A.
Before voting on the enactment of a proposed amendment to this chapter,
the Board of Supervisors shall hold a public hearing pursuant to public
notice. The amendment or a summary setting forth the principal provision
of the amendment shall be published once each week for two successive
weeks in a newspaper of general circulation in the Township. Such
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 and the second publication shall not be
less than seven days from the date of the hearing. The notice shall
include a reference to the place within the Township where copies
of the proposed amendment may be secured or examined.
B.
In case of an amendment other than that prepared by the Planning
Commission, the Board of Supervisors shall submit each such amendment
to the Planning Commission for recommendation at least 30 days prior
to the date fixed for the public hearing on such proposed amendment.
C.
The recommendation of the Planning Commission shall be made in writing
to the Board of Supervisors within 30 days. The recommendation shall
include a specific statement as to whether or not the proposed amendment
is in accordance with the objectives of the Comprehensive Plan.
D.
At least 30 days prior to the hearing on the proposed amendment,
the Board of Supervisors shall submit the proposed amendment to the
Berks County Planning Commission for recommendations.
E.
The recommendation of the Berks County Planning Commission shall
be made to the Board of Supervisors within 30 days and the proposed
action shall not be taken until such recommendation is made. If, however,
the County Planning Commission fails to act within 30 days, the Board
of Supervisors shall proceed without its recommendation.
F.
Before voting on the enactment of a proposed amendment to this chapter,
the Board of Supervisors shall publish the proposed amendment once
in one newspaper of general circulation in the Township not more than
60 days nor less than seven days prior to passage. Publication of
the proposed amendment shall include either the full text or the title
and a brief summary, prepared by the Township Solicitor and setting
forth all the provisions in reasonable detail.
G.
In the event substantial amendments are made to the proposed amendment
before voting on 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.
The Planning Commission and the Board of Supervisors shall keep
a record of their findings, decisions and recommendations relative
to all subdivision and land development plans filed for review and
action. Such records shall be made available to the public for review.
A.
In addition to other remedies, the Township may institute and maintain
appropriate actions by law or in equity to restrain, correct or abate
violations, to prevent unlawful construction, to recover damages and
to prevent illegal occupancy of a building, structure or premises.
The description by metes and bounds 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 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 this chapter.
Any person, partnership or corporation who or which has violated
the provisions of this chapter shall, upon being found liable 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. Judgments shall commence or be imposed
as provided for in § 515.3 of the Pennsylvania Municipalities
Planning Code (Act 247, as amended).
