MapLink™ | Procedures | Enforcement, Administration - Airport Hazard Zone

Hello! Content on this website is provided as a convenience and is for informational use only. Be sure to review the Terms of Use for all of the details related to your use of this website.
Accept
Back
Enforcement, Administration - Airport Hazard Zone
Enforcement.
It is the duty of the Zoning Officer to administer and enforce the regulations of this article. Applications for permits and variances shall be made to the Zoning Officer. Applications required by this article to be submitted to the Zoning Officer shall be promptly considered and granted or denied by the Zoning Officer.

Determinations and appeals by Zoning Hearing Board.
All determinations and appeals made by the Zoning Hearing Board shall be in accordance with Article XX: Zoning Hearing Board of this chapter.
See Zoning Hearing Board for more details on this board.

Judicial review.
Any person aggrieved, or any taxpayer affected, by any decision of the Zoning Hearing Board may present a petition to the Court of Common Pleas of Chester County.

Violations and penalties.
A. Any person, partnership or corporation who or which has violated or permitted the violation of the provisions of this article shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township, pay a judgment of not more than $500 plus all court costs, including reasonable attorney fees incurred by the Township as a result thereof. No judgment shall commence or be imposed, levied or payable until the date of the determination of a violation by the District Justice. If the defendant neither pays nor timely appeals the judgment, the Township 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 article 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 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 this article shall be paid over to the Township.
B. The Court of Common Pleas, upon petition, may grant an order of stay, upon cause shown, tolling the per diem fine pending a final adjudication of the violation and judgment.
C. Nothing contained in this section shall be construed or interpreted to grant to any person or entity other than the Township the right to commence any action for enforcement pursuant to this section.

Conflicting regulations.
Where there exists a conflict between any of the regulations or limitations prescribed in this article and any other regulations applicable to the same area, whether the conflict be with respect to the height of structures or trees, the use of land, or any other matter, the more stringent limitation or requirement shall prevail.

See Article XIII: Airport Hazard Zone for more detailed information.