[Added 3-10-2003 by Ord. No. 438]
This article shall be known and may be cited
as the "Tobyhanna Township Airport Zoning Ordinance."
A.
This article is adopted pursuant to the authority
conferred by 1984 Pa. Laws 164, codified at 74 Pa.C.S.A. Stat. § 5101
et seq.
B.
It is hereby found that an obstruction has the potential
for endangering the lives and property of users of the Pocono Mountains
Municipal Airport, hereinafter referred to as "airport," and property
or occupants of land in its vicinity; that an obstruction may affect
existing and future instrument approach minimums of the 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 airport and the public investment therein.
Accordingly, it is declared:
(1)
That the creation or establishment of an obstruction
has the potential of being a public nuisance and may injure the region
served by the airport;
(2)
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)
That 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 interest in land.
The following words and phrases when used in
this article shall have the meaning given to them in this section
unless the context clearly indicates otherwise:
Any contrivance, except an unpowered hangglider or parachute,
used for manned ascent into or flight through the air.
The Pocono Mountains 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,
or intended to be used, for airport buildings or air navigation facilities
or rights-of-way, together with all airport buildings and facilities
thereof. 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 article 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 § 155-146 of this article. In plan the perimeter of the approach surface coincides with the perimeter of the approach surface zone.
These zones are set forth in § 155-146 of this article.
A surface extending outward and upward from the periphery
of the horizontal surface at the 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 article and shown on the Zoning Map within the Code
of the Township of Tobyhanna,[2] 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 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 article
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 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 § 155-146 of this article.
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 § 155-146 of this article. 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 that is privately owned and that is not open or
intended to be open to the public as defined in 74 Pa.C.S.A. § 5102.
An airport that is either publicly or privately owned and
that 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-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
90-degree 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.
[1]
Editor's Note: See 74 Pa.C.S.A. § 5101
et seq.
[2]
Editor's Note: The Zoning Map is included at the end of this chapter.
In order to carry out the provisions of this
article, 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. Such zones are shown as set forth in the airport imaginary
surfaces drawing sheet number 3 from the Pocono Mountains Municipal
Airport layout plans dated April 2002, prepared by McFarland-Johnson,
hereby incorporated into and made a part of this article and the Zoning
District Map of the Code of the Township of Tobyhanna.[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
limitation. The various zones are hereby established and defined as
follows:
A.
Utility runway visual approach surface zone: established
beneath the visual approach surface. The inner edge of this zone coincides
with the width of the primary surface and is 250 feet wide. The zone
expands outward uniformly to a width of 1,250 feet at a horizontal
distance of 5,000 feet from the primary surface. Its center line is
the continuation of the center line of the runway.
B.
Utility runway nonprecision instrument approach surface
zone: established beneath the nonprecision instrument approach surface.
The inner edge of this zone coincides with the width of the primary
surface and is 500 feet wide. The zone expands outward uniformly to
a width of 2,000 feet at a horizontal distance 5,000 feet from the
primary surface. Its center line is the continuation of the center
line of the runway.
C.
Runway larger than utility visual approach surface
zone: established beneath the visual approach surface. The inner edge
of this zone coincides with the width of the primary surface and is
500 feet wide. The zone expands outward uniformly to a width of 1,500
feet at a horizontal distance of 5,000 feet from the primary surface.
Its center line is the continuation of the center line of the runway.
D.
Runway larger than utility with a visibility minimum
greater than 3/4 mile nonprecision instrument approach surface zone:
established beneath the nonprecision instrument approach surface.
The inner edge of this zone coincides with the width of the primary
surface and is 500 feet wide. The zone expands outward uniformly to
a width of 3,500 feet at a horizontal distance of 10,000 feet from
the primary surface. Its center line is the continuation of the center
line of the runway.
E.
Runway larger than utility with a visibility minimum
as low as 3/4 mile nonprecision instrument approach surface zone:
established beneath the nonprecision instrument approach surface.
The inner edge of this zone coincides with the width of the primary
surface and is 1,000 feet wide. The zone expands outward uniformly
to a width of 4,000 feet at a horizontal distance of 10,000 feet from
the primary surface. Its center line is the continuation of the center
line of the runway.
F.
Precision instrument runway approach surface zone:
established beneath the precision instrument approach surface. The
inner edge of this zone coincides with the width of the primary surface
and is 1,000 feet wide. The zone expands outward uniformly to a width
of 16,000 feet at a horizontal distance of 50,000 feet from the primary
surface. Its center line is the continuation of the center line of
the runway.
H.
Horizontal surface zone: established beneath the horizontal
surface, 150 feet above the established airport elevation, the perimeter
of which is constructed by swinging arcs of 10,000 feet radii from
the center of each end of the primary surface of each runway and connecting
the adjacent arcs by drawing lines tangent to those arcs. The horizontal
surface zone does not include the approach surface and transitional
surface zones.
