[Amended 6-8-1993 by Ord. No. 864]
A. 
The Borough Council may from time to time amend, supplement or repeal any of the regulations and provisions of this chapter. The procedure for the preparation of a proposed zoning ordinance as set forth in § 607 of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10607, is hereby declared optional.
[Amended 10-18-2004 by Ord. No. 943]
B. 
Notice.
[Amended 10-18-2004 by Ord. No. 943]
(1) 
Before voting on the enactment of an amendment, the Borough Council shall hold a public hearing thereon, pursuant to public notice. In addition, if the proposed amendment involves a Zoning Map change, notice of said public hearing shall be conspicuously posted by the Borough at points deemed sufficient by the Borough along the perimeter of the tract to notify potentially interested citizens. The affected tract or area shall be posted at least one week prior to the date of the hearing.
(2) 
In addition to the requirement that notice be posted under Subsection B(1) above, where the proposed amendment involves a Zoning Map change, notice of public hearing shall be mailed by the municipality at least 30 days prior to the date of the hearing by first class mail to the addressees to which real estate tax bills are sent for all real property located within the area being rezoned, as evidenced by tax records within the possession of the municipality. The notice shall include the location, date and time of the public hearing. A good faith effort and substantial compliance shall satisfy the requirements of this subsection. This clause shall not apply when the rezoning constitutes a comprehensive rezoning.
C. 
In the case of an amendment other than that prepared by the Planning Commission the Borough Council shall submit each such amendment to the Planning Commission at least 30 days prior to the hearing on such proposed amendment to provide the Planning Commission an opportunity to submit recommendations.
D. 
If, after any public hearing held upon an amendment, the proposed amendment is changed substantially, or is revised, to include land previously not affected by it, the Borough Council shall hold another public hearing, pursuant to public notice, before proceeding to vote on the amendment.
E. 
At least 30 days prior to the public hearing on the amendment by the Borough Council, the Borough shall submit the proposed amendment to the county planning agency for recommendations.
F. 
Within 30 days after enactment, a copy of the amendment to this chapter shall be forwarded to the County Planning Agency.
Any property owner who petitions the Borough Council for a change in zoning must prepare an impact statement which outlines the effects which the granting of this petition will have on the Borough. Such impact statement must be submitted together with the petition for changes of zoning.
A. 
Environmental impact. Is there any change in existing environmental standards? If so, what is the predicted impact on stormwater runoff, erosion, scenic areas, the general amenity of the community?
B. 
Transportation impact. Analysis of existing road capacities adjacent to the site and from the site to bounds of the Borough. Indication of proposed destinations of trips and total trip generation based on the following rates:
Vehicular Trip-Ends Per Day
Office
17 trips/1,000 square feet (trip-ends per day per 1,000 square feet)
Retail
70 trips/1,000 square feet
Retail-malls
46 trips/1,000 square feet
Industrial
33 trips/acre
Single-family
8.7 trips/DU
Apartments
6.7 trips/DU
Capacities for arterial and collector roads shall be considered to be PennDOT level C. All hazardous or congested areas, existing or to be created, shall be identified. Recommended improvements and their costs shall be listed.
C. 
Service impact. Define demand for public services, sewer, water, police and schools. Where standards of use are set by other agencies such as the Department of Environmental Resources, these shall be used. For schools, the following factors shall be used.
School Children Per Dwelling Unit
1 Bedroom
2 Bedroom
3 Bedroom
4 Bedroom or More
Single-family, duplex, patio
—
—
0.63
1.30
Atrium, townhouse, fourplex
—
0.22
0.65
1.05
Apartments
0.05
0.35
0.60
—
All capacities of existing facilities shall be identified and compared with demands that would be generated if the proposal were implemented.
D. 
Regional impact. Regional housing needs shall be examined and Borough performance with respect to these identified.
Any amendment or repeal of this chapter shall be specifically found by Borough Council to be in accordance with the spirit and intent of the Comprehensive Plan before final action shall be taken.
