As regulated by Act 164 and defined by 14 Code of Federal Regulations Part 77.13(a) (as amended or replaced), any person who plans to erect a new structure 20 feet or greater above ground level, or adds to an existing structure, thereby increasing the height to 20 feet or greater above ground level and/or to erect and maintain any object (natural or man-made) 20 feet or greater above ground level in the Airport Hazard Overlay District shall first notify the Department's Bureau of Aviation (BOA) and the Pocono Mountain Airport Authority by submitting PennDOT Form AV-57 to obtain an obstruction review of the proposal at least 30 days prior to commencement thereof. The Department's BOA response must be included with this permit application for it to be considered complete. If the Department's BOA returns a determination of no penetration of airspace, the permit request should be considered in compliance with the intent of this overlay article. If the Department's BOA returns a determination of a penetration of airspace, the permit shall be denied, and the project sponsor may seek a variance from such regulations as outlined in § 215-133: Variance. Permits and variances shall be in accordance with this Zoning Chapter, as amended, of the Code of Mount Pocono Borough. 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.

A. Local enforcement. It shall be the duty of the Zoning Officer of the Borough of Mount Pocono to administer and enforce the regulations prescribed herein. Applications for permits and variances shall be made to the Zoning Officer of the Borough of Mount Pocono upon a form published for that purpose. Applications required by this article to be submitted to the Zoning Officer of the Borough of Mount Pocono shall be promptly considered and granted or denied. Application for action by the Board of Adjustment shall be forthwith transmitted by the Zoning Officer of the Borough of Mount Pocono.

B. Notice to Department. Notwithstanding any other provision of law, a municipality or board which 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 be issued.