I.
Conical surface 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.
[1]
Editor's Note: The airport imaginary surfaces
drawing sheet No. 3 and the Zoning Map are included at the end of
this chapter.
A.
Except as otherwise provided in this article, no structure
shall be erected, altered, or maintained, and no tree shall be allowed
to grow in any zone created by this article 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:
(1)
Utility runway visual approach surface zone: slopes
20 feet outward for each foot upward beginning at the end of an at
the same elevation as the primary surface and extending to a horizontal
distance of 5,000 feet along the extended runway center line.
(2)
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.
(3)
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.
(4)
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.
(5)
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.
(6)
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.
(7)
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 1,916 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 (7) 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.
(8)
Horizontal surface zone: established at 150 feet above
the established airport elevation or at a height of 1,916 feet above
mean sea level.
(9)
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 2,266 feet above mean sea level.
(10)
Excepted height limitations. Nothing in this
article shall be construed as prohibiting the construction or maintenance
of any structure or growth of any tree so long as the height requirements
comply with any applicable provision of the Code of the Township of
Tobyhanna.
A.
Reasonableness. All airport zoning regulations adopted
under this article shall be reasonable; none shall impose any requirement
or restriction unless it is reasonably necessary to effectuate the
purpose of this article. In determining what regulations it may adopt,
each municipality and Joint Airport Zoning Board shall consider, among
other factors, the character of the flying operations expected to
be conducted at the airport, the nature of the terrain 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 article, no use may be made of land or water within any zone
established by this article 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 article 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 article, or otherwise interfere with the continuance of any nonconforming use, except as provided in § 155-149 (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 article, 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 Pocono Mountains Municipal Airport Authority
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
Pocono Mountains Municipal Airport Authority.
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 any determination is in the affirmative, the permit shall be granted. No permit for a use inconsistent with the provisions of this article shall be granted unless a variance has been approved in accordance with this § 155-149D.
(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 seventy-five feet to 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 seventy-five
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 article, 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 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
article or any amendments thereto or than it is when the application
for a permit is made.
C.
Nonconforming uses abandoned or destroyed. Whenever
Tobyhanna Township determines that a nonconforming tree or structure
has been abandoned or more than 80 percent torn down, physically deteriorated,
or decayed, no permit shall be granted that would allow such structure
or tree to exceed the applicable height limit of the Code of the Township
of Tobyhanna or otherwise deviate from this article.
D.
Variance.
(1)
Any person desiring to erect any structure or increase the height of any structure or permit the growth of any object of natural growth or otherwise use his property in violation of airport zoning regulations may apply to the Board of Adjustment for a variance from the zoning regulations in question. A variance shall only be granted after the requirements of § 155-150 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 article. Any variance may be granted subject to any reasonable conditions that the Board of Adjusters may deem necessary to effectuate the purposes of this article.
(2)
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 article may be
considered by the Board of Adjustment unless a copy of the application
has been furnished to the Pocono Mountains Municipal Airport Authority
and does not respond to the application within 30 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 Board shall, if it deems the action
advisable to effectuate the purpose of this article 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.
A.
Local enforcement. It shall be the duty of Tobyhanna
Township to administer and enforce the regulations prescribed herein.
Applications for permits and variances shall be made to the Township
upon a form published for that purpose. Applications required by this
article to be submitted to the Township shall be promptly considered
and granted or denied. Application for action by the Board of Adjustment
shall be forthwith transmitted by the Township.
B.
Notice to Department. Notwithstanding any other provision
of law, a municipality or board that decides to grant a permit or
variance under this article 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.
A.
Powers. There is hereby created a Board of Adjustment
to have and exercise the following powers:
(1)
To hear and decide appeals from any order, requirement,
decision or determination made by Tobyhanna Township in the enforcement
of this article;
(2)
To hear and decide special exceptions to the terms
of this article upon which such Board of Adjustment under such regulations
may be required to pass; and
(3)
To hear and decide specific variances.
B.
Creation; members; removal. Where a zoning board of
appeals or adjustment already exists, it may be appointed as the Board
of Adjustment. Otherwise, the Board shall consist of five members,
each to be appointed for a term of three years by the authority adopting
the regulations and to be removable by the appointing authority, for
cause, upon written charges and after a public hearing.
C.
Governing rules. The Board of Adjustment shall adopt
rules for its governance and in harmony with the provisions of this
article. Meetings of the Board of Adjustment shall be held at the
call of the Chairperson and at such other times as the Board of Adjustment
may determine. For conduct of any hearing or taking of any action,
a quorum shall not be less than a majority of all members. The Chairperson
or, in the absence of the Chairperson, the Acting Chairperson, may
administer oaths and compel the attendance of witnesses. All hearings
of the Board of Adjustment shall be public. The Board of Adjustment
shall keep minutes of its proceedings showing the vote of each member
upon each question, or if absent or failing to vote, indicating such
fact, and shall keep records of its examinations and other official
actions, all of which shall immediately be filed in the office of
Tobyhanna Township and on due cause shown.
