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Township of Pocono, PA
Monroe County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Supervisors (now Board of Commissioners) of the Township of Pocono 9-16-1996 by Ord. No. 73. Amendments noted where applicable.]
GENERAL REFERENCES
Planning Commission — See Ch. 37.
Subdivision and land development — See Ch. 390.
Zoning — See Ch. 470.
A. 
This chapter shall be known and may be cited as the "Pocono Township Airport Zoning Ordinance";
B. 
A chapter regulating and restricting the height to which structures may be erected and the height to which natural objects may grow, and otherwise regulating the use of property in the vicinity of public airports by creating the appropriate zones and establishing the boundaries thereof; and otherwise regulating the use of property in the vicinity of the Pocono Mountains Municipal Airport by creating the appropriate zones and establishing the boundaries thereof; providing for changes in the restrictions and boundaries of such zones; defining certain terms used herein; referring to the Pocono Mountains Municipal Airport Height Limitation and Zoning District Map which is incorporated in and made part of this chapter;[1] providing for enforcement; establishing a Board of Appeals; and imposing penalties.
[1]
Editor's Note: Said map is on file in the Township offices.
A. 
This chapter is adopted pursuant to the authority conferred by 1984 Pennsylvania Laws 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 public airports which, or the zones for which, are located partly or wholly within Pocono Township, Monroe County, Pennsylvania, and property or occupants of land in the vicinity of the same; that an obstruction may affect existing and future instrument approach minimums of such public 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 any such public airport and the public investment therein. Accordingly, it is declared that:
(1) 
The creation or establishment of an obstruction has the potential of being a public nuisance and may injure the region served by a public airport;
(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.
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. 
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:
AIRCRAFT
Any contrivance, except an unpowered hang-glider or parachute, used for manned ascent into or flight through the air.
AIRPORT
Any area of land or water which is used, or intended to be used, for the landing and takeoff of aircraft and any appurtenant areas which are used, or intended to be used, for airport buildings or air navigation facilities or rights-of-way, together with all airport buildings and facilities thereon. As used herein, the term "airport" includes all public airports now existing or hereafter created, but excludes private airports and heliports. Public and private airports are defined separately herein.
AIRPORT ELEVATION
The highest point of an airport's usable landing area, measured in feet above sea level.
AIRPORT HAZARD
Any structure or object, natural or man-made, or use of land which obstructs the airspace required for flight of aircraft in landing or taking off at an airport or is otherwise hazardous to the landing or taking off of aircraft.
AIRPORT HAZARD AREA
Any area of land or water upon which an airport hazard might be established if not prevented as provided in this chapter and Act 164 of 1984 (Pennsylvania laws relating to aviation).[1]
APPROACH SURFACE
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 § 90-4 of this chapter. In plan, the perimeter of the approach surface coincides with the perimeter of the approach surface zone.
APPROACH, TRANSITIONAL, HORIZONTAL AND CONICAL SURFACE ZONES
These zones are defined and set forth in § 90-4 of this chapter.
BOARD OF APPEALS
The Pocono Township Zoning Hearing Board.
CONICAL SURFACE
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.
DEPARTMENT
The Pennsylvania Department of Transportation.
FAA
The Federal Aviation Administration of the United States Department of Transportation.
HEIGHT
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.[2]
HELICOPTER
A rotorcraft other than a model or radio-control rotorcraft that, for its horizontal motion, depends principally on its engine-driven rotor.
HELIPORT
Any area of land, water or structure which is used or intended to be used for the landing and takeoff of helicopters and any appurtenant areas which are used for heliport buildings or helicopter facilities or right-of-way, together with all heliport buildings and facilities thereon.
HORIZONTAL SURFACE
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.
LARGER THAN UTILITY RUNWAY
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.
MUNICIPALITY
Pocono Township, Monroe County, Pennsylvania.
NONCONFORMING USE
Any preexisting structure, object or natural growth or use of land which is inconsistent with the provisions of this chapter or an amendment thereto.
NON-PRECISION INSTRUMENT RUNWAY
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.
OBSTRUCTION
Any structure, growth or other object, including a mobile object, which exceeds a limiting height set forth in § 90-4 of this chapter.
PERSON
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.
PRECISION INSTRUMENT RUNWAY
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.
PRIMARY SURFACE
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. 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 § 90-4 of this chapter. The elevation of any point on a primary surface is the same as the elevation of the nearest point on the runway center line.
PRIVATE AIRPORT
An airport which is privately owned and which is not open or intended to be open to the public.
PUBLIC AIRPORT
An airport which is either publicly or privately owned and which is open to the public.
RUNWAY
A defined area on an airport prepared for landing and takeoff of aircraft along its length.
STRUCTURE
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.
TRANSITIONAL SURFACES
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.
TREE
Any object of natural growth.
