Township of Union, PA
Washington County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Supervisors of the Township of Union 9-17-2008 by Ord. No. 2008-11. Amendments noted where applicable.]
GENERAL REFERENCES
Airport zoning planning agency — See Ch. 5.
Zoning — See Ch. 280.
Attachment 1 - Airport Zoning Maps

§ 70-1 Short title.

This chapter shall be known as the "Union Township Airport Zoning Ordinance."

§ 70-2 General scope.

This chapter shall regulate and restrict the heights to which structures may be erected or objects of natural growth and otherwise regulate the use of property in the vicinity of the Finleyville Airport by creating the appropriate zones and establishing the boundaries thereof; provide for changes in the restrictions and boundaries of such zones; define certain terms used herein; refer to the Finleyville Airport Height Limitation and Zoning District Map[1] which is incorporated in and made part of this chapter; provide for enforcement, establishing a zoning hearing board; and impose penalties. This chapter shall be enforced only with approval from Union Township.
[1]
Editor's Note: A copy of this map is attached to this chapter.

§ 70-3 Authority; declaration of policy.

A. 
This chapter is adopted pursuant to the authority conferred by 1984 Pennsylvania Laws, Act 164, codified at 74 Pa.C.S.A. § 5101 et seq.[1]
[1]
Editor's Note: Known as the "Aviation Code."
B. 
It is hereby found that an obstruction has the potential for endangering the lives and property of users of the Finleyville Airport, aka "Finleyville Airport, Inc.," aka "Finleyville Airpark" (hereinafter referred to as "Finleyville Airport") and the property or occupants of land in its vicinity; that an obstruction may affect existing and future instrument approach minimums of the Finleyville 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 Finleyville Airport and the public investment therein. Finleyville Airport is a parcel of land situated in Union Township with flight patterns that exist in Union Township, Finleyville Borough, Peters Township and Nottingham Township, and as more particularly described in DBV 2472, pg. 0112. 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 Finleyville 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 may be accomplished, to the extent legally possible, by the exercise of the police power without compensation, and as currently permitted by law.
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 are public purposes for which a political subdivision may raise and expend public funds and acquire land or interests in land. The implementation of marking and lighting of obstructions and costs thereof shall be in compliance with the Airport Zoning Act.[2] The Township reserves unto itself the right to make decisions in the best interest of its residents and as permitted by the applicable law.
[2]
Editor's Note: See 74 Pa.C.S.A. § 5911 et seq.

§ 70-4 Definitions.

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 public airports or private airports for public use and excludes private airports and heliports. Public and private airports are defined separately in this section.
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 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, as amended, excluding those items prior to the adoption of this chapter.
AIRPORT HAZARD AREA
Any area of land or water upon which an airport hazard might be established if not prevented as provided for in this chapter and Act 164 of 1984 (Pennsylvania laws relating to aviation).
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 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 set forth in this chapter.
BOARD OF APPEALS OR ADJUSTMENT
The Zoning Hearing Board as approved by the Township with all the rights and regulations as promulgated by the Township.
CONICAL SURFACE
A surface extending outward and upward from the periphery of the horizontal surface at a slope of 20 to 1 for a horizontal distance of 4,000 feet.
DEPARTMENT
Pennsylvania Department of Transportation.
FAA
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 (see attached), the datum shall be mean sea level elevation unless otherwise specified.
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.
NONCONFORMING USE
Any preexisting structure, object of natural growth, or use of land which is inconsistent with the provisions of this chapter or an amendment thereto and as determined by the appropriate federal and/or state agencies subsequent to the adoption of this chapter and to the satisfaction of the Township.
NONPRECISION 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 nonprecision 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 this chapter and subject to the definition of "nonconforming use."
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 precisions 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. 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 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. The expense of removing any nonconforming use shall be the sole responsibility of the Finleyville Airport.
PRIVATE AIRPORT
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.
PUBLIC AIRPORT
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.
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 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.
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.

§ 70-5 Airport surface zones.

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 Finleyville Airport. Such zones are shown on the Finleyville Airport Height Limitation and Zoning District Map prepared by the Township Engineer, which is attached to this chapter and made a part hereof. 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 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 1/4 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 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.
G. 
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.[1]
[1]
Editor's Note: A copy of this map is attached to this chapter.
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 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.

§ 70-6 Airport surface zone height limitations.

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 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 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.
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 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.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
E. 
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.
F. 
Precision instrument 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, which is 1,240 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 25 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 25 feet above mean sea level.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
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 35 feet above the surface of the land, except as defined in § 70-7A as to reasonableness.

