[HISTORY: Adopted by the Board of Supervisors of the Township
of Barrett 11-26-2002 by Ord. No.
129. Amendments noted where applicable.]
This chapter shall be known and cited as the "Barrett Township
Airport Zoning Ordinance."
A.
This chapter is adopted pursuant to the authority conferred by 1984
P.L. 837, No. 164, codified at 74 Pa.C.S.A. § 5101 et seq.
B.
It is hereby found that an obstruction has the potential for endangering
the lives and property of users of the airports in Barrett Township,
and property or occupants of land in its vicinity; that an obstruction
may affect existing and future instrument approach minimums of the
airports; 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 airports and the public investment
therein. Accordingly, it is declared that:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(1)
The creation or establishment of an obstruction has the potential
of being a public nuisance and may injure the region served by the
airports;
(2)
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)
The prevention of these obstructions should be accomplished, to the
extent legally possible, by the exercise of the police power without
compensation.
C.
It is further declared that the prevention of the creation or establishment
of hazards to air navigation, the elimination, removal, alteration
or mitigation of hazards to air navigation, or the marking and lighting
of obstructions are public purposes for which a political subdivision
may raise and expend public funds and acquire land or interests in
land.
The following words and phrases, when used in this chapter,
shall have the meanings given to them in this section unless the context
clearly indicates otherwise:
Any contrivance, except an unpowered hang glider or parachute,
used for manned ascent into or flight through the air. (NOTE: 74 Pa.C.S.A.
§ 5102.)[1]
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 (NOTE: 74 Pa.C.S.A. § 5102).
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.
The highest point of an airport's usable landing area measured
in feet above sea level.
Any structure or object, natural or man-made, or use of land
which obstructs the airspace required for flight or aircraft in landing
or taking off at an airport or is otherwise hazardous as defined by
"airport hazard" in 74 Pa.C.S.A. § 5102.
Any area of land or water upon which an airport hazard might
be established if not prevented as provided for in this chapter and
the Act 164 of 1984 (Pennsylvania laws relating to aviation).[2]
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 § 175-4 of this chapter. In plan, the perimeter of the approach surface coincides with the perimeter of the approach surface zone.
These zones are set forth in § 175-4 of this chapter.
The Barrett Township Zoning Hearing Board. The powers, governing rules, etc., of the Board are set forth in § 175-9 of this chapter.
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.
Pennsylvania Department of Transportation.
Federal Aviation Administration of the United States Department
of Transportation.
For the purpose of determining the height limits in all zones
set forth in this chapter and shown on the Zoning Map, the datum shall
be mean sea level elevation unless otherwise specified.
A horizontal plane 150 feet above the established airport
elevation, the perimeter of which in plan coincides with the perimeter
of the horizontal surface zone.
A runway that is constructed for and intended to be used
by propeller-driven aircraft of greater than 12,500 pounds maximum
gross weight and jet-powered aircraft.
Any preexisting structure, object of natural growth, or use
of land which is inconsistent with the provisions of this chapter
or an amendment thereto.
A runway having an existing instrument approach procedure
utilizing air navigation facilities with only horizontal guidance,
or area-type navigation equipment, for which a straight-in 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 § 175-4 of this chapter.
An individual, firm partnership, corporation, company, association,
joint-stock association, or governmental entity; includes a trustee,
a receiver, an assignee, or a similar representative of any of them.
A runway having an existing instrument approach procedure
utilizing an instrument landing system (ILS) or a 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.
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 § 175-4 of this chapter. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway center line.
An airport which is privately owned and which is not open
or intended to be open to the public as defined in 74 Pa.C.S.A. § 5102.
An airport which is either publicly or privately owned and
which is open to the public as defined in 74 Pa.C.S.A. § 5102.
A defined area on an airport prepared for landing and takeoff
of aircraft along its length.
An object, including a mobile object, construction or installed
by man, including, but without limitation, buildings, towers, cranes,
smokestacks, earth formation and overhead transmission lines. (NOTE:
The definition of "structure" under 74 Pa.C.S.A. § 5102
does not include mobile objects such as cranes or immobile objects
such as earth formations. However, 74 Pa.C.S.A. § 5913(b)
provides that, if adopted, a "more stringent limitation or requirement
shall prevail.")
