The Township Supervisors may from time to time amend this chapter,
including the Zoning Map.
Before voting on the enactment of any amendment, the Supervisors
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 seven days in advance
of the hearing. Such notice shall be published once each 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. 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 Supervisors 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 Township Supervisors with a written request for hearing. The Township Supervisors 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, as amended.[1]
[1]
Editor's Note: See 53 P.S. § 10609.1.
In the case of an amendment other than one prepared by the Planning
Commission, the Township Supervisors shall submit each such amendment
to the Township 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 shall violate
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
attorneys' fees incurred by this 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 fails to either pay or timely appeal such judgment,
this Township shall 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. All judgments, costs
and reasonable attorneys' fees collected for the violation of any
provision of this chapter shall be paid to this Township.
B.
Notwithstanding anything contained herein to the contrary, in case
any building, structure, landscaping or land is or is proposed to
be erected, constructed, reconstructed, altered, converted, maintained
or used in violation of this chapter, the Falls Township Board of
Supervisors or, with the approval of the Falls Township Board of Supervisors,
any officer of Falls Township 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 land or
to prevent in or about such premises any act, conduct, business or
use constituting a violation. When any such action is instituted by
a landowner or tenant, notice of that action shall be served upon
Falls 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 of
Falls Township. No such action may be maintained until such notice
has been given.
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
Supervisors, or an officer of the Township with the approval of the
Supervisors, in addition to other remedies, may institute in the name
of the Township 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.