§ 70-7 Airport zoning requirements.

A. 
Reasonableness. All airport zoning regulations adopted under this chapter shall be reasonable; none shall impose any requirement or restriction unless it is reasonably necessary to effectuate the purpose of this chapter, which shall be at the sole discretion of the Township Board of Supervisors. In determining what regulations it may adopt, the Township 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.
(1) 
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.
(2) 
Further, any expansion of the Finleyville Airport must be subject to the written approval of the Union Township Board of Supervisors in order to maintain the health, safety and the welfare of the community in the event the uses of the airport were to change from those presently in effect and considered in the enactment of this chapter.
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 this chapter (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 executed.
(2) 
Marking and lighting. Notwithstanding any other provision of this chapter, the owner of any existing nonconforming structure or tree may be required to permit the installation, operation and maintenance thereon or nearby of such markers and lights as shall be deemed necessary by the Township 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 Finleyville Airport and as permitted by law.

§ 70-8 Permits and variances.

A. 
Future uses.
(1) 
Except as provided in this chapter 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 all necessary permits 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 this chapter.
(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 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 Township 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.
(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 Zoning Hearing Board for a variance from the zoning regulations in question. A variance shall only be granted after the requirements of § 70-8 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.
(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 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 Zoning Hearing Board 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 owner of the structure or object of natural growth in question to permit or require the person or persons requesting the permit or variance to install, operate and maintain thereon such markers and lights at their own expense as may be required by guidelines or regulations adopted by the FAA and subject to the applicable laws.

§ 70-9 Enforcement; notice.

A. 
Local enforcement. It shall be the duty of the Township to administer and enforce the regulations prescribed herein. Applications for permits and variances shall be made to the Township Zoning Officer and/or his designee upon a form created for that purpose. Applications required by this chapter to be submitted to the Township Zoning Officer and/or his designee shall be promptly considered and granted or denied. Application for action by the Zoning Hearing Board shall be forthwith transmitted by the Township Zoning Officer and/or his designee.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
Notice to Department. Notwithstanding any other provisions of law, the municipality 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. The Zoning Hearing Board decision shall become effective 15 days thereafter.

§ 70-10 Zoning Hearing Board.

A. 
Powers. The Township hereby appoints its Zoning Hearing Board to exercise the powers expressly provided by this chapter.
B. 
Governing rules. The Zoning Hearing Board shall adopt rules for its governance and in harmony with the provisions of this chapter and as expressly approved by the Township Board of Supervisors.

§ 70-11 Appeals. [1]

Any person aggrieved or taxpayer affected by any decision of the Township Zoning Officer and/or his designee made in the administration of this chapter may appeal to the Zoning Hearing Board as provided by the applicable law.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 70-12 Acquisition of air rights.

In any case in which it is desired to remove, lower or otherwise terminate a nonconforming structure or use as determined subsequent to the adoption of this chapter, or the approach protection necessary cannot, because of constitutional limitations, be provided by airport zoning regulations, or it appears advisable that the necessary approach protection be provided by acquisition of property rights rather than by airport zoning regulations, the municipality within which the property or nonconforming use is located, or the municipality served by it, may acquire by purchase, grant or condemnation, in the manner provided by the law under which the Township is 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. The Township reserves unto itself the sole discretion to utilize any actions necessary for the implementation of this chapter and as more specifically set forth in § 70-13B.

§ 70-13 Recovery of damages and costs.

A. 
In the event of initiation of a takings claim against the Township based upon the adoption, administration or enforcement of this chapter, the Township reserves unto itself any right it may possess under the applicable federal and/or state law as to damages, expenses, etc.
B. 
In the event that damages, whether pursuant to court order or court-approved settlement, are assessed as a result of any taking claim against the Township as result of the implementation of this chapter, the Township reserves any rights it may possess to seek reimbursement from the appropriate parties.

§ 70-14 Effect on other provisions.

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.
C. 
Reservation of rights. In the event of any litigation or defacto taking resulting for the implementation of this chapter, the Township reserves the right to join any party as permitted by law.

§ 70-15 Judicial review.

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. 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.

§ 70-16 Interpretation.

A. 
Use of language. Words of any gender used in this chapter shall be 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.

§ 70-17 Violations and penalties.

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 attorneys' 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 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 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 attorneys' 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 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.

§ 70-18 Adoption and amendment of ordinance.

Notice and hearing. No airport zoning regulations shall be adopted, amended or changed except by action of the Township or the Zoning Hearing 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.