UTILITY RUNWAY
A runway that is constructed for and intended to be used by propeller-driven aircraft of 12,500 pounds maximum gross weight or less.
VISUAL RUNWAY
A runway intended solely for the operation of aircraft using visual approach procedures.
ZONING OFFICER
That person appointed by the Pocono Township Board of Commissioners to issue zoning permits who shall be charged with the duty of administrating and enforcing this chapter.
[1]
Editor's Note: See 74 Pa.C.S.A. § 5101 et seq.
[2]
Editor's Note: See also the "Maximum Allowable Height Formula," included as an attachment to this chapter.
A. 
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 airports which are located, or the zones for which are located, either partly or wholly, within the municipality. 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:
(1) 
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.
(2) 
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.
(3) 
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.
(4) 
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.
(5) 
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.
(6) 
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.
(7) 
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 for the particular airport.
(8) 
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.
(9) 
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.
B. 
Currently the only airport zones located in Pocono Township are those which pertain to the Pocono Mountains Municipal Airport. Attached to this chapter and made a part hereof is the Pocono Mountains Municipal Airport Height Limitation and Zoning District Map prepared by the Pennsylvania Department of Transportation, Bureau of Aviation, dated Spring 1989, which sets forth the zones for that airport.[2] In the event that any additional airports, or airport zones, are hereafter created in Pocono Township, height limitation and zoning district maps for the same may be attached to this chapter by resolution of the Pocono Township Board of Commissioners, which attachments shall thereafter be deemed to be a part of this chapter.
[2]
Editor's Note: Said map is on file in the Township offices.
[1]
Editor's Note: A diagram illustrating the various surface zones, entitled "Typical Isometric View of Airport Surface Zones," is attached to this chapter.
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 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. 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 ninety-degree angles to the extended runway center line.
H. 
Horizontal Surface Zone: established at 150 feet above the established airport elevation.
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.
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 30 feet above the surface of the land or the maximum height permitted for the district in which the property is located pursuant to the provisions of Chapter 470, Zoning, whichever is less.
A. 
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.
B. 
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 § 90-7 (relating to permits and variances). Nothing contained herein shall require any change in the construction, alteration or intended use of any structure, the construction or alteration of which was begun prior to the effective date of this chapter and is diligently performed and completed.
(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 airport manager (or such other individual or entity as may be designated from time to time by resolution of the Pocono Township Board of Commissioners) 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 with respect to the Pocono Mountains Municipal Airport and by the airport serviced by the same person (or such other body or entity as may be designated from time to time by resolution of the Pocono Township Board of Commissioners) with respect to all other airports.
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 under this chapter; Chapter 470, Zoning; and any other applicable Township ordinances. Each application for a permit shall indicate the purpose for which the permit is desired, with sufficient particularity to enable a determination 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 and notice thereof sent to the Department of Transportation as required by Act 164 of 1984, 74 Pa.C.S.A. § 5919. No permit for a use inconsistent with the provisions of this chapter shall be granted unless a variance has been approved in accordance with § 90-7D.
(a) 
In the area lying within the limits of the horizontal zone and conical zone, no permit under this chapter 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 under this chapter 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 under this chapter 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 under this chapter 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 any tree allowed to grow higher or be replanted, a permit must be secured from the municipality authorizing the replacement or change. No permit shall be granted that would allow the establishment or creation of an obstruction or permit a nonconforming use, structure or tree to become a greater hazard to air navigation than it was on the effective date of this chapter or any amendments thereto or than it is when the application for a permit is made.
C. 
Nonconforming uses abandoned or destroyed. Whenever the Zoning Officer determines that a nonconforming tree or structure has been abandoned or more than 80% torn down, destroyed, 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 the requirement of this chapter.
D. 
Variance. Any person desiring to erect any structure or increase the height of any structure or permit the growth of any tree or otherwise use property in violation of the regulations prescribed in this chapter may apply to the Board of Appeals for a variance from the requirements of this chapter in question. A variance shall only be granted after the requirements of § 90-8 are satisfied. A variance may be allowed where it is duly found that a literal application or enforcement of the regulations would result in practical difficulty or unnecessary hardship and the relief granted will not be contrary to the public interest, will not create a hazard to air navigation, will do substantial justice and will be in accordance with the spirit of this chapter. Any variance may be granted subject to any reasonable conditions that the Board of Appeals 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 for a variance to the requirements of this chapter may be considered by the Board of Appeals 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 Appeals 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 of Appeals may, if it deems the action advisable to effectuate the purpose of this chapter and reasonable under the circumstances, so condition the permit or variance as to require the owner of the structure or object of natural growth in question to permit the airport or municipality, at its own expense, or require the person or persons requesting the permit or variance to install, operate and maintain thereon such markings and lights as may be required by guidelines or regulations adopted by the FAA.