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 airport (NOTE: Appendix I, a map of typical airport surface zones, is included as an attachment to this chapter and made a part hereof.). Such zones are shown on the Barrett Township Flying Dollar 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 (NOTE: Said map is on file in the Barrett Township offices). An area located in more than one of the following zones is considered to be only in the zone with the more restrictive height limitation. The various zones are hereby established and defined as follows:
A.
Utility Runway Visual Approach Surface Zone. Established beneath
the visual approach surface. The inner edge of this zone coincides
with the width of the primary surface and is 250 feet wide. The zone
expands outward uniformly to a width of 1,250 feet at a horizontal
distance of 5,000 feet from the primary surface. Its center line is
the continuation of the center line of the runway.
B.
Utility Runway 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 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 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. (NOTE: Appropriate runway type and dimension for the width
of the primary surface is set forth in Federal Aviation Regulation
Part 77, Objects Affecting Navigable Airspace, Dimensional Standards
Table, page 19, January, 1975.) 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.
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-foot radii from the
center of each end of the primary surface of each runway and connecting
the adjacent arcs by drawing lines tangent to those arcs. The horizontal
surface zone does not include the approach surface and transitional
surface zones.
I.
Conical Surface Zone. Established beneath the conical surface. This
zone commences at the periphery of the horizontal surface and extends
outward therefrom a horizontal distance of 4,000 feet.
Except as otherwise provided in this chapter, no structure shall
be erected, altered or maintained, and no tree shall be allowed to
grow in any zone created by this chapter to a height in excess of
the applicable height limit herein established for such zone. Such
applicable height limitations are hereby established for each of the
zones in question as follows:
A.
Utility Runway Visual Approach Surface Zone. Slopes 20 feet outward
for each foot upward beginning at the end of and at the same elevation
as the primary surface and extending to a horizontal distance of 5,000
feet along the extended runway center line.
B.
Utility Runway 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 alone 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 1,400 feet above
mean sea level. In addition to the foregoing, when an airport has
a precision instrument runway approach zone, there are established
height limits sloping seven feet outward for each foot upward beginning
at the sides of and at the same elevation as the approach surface,
and extending to where they intersect the conical surface. Where the
precision instrument runway approach zone projects beyond the conical
zone, there are established height limits sloping seven feet outward
for each foot upward beginning at the sides of and at the same elevation
as the approach surface, and extending a horizontal distance of 5,000
feet measured at 90° angles to the extended runway center line.
H.
Horizontal Surface Zone. Established at 150 feet above the established
airport elevation or at a height of 1,550 feet above mean sea level.
I.
Conical Surface Zone. Slopes 20 feet outward for each foot upward
beginning at the periphery of the horizontal surface and at 150 feet
above the established airport elevation and extending to a height
of 350 feet above the established airport elevation or at a height
of 1,750 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 75 feet above the surface of
the land.
A.
Reasonableness. All airport zoning regulations adopted under this
chapter shall be reasonable; none shall impose any requirement of
restriction unless it is reasonably necessary to effectuate the purpose
of this chapter. In determining what regulations it may adopt, each
municipality shall consider, among other factors, the character of
the flying operations expected to be conducted at the airport, the
nature of the terrain within the airport hazard area, the character
of the neighborhood and the uses to which the property to be zoned
is put and adaptable.
B.
Use restrictions. Notwithstanding any other provisions of this chapter,
no use may be made of land or water within any zone established by
this chapter in such a manner as to create electrical interference
with navigational signals or radio communication between the airport
and aircraft, make it difficult for pilots to distinguish between
airport lights and others, result in glare in the eyes of pilots using
the airport, impair visibility in the vicinity of the airport, create
bird strike hazards, or otherwise in any way endanger or interfere
with the landing, takeoff, or maneuvering of aircraft intending to
use the airport.
C.
Nonconforming uses:
(1)
Regulations not retroactive. The regulations prescribed by this chapter shall not be construed to require the removal, lowering, or other change or alteration of any structure or tree not conforming to the regulations as of the effective date of this chapter, or otherwise interfere with the continuance of any nonconforming use, except as provided in § 175-7, 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)
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 Pennsylvania Bureau of Aviation 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 airport.
A.
Future uses.
(1)
Except as specifically provided in Subsection A(1)(a), (b) or (c) hereunder, no material change shall be made in the use of land, no structure shall be erected or otherwise established, and no tree shall be planted in any zone hereby created unless a permit therefor shall have been applied for and granted. Each application for a permit shall indicate the purpose for which the permit is desired, with sufficient particularity to permit it to be determined whether the resulting use, structure, or tree would conform to the regulations herein prescribed. If such determination is in the affirmative, the permit shall be granted. No permit for a use inconsistent with the provisions of this chapter shall be granted unless a variance has been approved in accordance with Subsection D of this § 175-7.
