[Ord. -/-/1985, -/-/1985, § 901]
The provisions of this Chapter 22 are the minimum standards for the protection of the public welfare. The Township reserves the right to modify or extend these standards for plans of Planned Residential Developments or other large scale Land Developments as may be necessary to protect the public interest. The modifications and extensions based on the review and recommendations of the Township Planning Commission and Township Engineer are designed to substantially achieve the objectives of this Chapter 22. These objectives are further protected by such covenants or other legal provisions as will assure conformity to, and completion of, the plan.
[Ord. -/-/1985, -/-/1985, § 902; as amended by
Ord. 91-O-2, 2/18/1991, § 13]
1.
If any mandatory provisions of these regulations are shown by the
applicant, to the satisfaction of the Board of Supervisors to be unreasonable,
to cause undue hardship, or that an alternate standard can provide
equal or better results, the Board of Supervisors may grant a modification
to that provision. A modification may be granted provided it will
not be contrary to public interest and the purpose and intent of this
chapter is maintained.
2.
All requests for modifications shall be in writing and signed by
the applicant. The request shall state the reasons and grounds for
why the provision is unreasonable or the hardship imposed, and shall
discuss the minimum modification necessary.
3.
It is not sufficient proof of hardship to show that greater profit
would result if the modification were granted. Furthermore, hardship
complained of cannot be claimed by one who purchases with or without
knowledge of restrictions; it must be from the application of this
chapter, it must be suffered directly by the property in question;
and evidence of a modification granted under similar circumstances
shall not be considered.
4.
The Board of Supervisors shall request an advisory opinion on the
modification request from the Planning Commission.
5.
In granting modifications, the Board of Supervisors may impose such
conditions as will, in its judgment, secure substantially the objectives
of the standards or requirements so modified.
6.
The Township shall keep a written record of all requests for modifications.
7.
If a modification is granted it shall be referenced in the conditions
of approval of the plan, and shall apply only to that plan.
[Ord. -/-/1985, -/-/1985, § 903; as amended by
Ord. 91-O-2, 2/18/1991, § 18]
2.
Proposals for amendment, supplement, change, modification or repeal
may be initiated by the Board of Supervisors on its own motion, or
by the Planning Commission.
A.
Proposals Originated by the Board of Supervisors. The Board of Supervisors
shall refer every proposed amendment, supplement, change, modification,
or repeal originated by the Board of Supervisors to the Township Planning
Commission and Bucks County Planning Commission. Within 45 days of
the submission of said proposal, the Planning Commission shall submit
to the Board of Supervisors a report containing the Commission's recommendations,
including any additions or modifications to the original proposal.
3.
Before voting on the enactment of an amendment, the Board of Supervisors
shall hold a public hearing thereon. No amendment shall become effective
until after such hearing at which parties in interest and citizens
shall have an opportunity to be heard.
4.
Notice shall be given once each week for two successive weeks, the
first notice being not more than 30 days, and the second being not
less then seven days in advance of such hearing, and shall be published
in a newspaper of general circulation in the Township. Such notice
shall state the time and place of the hearing and shall include either
the full text of the proposed amendment, or a brief summary setting
forth the principal provisions in reasonable detail, with reference
to a place where copies of the proposed amendment may be examined.
5.
No hearing shall be held before or during the forty-five-day period
in which the Planning Commission has been directed to review and report
its recommendations to the Board of Supervisors.
6.
If, after any public hearing held upon an amendment, the proposed
amendment is revised, or further revised, the Board shall hold another
public hearing, before proceeding to vote on the amendment.
7.
In all cases, the vote on the enactment by the Board shall be within
90 days after the last public hearing.
[Ord. -/-/1985, -/-/1985, § 904; as amended by
Ord. 1986-O-159, 12/15/1986, 1; and by Ord. 91-O-2, 2/18/1991, § 19]
1.
Preventive Remedies.
A.
In addition to other remedies, the Township may institute and maintain
appropriate actions at law or in equity to restrain, correct or abate
violations, to prevent illegal occupancy of a building, structure
or premises. The description by metes and bound in the instrument
of transfer or other documents used in the process of selling or transferring
shall not exempt the seller or transferor from such penalties or from
the remedies herein provided.
B.
The Township may refuse to issue any permit or grant any approval
necessary to further improve or develop any real property which has
been developed or which has resulted from a subdivision of real property
in violation of any ordinance adopted pursuant to this Part. This
authority to deny such a permit or approval shall apply to any of
the following applicants:
(1)
The owner of record at the time of such violation.
(2)
The vendee or lessee of the owner of record at the time of such
violation without regard as to whether such vendee or lessee had actual
or constructive knowledge of the violation.
(3)
The current owner of record who acquired the property subsequent
to the time of violation without regard as to whether such current
owner had actual or constructive knowledge of the violation.
(4)
The vendee or lessee of the current owner of record who acquired
the property subsequent to the time of violation without regard as
to whether such vendee or lessee had actual or constructive knowledge
of the violation.
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As an additional condition for issuance of a permit or the granting
of an approval to any such owner, vendee or lessee for the development
of any such real property, the Township may require compliance with
the conditions that would have been applicable to the property at
the time the applicant acquired an interest in such real property.
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2.
Enforcement Remedies.
A.
Any person, partnership or corporation who or which has violated
the provisions of this chapter, upon being found liable therefor in
a civil enforcement commenced by the Township, shall pay a judgment
of not more than $500 plus all court costs plus reasonable attorney's
fees incurred by the Township 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 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 Part 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 the violation continues shall constitute
a separate violation.
B.
The Court of Common Pleas, upon petition of the defendant, 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 herein shall be construed or interpreted to grant
any person or entity other than the Township, the right to commence
any action for enforcement pursuant to this section.
[Ord. -/-/1985, -/-/1985, § 905]
Any person desiring to challenge this Chapter 22 or any subsequent amendment hereto or any decision of any Township official pursuant to this Chapter 22 shall proceed in accordance with Article X of the Pennsylvania Municipalities Planning Code, and in accordance with the procedures specified in the Zoning Ordinance.
[Ord. -/-/1985, -/-/1985, § 906]
It is hereby declared to be the legislative intent that:
1.
If a court of competent jurisdiction declares any provision of this Chapter 22 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 Part 9 shall continue to be separately and fully effective.
2.
If a court of competent jurisdiction finds the application of any provision or provisions of this Chapter 22 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.
