[Ord. No. 2-2009, 11/10/2009]
1.
Short Title. This Part shall be known and may be cited as the "Sugarloaf
Township Airport Hazard Zoning and Regulation Ordinance."
2.
Basis for Part. No portion of the Hazleton Municipal Airport is located
in Sugarloaf Township but a portion of the western nonprecision approach
to the airport, a portion of the transitional surface, and a portion
of the transitional, horizontal and conical surface zones are located
in Sugarloaf Township, all of which, taken together, form an airport
hazard area.
3.
Legal Requirement. The Pennsylvania Airport Zoning Act of 1984 (74
Pa.C.S.A. § 5911 et seq.) requires that every municipality
having an airport hazard area within its territorial limits shall
adopt and enforce airport zoning regulation for such airport hazard
area.
4.
Purpose. The purpose of this Part is to establish an overlay district
which will prevent the creation or establishment of hazards to air
navigation, establish a procedure to regulate the elimination, removal,
alternation or mitigation of hazards to air navigation, and provide
for the marking and lighting of obstructions subject to reasonable
conditions that will protect the public health, safety and welfare.
5.
Location. The specific location of the Overlay District can be found
on the Sugarloaf Township FAR PART 77 ultimate airspace map available
at the Township Municipal Building. Any dispute over actual location
of the Overlay District is to be handled by a determination of the
Sugarloaf Township Zoning Officer.
[Ord. No. 2-2009, 11/10/2009]
1.
This Part is adopted pursuant to the authority conferred by the Airport
Zoning Act of 1984 (74 Pa.C.S.A. § 5911 et seq.).
2.
It is hereby found that obstructions have the potential for endangering
the lives and property of users of the Hazleton Municipal Airport,
and property or occupants of land in its vicinity; that an obstruction
may affect existing and future instrument approach minimums of the
Hazleton Municipal Airport; and that an obstruction may reduce the
size of areas available for the landing, takeoff and maneuvering of
aircraft, thus tending to impair the utility of the Hazleton Municipal
Airport. Accordingly, it is declared:
A.
That the creation or establishment of an obstruction has the potential
of being a public nuisance and a hazard to air navigation in the area
served by the Hazleton Municipal Airport; and
B.
That it is necessary in the interest of the public health, safety,
and general welfare that the creation or establishment of an obstruction(s)
be properly approved and permitted; and
C.
That the prevention of these obstructions should be accomplished,
to the extent legally possible, by the exercise of the police power
without compensation as empowered by the municipality; and
D.
That it is necessary in the best interest of the municipality, all changes, improvements, leases, or modifications within land owned or operated for use of the Hazleton Municipal Airport and within the zoning district location as established by § 27-1301, Subsection 4, obtain the necessary municipal and FAA permits.
3.
It is further declared that the prevention of the creation or establishment
of hazards to air navigation, the elimination, removal, alternation
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. No. 2-2009, 11/10/2009]
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:
Any contrivance, except an unpowered hang glider or parachute,
used for manned ascent into or flight through the air.
Hazleton Municipal Airport; defined as 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, 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.
(1,595.3) Defined as the highest point of an airport's useable
landing area measured in feet above sea level.
Any structure or object, natural or man-made, or use of land
which obstructs the airspace required for flight or aircraft in landing
or taking off at an airport or is otherwise hazardous as defined by
"airport hazard" in 74 Pa.C.S.A. § 5102.
Any area of land or water upon which an airport hazard might
be established if not prevented as provided in this Part and the Act
164 of 1984 (Pennsylvania laws relating to aviation).[1]
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 § 27-1304 of this Part. In plan, the perimeter of the approach surface coincides with the perimeter of the approach surface zone.
These zones are set forth in § 27-1304 of this Part.
Zoning Hearing Board appointed by the authority adopting
these regulations.
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 Part and shown on the Sugarloaf Township FAR PART
77 ultimate airspace map, the datum shall be mean sea level elevation
unless otherwise specified.
A horizontal plane 150 feet above the established airport
elevation, the perimeter of which in plan coincides with the perimeter
of the horizontal surface zone.
A runway that is constructed for and intended to be used
by propeller-driven aircraft of greater than 12,500 pounds maximum
gross weight and jet-powered aircraft.
