[Amended 10-22-1990 by Ord. No. 90-49]
A.
The Board may, from time to time, revise, modify or
amend the terms of this chapter. The Board shall submit any proposed
amendment to the Township Planning Commission and, at least 30 days
prior to the hearing on the proposed amendment, to the Delaware County
Planning Commission, for review and recommendation. The Board shall
take no action to approve or deny any proposed amendment until it
has received a report on the proposed amendment from the County Planning
Commission or until 30 days have been allowed for the receipt of such
report.
B.
The Board of Commissioners shall, during a public
meeting, fix the time and place of a public hearing on a proposed
subdivision amendment and cause notice thereof to be given as follows:
(1)
By publishing a legal notice once a week for two successive weeks in a newspaper of general circulation within the Township as provided for in § 9.02 of the Home Rule Charter. Such notice shall state the date, place, time and particular nature to be considered at the public hearing. The first publication shall not be more than 30 days and the second publication shall not be less than seven days from the date of the hearing.
(2)
By mailing a notice thereof to contiguous municipalities,
the Township School District and residents or associations of residents
within the Township who shall have registered their names and addresses
with the Township. The Board of Commissioners may fix an annual fee
of provisions of notices to such registered persons or associations.
C.
In the event that substantial amendments are made
in the proposed ordinance or amendment, before voting on enactment,
the Board, at least 10 days prior to enactment, shall readvertise
a brief summary setting forth all the provisions in reasonable detail
together with a summary of the amendments.
D.
Within 30 days following adoption, the Township shall
forward a certified copy of any amendment to this chapter to the Delaware
County Planning Commission.
[Amended 10-22-1990 by Ord. No. 90-49]
Any person, partnership or corporation who or
which has violated 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, 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 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 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.
It is hereby declared to be the legislative
intent that:
A.
If a court of competent jurisdiction declares any
provisions of this chapter to be invalid or ineffective in whole or
in part, the effect of such decision shall be limited to those provisions
which are expressly stated in the decision to be invalid or ineffective,
and all other provisions of this chapter shall continue to be separately
and fully effective.
B.
If a court of competent jurisdiction finds the application
of any provision or provisions of this chapter to a lot, building
or other structure or tract of land to be invalid or ineffective in
whole or in part, the effect of such decision shall be limited to
the person, property or situation immediately involved in the controversy
and the application of any such provision to other persons, property
or situations shall not be affected.