(a)
In the area lying within the limits of the Horizontal Zone and
Conical Zone, no permit shall be required for any tree or structure
less than 75 feet of vertical height above the ground, except when,
because of terrain, land contour, or topographic features, such tree
or structure would extend above the height limits prescribed for such
zones.
(b)
In areas lying within the limits of the approach zones, but
at a horizontal distance of not less than 4,200 feet from each end
of the runway, no permit shall be required for any tree or structure
less than 75 feet of vertical height above the ground, except when,
because of terrain, land contour or topographic features, such tree
or structure would extend above the height limit prescribed for such
approach zones.
(c)
In the areas lying within the limits of the transition zones
beyond the perimeter of the horizontal zones, no permit shall be required
for any tree or structure less than 75 feet of vertical height above
the ground, except when such tree or structure, because of terrain,
land contour, or topographic feature, would extend above the height
limit prescribed for such transition zones.
(2)
Nothing contained in any of the foregoing exceptions shall be construed
as permitting or intending to permit any construction, or alteration
of any structure, or growth of any tree in excess of any of the height
limits established by this chapter, except that no permit is required
to make maintenance repairs to or to replace parts of existing structures
which do not enlarge or increase the height of an existing structure.
B.
Existing uses. Before any nonconforming structure may be replaced,
substantially altered or rebuilt or tree allowed 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 any obstruction or permit a nonconforming
use, structure, or tree to become a greater hazard to air navigation
than it was on the effective date of this chapter or any amendments
thereto or than it is when the application for a permit is made.
C.
Nonconforming uses abandoned or destroyed. Whenever the Zoning Hearing
Board determines that a nonconforming tree or structure has been abandoned
or more than 80% torn down, physically deteriorated, or decayed, no
permit shall be granted that would allow such structure or tree to
exceed the applicable height limit or otherwise deviate from this
chapter.
D.
Variance. 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 § 175-8 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. 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 from 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 Board of Adjustment may act without such input to grant or deny said application.
E.
Hazard marking and lighting. In granting any permit or variance under
this section, the 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 person or persons requesting the permit or variance to
install, operate and maintain thereon such markers and lights as may
be required by guidelines or regulations adopted by the FAA.
A.
Local enforcement. It shall be the duty of the Barrett Township Zoning
Officer to administer and enforce the regulations prescribed herein.
Applications for permits and variances shall be made to the Zoning
Officer upon a form published for that purpose. Applications required
by this chapter to be submitted to the Zoning Officer shall be promptly
considered and granted or denied. Application for action by the Zoning
Hearing Board shall be forthwith transmitted by the Zoning Officer.
B.
Notice to department. Notwithstanding any other provision of law,
a municipality or board shall notify the Department of Transportation
and FAA prior to deciding to grant a permit or variance under this
chapter. This notice shall be in writing and shall be sent so that
the municipality or board has received the comments of the Department
of Transportation and FAA prior to rendering a decision.
A.
The Barrett Township Zoning Hearing Board is hereby designated and
directed to have and exercise the following powers:
B.
Except as set forth herein, proceedings before the Zoning Hearing Board shall be governed by the rules, regulations and standards set forth in Chapter 525, Zoning, of the Code of the Township of Barrett, as amended.
C.
The Zoning Hearing Board shall, after hearing, make written findings
of fact and conclusions of law, giving the facts upon which it acted
and its legal conclusions from such facts in reversing, affirming
or modifying any order, requirement, decision or determination which
comes before it under the provisions of this chapter.
D.
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 Zoning Officer or decide in favor of the applicant
any matter upon which it is required to pass under this chapter, or
to effect variation to this chapter.
A.
Right of appeal. Any person aggrieved or taxpayer affected by an
decision of the Zoning Officer may appeal to the Zoning Hearing Board
as provided by law.
B.
Reasonable time requirement. All appeals hereunder must be taken
within a reasonable time as provided by the rules of the 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.
C.
Stay of proceedings. An appeal shall stay all proceedings in furtherance
of the action appealed from unless the municipality certifies to the
Board, after the notice of appeal has been filed with it, that, by
reason of the facts stated in the certificate, a stay would in its
opinion cause imminent peril to life or property. In such cases, proceedings
shall not be stayed otherwise than by order of the Board or notice
to the municipality.