Any preexisting structure, object of natural growth, or use
of land which is inconsistent with the provisions of this Part or
an amendment thereto.
A runway having an existing instrument approach procedure
utilizing air navigation facilities with only horizontal guidance,
or area-type navigation equipment, for which a straight-in, non-precision
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 § 27-1304 of this Part.
A permit granted by the Sugarloaf Township Board of Supervisors upon review and approval of the Sugarloaf Township Planning Department in accordance with the applicable standards of Chapter 22, Subdivision and Land Development. A permit may also require other third-party approval, including, but not limited to, FAA and zoning.
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 § 27-1304 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.
An airport which is privately owned and which is not open
or intended to be open to the public as defined in 74 Pa.C.S.A. § 5102.
An airport which is either publicly or privately owned and
which is open to the public as defined in 74 Pa.C.S.A. § 5102.
A defined area on an airport prepared for landing and takeoff
of aircraft along its length.
An object, including a mobile object, constructed or installed
by man, including, but without limitation, buildings, towers, cranes,
smokestacks, earth formation and overhead transmission lines.
These surfaces extend outward at ninety-degree angles to
the runway center line and the runway center line extended at a slope
of seven feet horizontally for each foot vertically from the sides
of the primary and approach surfaces to where they intersect the horizontal
and conical surfaces. Transitional surfaces for those portions of
the precision-approach surfaces, which project through and beyond
the limits of the conical surface, extend a distance of 5,000 feet
measured horizontally from the edge of the approach surface and at
ninety-degree angles to the extended runway center line.
Any object of natural growth.
A runway that is constructed for an 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.
[1]
Editor's Note: See 74 Pa.C.S.A. § 5911 et seq.
[Ord. No. 2-2009, 11/10/2009]
1.
In order to carry out the provisions of this Part, 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 Hazleton Municipal
Airport. Such zones are shown on the Hazleton Municipal 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 made a part hereof.[1] An area located in more than one of the following zones
is considered to be only in the zone with the more restrictive height
limitations. 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 Non-Precision Instrument Approach Surface Zone. Established
beneath the non-precision-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 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 Non-Precision-Instrument Approach Surface Zone. Established
beneath the non-precision-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
Non-Precision-Instrument Approach Surface Zone. Established beneath
the non-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 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. Established beneath the transitional
surfaces adjacent to each runway and approach surface as indicated
on the Height Limitation and Zoning District Map.
H.
Horizontal Surface Zone. Established beneath the horizontal surface,
150 feet above the established airport elevation, the perimeter of
which is constructed by swinging arcs of 5,000 feet radii from the
center of each end of the primary surface of each runway and connecting
the adjacent arcs by drawing lines tangent to those arcs. The horizontal
surface zone does not include the approach surface and transitional
surface zones.
I.
Conical Surface Zone. Established beneath the conical surface. This
zone commences at the periphery of the horizontal surface and extends
outward there from a horizontal distance of 4,000 feet.
[1]
Editor's Note: Said map is on file in the Township office.
[Ord. No. 2-2009, 11/10/2009]
1.
Except as otherwise provided in this Part, no new 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 Non-Precision 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 Non-Precision-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
Non-Precision-Instrument Approach Surface Zone. Slopes 34 feet outward
for each foot upward, beginning at the end of and at the same elevation
as the primary surface and extending to a horizontal distance of 10,000
feet along the extended runway center line.
F.
Precision Instrument Runway Approach Surface Zone. Slopes 50 feet
outward for each foot upward, beginning at the end of and at the same
elevation as the primary surface and extending to a horizontal distance
of 10,000 feet along the extended runway center line; thence slopes
upward 40 feet horizontally for each foot vertically to an additional
horizontal distance of 40,000 feet along the extended runway center
line.
G.
Transitional Surface 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 1,595.3 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 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 and at the same elevation
as the approach surface, and extending a horizontal distance of 5,000
feet measured at 90° angles to the extended runway center line.
H.
Horizontal Surface Zone. Established at 150 feet level above the
established airport elevation or at a height of 1,745.3 feet above
mean sea level.
I.
Conical Surface Zone. Slopes 20 feet outward for each foot upward,
beginning at the periphery of the horizontal surface and at 150 feet
above the established airport elevation and extending to a height
of 350 feet above the established airport elevation or at a height
up to 1,943.3 feet above mean sea level.