D.
Findings of fact; conclusions of law. The Board of
Adjustment shall make written findings of facts and conclusions of
law giving the facts upon which it acted and its legal conclusions
from such facts in reversing, affirming, or modifying any order, requirement,
decision, or determination which comes before it under the provision
of this article.
E.
Voting. The concurring vote of a majority of the members
of the Board of Adjustment shall be sufficient to reverse any order,
requirement, decision, or determination of Tobyhanna Township or decide
in favor of the applicant on any matter upon which it is required
to pass under this article, or to effect variation to this article.
Where any airport hazard appertaining to an
airport is located outside the territorial limits of the municipality
encompassing the airport, all of the municipalities involved may,
by ordinance or resolution, create a Joint Airport Zoning Board which
shall have the same power to adopt, administer and enforce airport
zoning regulations applicable to the airport hazard area in question
as that vested (by the police power) in the municipality within which
the area is located. Each Joint Airport Zoning Board shall have as
members two representatives appointed by each municipality participating
in its creation and, in addition, a chairman elected by a majority
of the members so appointed.
A.
Right of appeal. Any person aggrieved or taxpayer
affected by any decision of the municipality or joint zoning hearing
board may appeal to the Board of Adjustment 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 Board of Adjustment. The Board shall fix a reasonable time for
hearing appeals, give public notice and due notice to the parties
in interest, and decide the same within a reasonable time. Upon the
hearing, any party may appear in person or by agent or by attorney.
C.
Stay of proceedings. An appeal shall stay all proceedings
in furtherance of the action appealed from unless the municipality
or joint zoning hearing board certifies to the Board, after the notice
of appeal has 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
or Joint Zoning Appeal Board.
D.
Power to reverse, affirm or modify orders. The Board
of Adjustment may, in conformity with the provisions of this article,
reverse or affirm, in whole or in party, 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
limitations, be provided by airport zoning regulations, the municipality
within which the property or nonconforming use is located, or the
municipality or municipal authority owning the airport or served by
it, may acquire by purchase, grant or condemnation, in the manner
provided by law under which municipalities are authorized to acquire
real property for public purposes, such air right, aviation easement
or other estate or interest in the property or nonconforming structure
or use in question as may be necessary to effectuate the purpose of
this article. 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 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.
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 article and any other regulations
applicable to the same area, whether the conflict be with respect
to the height of structures or trees, and the use of land, or any
other matter, and whether the other regulations were adopted by the
municipality which adopted the airport zoning regulations or be some
other municipality or otherwise, the more stringent limitation or
requirement shall govern and prevail.
Any person aggrieved, or any taxpayer affected,
by any decision of the Board of Adjustment, may appeal to the Court
of Common Pleas as provided by law. In cases where applicable law
does not provide an appeal from a municipality to a Board, a person
or taxpayer may appeal from a decision of a municipality or Joint
Airport Zoning Board as provided by law for similar zoning proceedings.
If any of the provisions of this article or
the application thereof to any person or circumstances are held invalid,
such invalidity shall not affect other provisions or applications
of the article which can be given effect without the invalid provisions
of this article are declared to be severable.
A.
Use of language. Words of any gender used in this
article 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 article 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 therefore in a civil enforcement proceeding commenced
by a municipality, pay a judgment of not more than $500 plus all court
costs, including reasonable attorney fees incurred by a municipality
as a result thereof. No judgment shall commence or be imposed, levied
or payable until the date of determination of a violation by the District
Justice. If the defendant neither pays nor timely appeals the judgment,
the municipality may enforce the judgment pursuant to the applicable
rules of civil procedure. Each day that a violation continues shall
constitute a separate violation, unless the District Justice determining
that there has been a violation further determines that there was
a good-faith basis for the person, partnership or corporation violating
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
by the District Justice and thereafter each day that a violation continues
shall constitute a separate violation. All judgments, costs and reasonable
attorney fees collected for the violation of zoning ordinances shall
be paid over to the municipality whose ordinance has been violated.
B.
The Court of Common Pleas, upon petition, may grant
an order of stay, upon causes 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.
A.
Notice of hearing. No airport zoning regulations shall
be adopted, amended or changed except by action of the municipality
or the Joint Airport Zoning Board after a public hearing in relation
thereto at which parties in interest and citizens shall have an opportunity
to be heard. The notice shall be published once each week for two
successive weeks in a newspaper of general circulation in the 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.
B.
Effective date. WHEREAS, the immediate operation of the provisions of this article is necessary for the preservation of the public health, safety, morals and general welfare, an emergency is hereby declared to exist, and this article shall be in full force and effect from and after its passage by the municipality and publication and posting as required by § 155-160A.