A. 
Local enforcement. Except where otherwise specifically designated to the contrary, it shall be the duty of the 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 Board of Appeals shall be forthwith transmitted by the Zoning Officer.
B. 
Notice to Department. Notwithstanding any other provision of law, a municipality or board which decides to grant a permit or variance under this chapter shall notify the Department of Transportation of its decision. This notice shall be in writing and shall be sent so as to reach the Department at least 10 days before the date upon which the decision is to issue. Nothing in this section shall be construed as impairing the right of any person to a judicial review.
A. 
Appointment and powers. There is hereby created a Board of Appeals, which shall be the Pocono Township Zoning Hearing Board, which shall have and exercise the following powers:
(1) 
To hear and decide appeals from any order, requirement, decision or determination made by the Zoning Officer in the enforcement of this chapter;
(2) 
To hear and decide special exceptions to the terms of this chapter upon which such Board of Appeals under such regulations may be required to pass; and
(3) 
To hear and decide applications for variances.
B. 
Governing rules. The Board of Appeals shall adopt rules for its governance and in harmony with the provisions of this chapter. Meetings of the Board of Appeals shall be held at the call of the Chairperson and at such other times as the Board of Appeals 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 Appeals shall be public. The Board of Appeals 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 Zoning Officer and shall be a public record.
C. 
Findings of fact; conclusions of law. The Board of Appeals shall make written findings of fact and conclusions of law giving the facts upon which it acted and its legal conclusions from such facts in granting or denying any request for a variance or special exception or in reversing, affirming, or modifying any order, requirement, decision or determination which comes before it under the provisions of this chapter.
D. 
Voting. The concurring vote of a majority of the members of the Board of Appeals shall be sufficient to reverse any order, requirement, decision or determination of the Zoning Officer or decide in favor of an applicant on any matter upon which it is required to pass under this chapter or to deny an application for a variance or special relief to this chapter.
A. 
Right of appeal. Any person aggrieved or any taxpayer affected by any decision of the Zoning Officer made in the administration of this chapter may appeal to the Board of Appeals 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 Appeals, by filing with the Zoning Officer and with the Board a notice of appeal specifying the grounds therefor. 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 attorney. The Board shall schedule, advertise and conduct the hearing in the manner and according to the procedure outlined in Chapter 470, Zoning, for the conduct of other similar hearings before the Pocono Township Zoning Hearing Board, which procedure is herein incorporated by reference to the extent that it does not conflict with the provisions of this chapter.
C. 
Stay of proceedings. An appeal shall stay all proceedings in furtherance of the action appealed from unless the Zoning Officer 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 the opinion of the Zoning Officer cause imminent peril to life or property. In such case, proceedings shall not be stayed except by order of the Board on notice to the Zoning Officer and the municipality and on due cause shown.
D. 
Power to reverse, affirm or modify orders. The Board of Appeals 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.
Any person aggrieved or any taxpayer affected by any decision of the Board of Appeals may appeal to the Court of Common Pleas of Monroe County as provided by law, according to the provisions of the Act of Assembly by virtue of which this chapter was adopted.
A. 
Any person, partnership, corporation or other entity who or which violates or permits the violation of the provisions of this chapter shall pay a penalty of $600 per violation. If the penalty is not voluntarily paid to Pocono Township, the Township shall initiate a civil enforcement proceeding before a Magisterial District Judge. The civil enforcement proceeding shall be initiated by complaint or by such other means as may be provided by the Pennsylvania Rules of Civil Procedure. In any case where a penalty for a violation of this chapter is not timely paid and the person, partnership, corporation or other entity upon whom the penalty was imposed is found liable therefore in a civil enforcement proceeding commenced by the Township, the violator shall be liable for the penalty imposed, including additional daily penalties for continuing violations, plus court costs and reasonable attorney fees incurred by the Township in the enforcement proceedings. Each day or portion thereof that a violation exists or continues shall constitute a separate violation. Each section of this chapter that is violated shall also constitute a separate violation. Further, the appropriate officers or agents of the Township are hereby authorized to seek equitable relief, including injunction, to enforce compliance with this chapter. All fines, penalties, costs and reasonable attorney’s fees collected for the violation of this chapter shall be paid to Pocono Township for its general use.
[Amended 7-3-2000 by Ord. No. 93]
B. 
The Court of Common Pleas of Monroe County, upon petition, may grant a 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.
D. 
In addition to other available remedies, the municipality may institute in any court of competent jurisdiction an action to prevent, restrain, correct or abate any violation of this chapter or of any order or ruling made in connection with its administration or enforcement.
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 is with respect to the height of the structures or trees, the use of land or any other matter and whether the other regulations were adopted by the municipality or by some other municipality or otherwise, the more stringent limitation or requirement shall govern and prevail.