J.
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 75 feet above the surface of
the land.
[Ord. No. 2-2009, 11/10/2009]
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 and enforce, Sugarloaf
Township and its Zoning Board shall consider, among other factors,
the character of the flying operations expected to be conducted under
conditions present on the effective date of this Part, the nature
of the terrain within the airport hazard area, the character of the
neighborhood and the uses to which the property is zoned.
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
the 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, as determined by FAA.
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 § 27-1307 (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 alternation of which was begun prior to the effective date of this Part, and is diligently executed.
B.
Permit Marking and Lighting. Notwithstanding the preceding provision
of this section, the Hazleton Municipal Airport shall identify any
existing nonconforming structure or tree as of the effective date
of this Part and 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 and/or FAA 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 Hazleton Municipal
Airport or property owner.
4.
Existing Use. The Hazleton Municipal Airport operation and approaches shall be approved by the FAA on the effective date of this Part, subject to all existing nonconforming uses as per § 27-1306, Subsection 3. Protection of air space after the effective date of this Part shall not negatively affect utilization of airport.
[Ord. No. 2-2009, 11/10/2009]
1.
Future Uses.
A.
Except as specifically provided in Subsection 1A(1), (2) or (3) 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 § 27-1307, Subsection 4.
(1)
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 the maximum height as defined by this chapter, except when,
because of terrain, land contour, or topographic features, such tree
or structure would extend above the limits prescribed for such zones.
(2)
In the areas lying within the limits of the approach zones,
but at a horizontal distance of not less then 4,200 feet from each
end of the runway, no permit shall be required for any tree or structure
less than the maximum height as defined by this chapter, 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.
(3)
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 the maximum height as defined
by this chapter, 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.
B.
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.
2.
Existing Uses. Before any nonconforming structure may be replaced,
substantially altered, rebuilt, tree allowed to grow higher, replanted
or tree and/or other obstruction removed, cut, or changed, a permit
must be secured authorizing the replacement or change. No permit shall
be granted that would allow the establishment or creation of an obstruction
or permit 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 thereto or than it is when the application
for a permit is made.
3.
Nonconforming Uses Abandoned or Destroyed. Whenever the Sugarloaf
Township 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.
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. A variance shall only be granted after the requirements of § 27-1308 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 granted subject to any reasonable conditions that the Zoning Hearing Board 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 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.
5.
Hazard Marking and Lighting. In granting any permit or variance under
this section, the Board shall, if it deems action advisable to effectuate
the purpose of this Part and reasonable under the circumstances, so
condition the permit or variance as to require the owner of the structure
or object of natural growth in question to permit the municipality,
at its own expense, or require the person or persons requesting the
permit or variance to install, operate and maintain thereon such markers
and lights as may be required by guidelines or regulations adopted
by the FAA.
[Ord. No. 2-2009, 11/10/2009]
1.
Local Enforcement. It shall be the duty of the Sugarloaf Township
Zoning Officer to administer and enforce the regulations prescribed
herein. Applications for permits and variances shall be made to the
Sugarloaf Township Zoning Officer upon a form published for that purpose.
Applications required by this Part to be submitted to the Sugarloaf
Township Zoning Officer shall be promptly considered and granted or
denied. Application for action by the Zoning Hearing Board shall be
forthwith transmitted by the Sugarloaf Township Zoning Officer.
2.
Notice to Department. Notwithstanding any other provisions of law,
if the municipality decides to grant a permit or variance under this
Part, the applicant shall notify the Department of Transportation
of its decision. This certified 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 zoning decision is to be effective.
[Ord. No. 2-2009, 11/10/2009]
1.
Powers. The Sugarloaf Township Zoning Hearing Board shall have and
exercise the following powers:
A.
To hear and decide appeals from any order, requirement, decision,
or determination made by the Sugarloaf Township Zoning Officer in
the enforcement of this Part;
B.
To hear and decide special exceptions to the terms of this Part upon
which such Zoning Hearing Board under such regulations may be require
to pass; and
C.
To hear and decide specific variances.
2.
Creation/Members/Removal — N/A.
3.
