A.
Proposals for amendment, supplement, change, modification or repeal
may be initiated by the governing body or by the Planning Commission.
B.
In case of an amendment other than that prepared by the Planning
Commission, the governing body shall submit each such amendment to
the Planning Commission for recommendations at least 30 days prior
to the date fixed for the public hearing on such proposed amendment.
At least 30 days prior to the hearing on the amendment, the municipality
shall also submit the proposed amendment to the Bucks County Planning
Commission for recommendations.
C.
Within 30 days after adoption, the governing body shall forward a
certified copy of any amendment to this chapter to the Bucks County
Planning Commission.
A.
Before voting on the enactment of an amendment, the governing body
shall hold a public hearing. No amendment shall become effective until
after such hearing at which parties in interest and citizens shall
have an opportunity to be heard.
B.
Notice shall be given once each week for two successive weeks, the
first notice being not more than 30 days, and the second notice not
less than seven days in advance of such hearings and shall be published
in a newspaper of general circulation in the municipality. Such notice
shall state the time and place of the hearing and shall include either
the full text of the proposed amendment, or the title and a brief
summary, prepared by the municipal solicitor and setting forth all
the provisions in reasonable detail. If the full text is not included:
A.
Preventative remedies. In addition to the right of the Township to
enforce a violation of this chapter by means of an action in equity
in the Court of Common Pleas of Bucks County, and other rights the
Township may have at law, including actions to recover damages and
to prevent illegal occupancy of a building, structure, or premises,
the Township may:
(1)
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. This authority to deny such a permit or approval shall apply
to any of the following applicants:
(a)
The owner of record at the time of such violation.
(b)
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.
(c)
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 violations.
(d)
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.
(2)
As an additional condition for issuance of a permit or the granting
of approval to any such owner, current owner, vendee, or lessee for
the development of real property which was subdivided in violation
of this chapter, 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 property.
B.
Enforcement remedies. Any person, partnership or corporation who
or which has violated the provisions of this chapter, upon being found
liable therefore in a civil enforcement proceeding commenced by the
municipality in District Justice Court, shall pay a judgment of $500
plus all court costs, including reasonable attorney fees incurred
by the municipality as a result thereof. 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 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 Magisterial District Judge
and thereafter each day that a violation continues shall constitute
a separate violation.
C.
In the event of a violation of this chapter, the Township may also
elect to pursue equitable remedies and any remedies deemed appropriate
under the Municipalities Planning Code[1] by a court of competent jurisdiction in the Commonwealth
of Pennsylvania.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