D.
Power to reverse, affirm or modify orders. The Zoning Hearing Board
may, in conformity with the provisions of this chapter, reverse or
affirm in whole or in part, or modify the order, requirement, decision,
or determination appealed from and may make such order, requirement,
decision, or determination as may be appropriate under the circumstances.
In any case in which it is desired to remove, lower or otherwise
terminate a nonconforming structure or use, or the approach protection
necessary cannot, because of constitutional limitation, be provided
by airport zoning regulations, or it appears advisable that the necessary
approach protection be provided by acquisition of property rights,
rather than the airport zoning regulations, the municipality within
which the property or nonconforming use is located, or the municipality
or municipal authority owning the airport or served by it, may acquire
by purchase, grant or condemnation, in the manner provided by the
law under which municipalities are authorized to acquire real property
for public purposes, such air right, aviation easement or other estate
or interest in the property or nonconforming structure or use in question
as may be necessary to effectuate the purpose of this chapter. In
the case of the purchase of any property or any easement or estate,
or interest therein, or the acquisition thereof by the power of eminent
domain, the municipality making the purchase or exercising the power
shall, in addition to the damages for the taking, injury or destruction
of property, also pay the cost of the removal and relocation of any
structure or any public utility which is required to be moved to a
new location.
A.
Incorporation. In the event that a municipality has adopted or hereafter
adopts a comprehensive zoning ordinance regulating, among other things,
the height of buildings, any airport zoning regulations applicable
to the same area or portion thereof may be incorporated in and made
a part of the comprehensive zoning regulations and be administered
and enforced in connection therewith.
B.
Conflicts. In the event of conflict between any airport zoning regulations
adopted under this chapter and any other regulations applicable to
the same area, whether the conflict be with respect to the height
of structures or trees, and the use of land, or any other matter,
and whether the other regulations were adopted by the municipality
which adopted the airport zoning regulations or by some other municipality
or otherwise, the more stringent limitation or requirement shall govern
and prevail.
A.
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.
B.
The procedures set forth at 53 P.S. §§ 11001-A through
11006-A shall constitute the exclusive mode of securing review of
any decision rendered by the Zoning Hearing Board.
A.
Use of language. Words of any gender used in this chapter shall be
held and construed to include any other gender, and words in the singular
shall be used to include the plural, unless the context otherwise
requires.
B.
Use of captions. The captions or headings of sections in this chapter
are inserted for convenience only, and shall not be considered in
construing the provisions herein if any question of intent should
arise.
A.
Any person, partnership or corporation who or which has violated
or permitted the violation of the provisions of any zoning ordinance
enacted under this act or prior enabling laws shall, upon being found
liable therefor in a civil enforcement proceeding commenced by a municipality,
pay a judgment of not more than $500 plus all court costs, including
reasonable attorney fees incurred by a municipality as a result thereof.
No judgment shall commence or be imposed, levied or payable until
the date of the determination of a violation by the Magisterial District
Judge. If the defendant neither pays nor timely appeals the judgment,
the municipality may enforce the judgment pursuant to the applicable
rules of civil procedure. Each day that a violation continues shall
constitute a separate violation, unless the Magisterial District Judge
determining that there has been a violation further determines that
there was a good-faith basis for the person, partnership or corporation
violating this chapter to have believed that there was no such violation,
in which event there shall be deemed to have been only one such violation
until the fifth day following the date of the determination of a violation
by the Magisterial District Judge and thereafter each day that a violation
continues shall constitute a separate violation. All judgments, costs
and reasonable attorney fees collected for the violation of zoning
ordinances shall be paid over to the municipality whose ordinance
has been violated.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
The Court of Common Pleas of Monroe County, upon petition, may grant
an order of stay, upon cause shown, tolling the per diem fine pending
a final adjudication of the violation and judgment.
C.
Nothing contained in this section shall be construed or interpreted
to grant to any person or entity other than the municipality the right
to commence any action for enforcement pursuant to this section.
If any of the provisions of this chapter or the application
thereof to any person or circumstances are held invalid, such invalidity
shall not affect other provisions or applications of this chapter
which can be given effect without the invalid provisions of this chapter
and are declared to be severable.
A.
Notice and hearing. No airport zoning regulations shall be adopted,
amended or changed except by action of the municipality 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 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.
B.
Effective date. This chapter shall be in full force and effect five
days after enactment.