Governing Rules. The Zoning Hearing Board has rules for its governance
and are in harmony with the provisions of this Part. Meetings of the
Zoning Hearing Board shall be held at the call of the Chairperson
and at such other times as the Zoning Hearing 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 compel the attendance of witnesses. All hearings of the
Zoning Hearing Board shall be public. The Zoning Hearing 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 Sugarloaf
Township Zoning Officer and due cause shown.
4.
Findings of Fact/Conclusions of Law. The Zoning Hearing Board 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 Part.
5.
Voting. The concurring vote of a majority of the members of the Zoning
Hearing Board shall be sufficient to reverse any order, requirement,
decision, or determination, of the Sugarloaf Township Zoning Officer
or 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. No. 2-2009, 11/10/2009]
1.
Joint Airport Zoning Board — N/A.
[Ord. No. 2-2009, 11/10/2009]
1.
Right of Appeal. Any person aggrieved or taxpayer affected by any
decision of the municipality 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 the Zoning Hearing
Board. 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 Township or Zoning Hearing
Board certifies, after the notice of appeal has been filed with it,
that, by reason of the facts stated in the certificate, a stay would
in its opinion cause imminent peril to life or property. In such cases,
proceedings shall not be stayed otherwise than by order of the Zoning
Board or notice to the municipality.
4.
Power to Reverse Affirm or Modify Orders. The Zoning Hearing 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 appealed from and may make such order, requirement,
decision, or determining appealed from and may make such order, requirement,
decision, or determination as may be appropriate under the circumstances.
[Ord. No. 2-2009, 11/10/2009]
In any case in which the Hazleton Municipal Airport or other
landowner desires to remove, lower or otherwise terminate a nonconforming
structure or use, or the approach protection necessary cannot, because
of constitutional or other limitations, be provided by this airport
zoning regulation, or it appears advisable that the necessary approach
protection be provided by acquisition of property rights, rather than
airport zoning regulations, the municipality or authority owning the
airport may acquire by purchase, grant or in other manner provided
by the law under which it 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 Part. 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 entity making the purchase of 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.
All acquisition of air rights shall be approved by the Sugarloaf Township
Zoning Hearing Board, followed by the review of the Sugarloaf Township
Planning Department, and approved by the Sugarloaf Township Supervisors.
[Ord. No. 2-2009, 11/10/2009]
1.
Incorporation. In the event that the Township 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 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 other matter, and whether the other
regulations were adopted by the Township which adopted the airport
zoning regulations or some other municipality or otherwise, the more
stringent limitation or requirement shall govern and prevail.
[Ord. No. 2-2009, 11/10/2009]
Any person aggrieved, or any taxpayer affected, by any decision
of the Zoning Hearing Board may appear 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. No. 2-2009, 11/10/2009]
If any of the provisions of this Part or the application therefore
to any person or circumstances are held invalid, such invalidity shall
not affect other provisions or applications of the Part, which can
be given effect without the invalid provisions of this Part, which
are declared to be severable.
[Ord. No. 2-2009, 11/10/2009]
1.
Use of Language. Words of any gender used in the 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. No. 2-2009, 11/10/2009]
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 therefor in a civil enforcement proceeding commenced by a municipality,
pay a judgment of not more than $500, plus all court costs, including
reasonable attorney fees incurred by a municipality as a result thereof.
No judgment shall commence or be imposed, levied or payable until
the date of the determination of a violation by the Magisterial District
Judge. If the defendant neither pays nor timely appeals the judgment,
the municipality may enforce the judgment pursuant to the applicable
rules of civil procedure. Each day that a violation continues shall
constitute a separate violation, unless the Magisterial District Judge
determining that there has been a violation further determines that
there was a good-faith basis for the person, partnership or corporation
violating the ordinance to have believed that there was no such violation,
in which event there shall be deemed to have been only such violation
until the fifth day following the date of the determination of a violation
by the Magisterial District Judge, and thereafter, each day that a
violation continues shall constitute a separate violation. All judgments,
costs and reasonable attorney fees collected for the violation of
zoning ordinances shall be paid over to the municipality whose ordinance
has been violated.
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. No. 2-2009, 11/10/2009]
1.
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.
2.
Effective Date. The immediate operation of the provisions of this Part is necessary for the preservation of the public health, safety, 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 Township and publication and posting as required by § 27-1318, Subsection 1.
