[Amended 9-19-1989 by Ord. No. 195]
B.
Proposals for amendment, supplement, change or modification
or repeal may be initiated by the Board of Supervisors on its own
motion, the Township Planning Commission or by petition by one or
more owners of property to be affected by the proposed amendment.
Any proposed amendment favorably acted upon shall be specifically
found to be in accordance with the spirit and intent of the community
development objectives of the Township Comprehensive Plan.
A.
Before voting on the enactment of any amendment, the
Board of Supervisors shall hold a public hearing pursuant to public
notice. Public notice shall be notice published once for two consecutive
weeks in a newspaper of general circulation in Doylestown Township.
Such notice shall state the date, time and place of hearing, the particular
nature of the matter to be considered at the hearing and the full
text of the amendment or a brief summary setting forth the general
provisions in reasonable detail. The first publication shall be no
more than 30 days and the second publication not less than seven days
from the date of the hearing. Procedures relating to the publication,
advertisement and availability of proposed amendments shall be in
accordance with Section 610 of the Pennsylvania Municipalities Planning
Code, as amended.[1] If the proposed amendment involves a Zoning Map change,
notice of said public hearing shall be conspicuously posted by the
Township at points deemed sufficient to the Township along the perimeter
of the tract to notify potentially interested citizens. The affected
tract or area shall be posted at least one week prior to the date
of the hearing.
[1]
Editor's Note: See 53 P.S. § 10610.
B.
If, after any public hearing held upon an amendment,
the proposed amendment changes substantially or is revised to include
land previously not affected by it, the Board of Supervisors shall
hold another public hearing pursuant to public notice before proceeding
to vote on the amendment. In the event that substantial amendments
are made in the proposed ordinance or amendment, before voting upon
enactment the Board of Supervisors shall, at least 10 days prior to
enactment, readvertise, in one newspaper of general circulation in
the Township, a brief summary setting forth all the provisions, in
reasonable detail, together with a summary of the amendments.
A.
In case of an amendment other than one prepared by
the Township Planning Commission, the Board of Supervisors shall submit
each such amendment to the Township Planning Commission at least 30
days prior to the hearing in order to provide the Planning Commission
an opportunity to submit recommendations. At least 30 days prior to
the hearing on the proposed amendment, the Township shall submit the
proposed amendment to the Bucks County Planning Commission for recommendations.
B.
Within 30 days after enactment, a copy of the amendment
to this chapter shall be forwarded to the County Planning Commission.
No action shall be taken by the Township on the proposed amendment
until a recommendation has been made by the Bucks County Planning
Commission. If the Bucks County Planning Commission fails to act within
45 days, the Township shall proceed without its recommendation.
A.
A landowner who desires to challenge on substantive
grounds the validity of a zoning ordinance or map or any provisions
thereof which prohibit or restrict the use or development of land
in which he has an interest may submit a curative amendment to the
Board of Supervisors with a written request that his challenge and
proposed amendment be heard and decided as provided in Section 916.1
of the Pennsylvania Municipalities Planning Code (Act 247), as amended.[1] The Board of Supervisors shall commence a hearing thereon
within sixty (60) days of the request as provided in Section 916.1
of the Pennsylvania Municipalities Planning Code, as amended. The
curative amendment and challenge shall be referred to the Township
Planning Commission and notice of the hearing thereon shall be given
as provided by the Pennsylvania Municipalities Planning Code, as amended.
[1]
Editor's Note: See 53 P.S. § 10916.1.
B.
Procedures for the public hearing as set forth in
Section 609.1 of the Pennsylvania Municipalities Planning Code, as
amended, shall be followed.
A.
Any person, partnership or corporation who or which
has violated or permitted the violation of the provisions of this
chapter 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 or levied or be 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 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 shall determine that there has been a
violation and further determines that there was a good faith basis
for the person, partnership or corporation violating this chapter
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 the chapter 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.
In case any building, structure, landscaping
or land is proposed to be erected, constructed, reconstructed, altered,
converted, maintained or used in violation of any of the provisions
of this chapter, the Board of Supervisors or, with the approval of
the Board, an officer of the Board or any aggrieved owner or tenant
of real property who shows that his property or person will be substantially
affected by the alleged violation, in addition to other remedies,
may institute any appropriate action or proceeding to prevent, restrain,
correct or abate such building, structure, landscaping or use of land
or prevent, in or about such premises, any act, conduct, business
or use constituting a violation. When such action is instituted by
a landowner or tenant, notice of that action shall be served upon
the Township at least 30 days prior to the time the action is begun
by serving a copy of the complaint on the Board of Supervisors. No
such action may be mandated until such notice has been given.
Whenever a violation of this chapter occurs,
any person may file a written complaint with the Zoning Officer in
regard thereto. The Zoning Officer shall promptly investigate all
complaints and make reports thereon to the Board of Supervisors.
The procedures set forth in Article X-A of the
Pennsylvania Municipalities Planning Code, Act 247, as amended,[1] shall constitute the exclusive mode for securing review
of any decision rendered pursuant to this chapter or deemed to have
been made under this chapter.
[1]
Editor's Note: See 53 P.S. § 11001-A
et seq.
