The Borough Council may from time to time amend this chapter,
including the Zoning Map.
Before voting on the enactment of any amendment, the Council
shall hold a public hearing thereon pursuant to public notice. "Public
notice," as used in this section, shall mean that the first publication
shall be not more than 30 days and not less than 14 days in advance
of the hearing. Such notice shall be published once a week for two
successive weeks in a newspaper of general circulation in the Borough.
Such notice shall state the time and place of the hearing and the
particular nature of the matter to be considered at the hearing. If,
after any public hearing held upon an amendment, the proposed amendment
is revised or further revised to include land previously not affected
by it, the Council shall hold another public hearing pursuant to public
notice before proceeding to vote on the amendment.
A landowner who desires to challenge on substantive grounds the validity of this chapter or any part hereof that prohibits the use or development of land in which he has an interest may submit a curative amendment to the Borough with a written request for hearing. The Council shall commence a hearing thereon within 60 days of the submission of a properly completed request, following procedures outlined in Article VI, Section 609.1 of the Pennsylvania Municipalities Planning Code, and 53 P.S. § 10916.1 , as amended.
In the case of an amendment other than one prepared by the Planning
Commission, the Borough Council shall submit each such amendment to
the Borough Planning Commission and the Bucks County Planning Commission
at least 30 days prior to the hearing in order to provide the planning
commissions an opportunity to submit recommendations.
A.
Any person,
partnership or corporation who or which has violated the provisions
of any subdivision or land development ordinance enacted under the
Municipalities Planning Code 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 the 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.
B.
The Court
of Common Pleas, upon petition, may grant an order of stay, upon cause
shown, tolling the per diem judgment 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.
In case any building, structure or land is or is proposed to
be erected, constructed, reconstructed, altered, converted, maintained
or used in violation of any of the provisions of this chapter, the
Council, or an officer of the Borough with the approval of Council,
in addition to other remedies, may institute in the name of the Borough
appropriate action or proceedings to prevent, restrain, correct or
abate such building, structure or land or to prevent in or about such
premises any act, conduct, business or use constituting a violation.
Whenever a violation of this chapter occurs, any resident, tenant
or property owner within Penndel Borough may file a written complaint
with the Zoning Officer in regard thereto. The Zoning Officer shall
promptly investigate all complaints and report thereon to the complainant
and the Borough Council.
Amendments to these subdivision and land development regulations
shall only be enacted as provided in Section 505 of the Pennsylvania
Municipalities Planning Code, as same now exists or as hereafter amended.[1]
[1]
Editor's Note: See 53 P.S. § 10505.
In any case where the Borough Council determines that a sketch
plan, preliminary plan or final plan does not meet the required objectives
and requirements or otherwise disapproves of a sketch plan, preliminary
plan or final plan, the applicant may appeal from such determination
or disapproval in the manner prescribed by the Pennsylvania Municipalities
Planning Code, as same now exists or as hereafter amended. The appeal
shall be filed within 30 days after the date of such determination
or disapproval or, if no determination is made, 30 days after the
date by which a determination was required to be made by these regulations.
