulations prescribed herein. Applications for permits
and variances shall be made to the Township Zoning Officer and/or
his designee upon a form created for that purpose. Applications required
by this chapter to be submitted to the Township Zoning Officer and/or
his designee shall be promptly considered and granted or denied. Application
for action by the Zoning Hearing Board shall be forthwith transmitted
by the Township Zoning Officer and/or his designee.[1]
B.Â
Notice to Department. Notwithstanding any other provisions of law,
the municipality 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. The Zoning Hearing Board decision shall
become effective 15 days thereafter.
A.Â
Powers. The Township hereby appoints its Zoning Hearing Board to
exercise the powers expressly provided by this chapter.
B.Â
Governing rules. The Zoning Hearing Board shall adopt rules for its
governance and in harmony with the provisions of this chapter and
as expressly approved by the Township Board of Supervisors.
Any person aggrieved or taxpayer affected by any decision of
the Township Zoning Officer and/or his designee made in the administration
of this chapter may appeal to the Zoning Hearing Board as provided
by the applicable law.
In any case in which it is desired to remove, lower or otherwise terminate a nonconforming structure or use as determined subsequent to the adoption of this chapter, 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 served by it, may acquire by purchase, grant or condemnation, in the manner provided by the law under which the Township is 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. The Township reserves unto itself the sole discretion to utilize any actions necessary for the implementation of this chapter and as more specifically set forth in § 70-13B.
A.Â
In the event of initiation of a takings claim against the Township
based upon the adoption, administration or enforcement of this chapter,
the Township reserves unto itself any right it may possess under the
applicable federal and/or state law as to damages, expenses, etc.
B.Â
In the event that damages, whether pursuant to court order or court-approved
settlement, are assessed as a result of any taking claim against the
Township as result of the implementation of this chapter, the Township
reserves any rights it may possess to seek reimbursement from the
appropriate parties.
A.Â
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.Â
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.
C.Â
Reservation of rights. In the event of any litigation or defacto
taking resulting for the implementation of this chapter, the Township
reserves the right to join any party as permitted by law.
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 taxpayer may
appeal from a decision of a municipality or joint airport zoning board
as provided by law for similar zoning proceedings.
A.Â
Use of language. Words of any gender used in this chapter shall be
construed to include any other gender, and words in the singular shall
be used to include the plural, unless the context otherwise requires.
B.Â
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 arise.
A.Â
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 attorneys' 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 the ordinance 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 attorneys' fees collected for the violation of
zoning ordinances shall be paid over to the municipality whose ordinance
has been violated.
B.Â
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.Â
Nothing contained in this section shall be construed or interpreted
to grant to any person or entity other than the Township the right
to commence any action for enforcement pursuant to this section.
Notice and hearing. No airport zoning regulations shall be adopted,
amended or changed except by action of the Township or the Zoning
Hearing 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 or less than
14 days from the date of the hearing.