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, Borough Council, or an officer of the Borough with the approval of the Council, may institute in the name of the Borough any appropriate action or proceeding 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 person may file a written complaint with the Zoning Officer in regard thereto. The Zoning Officer shall promptly investigate all complaints and make report thereon to Borough Council.
[Amended 6-8-1993 by Ord. No. 864]
A. 
Amendments to this chapter shall become effective only after a public hearing held pursuant to public notice. A brief summary setting forth the principal provisions of the proposed amendment and a reference to the place within the Borough where copies of the proposed amendment may be secured or examined shall be incorporated in the public notice. Unless the proposed amendment shall have been prepared by the Planning Commission, the Borough Council shall submit the amendment to the Planning Commission at least 30 days prior to the hearing on such amendment to provide the Planning Commission an opportunity to submit recommendations. In addition, at least 30 days prior to the public hearing on the amendment, the Borough shall submit the proposed amendment to the County planning agency for recommendations.
B. 
Within 30 days after adoption, the Borough Council shall forward a certified copy of the amendment to the County Planning Agency.
C. 
Proposed amendments shall not be enacted unless notice of proposed enactment is given in the manner set forth in this section, and shall include the time and place of the meeting at which passage will be considered, a reference to a place within the Borough where copies of the proposed amendment may be examined without charge or obtained for a charge not greater than the cost thereof. The Borough Council shall publish the proposed amendment once in a newspaper of general circulation in the Borough not more than 60 days nor less than seven days prior to passage. Publication of the proposed amendment shall include either the full text thereof or the title and a brief summary, prepared by the Borough Solicitor and setting forth all the provisions in reasonable detail. If the full text is not included:
(1) 
A copy thereof shall be supplied to a newspaper of general circulation in the Borough at the time the public notice is published.
(2) 
An attested copy of the proposed amendment shall be filed in the County law library (or other County office designated by the County Commissioners).
D. 
In the event substantial amendments are made in the proposed amendment, before voting upon enactment, the Borough Council shall, at least 10 days prior to enactment, readvertise, in one newspaper of general circulation in the Borough, a brief summary setting forth all the provisions in reasonable detail together with a summary of the amendments.
[Amended 6-8-1993 by Ord. No. 864]
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 Borough Council or, with the approval of the Borough Council, an officer of the Borough, 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 the Borough at least 30 days prior to the time the action is begun by serving a copy of the complaint on the Borough Council. No such action may be maintained until such notice has been given.
[Amended 6-8-1993 by Ord. No. 864]
A. 
If it appears to the Borough that a violation of this chapter has occurred, the Borough shall initiate enforcement proceedings by sending an enforcement notice as provided in this section.
B. 
The enforcement notice shall be sent to the owner of record of the parcel on which the violation has occurred, to any person who has filed a written request to receive enforcement notices regarding that parcel, and to any other person requested in writing by the owner of record.
C. 
An enforcement notice shall state at least the following:
(1) 
The name of the owner of record and any other person against whom the Borough intends to take action.
(2) 
The location of the property in violation.
(3) 
The specific violation with a description of the requirements which have not been met, citing in each instance the applicable provisions of this chapter.
(4) 
The date before which the steps for compliance must be commenced and the date before which the steps must be completed.
(5) 
That the recipient of the notice has the right to appeal to the Zoning Hearing Board within a period of 10 days.
(6) 
That failure to comply with the notice within the time specified, unless extended by appeal to the Zoning Hearing Board, constitutes a violation, with possible sanctions clearly described.
[Amended 6-8-1993 by Ord. No. 864]
A. 
Any person, partnership or corporation who or which has violated or permitted the violation of the provisions of this chapter shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Borough, pay a judgment of not more than $500 plus all court costs, including reasonable attorney fees incurred by the Borough 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 Borough 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 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.
B. 
The court of common pleas, upon petition, may grant an order of stay, upon cause shown, tolling the per diem fine 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 Borough the right to commence any action for enforcement pursuant to this section.
D. 
District Justices shall have initial jurisdiction over proceedings brought under this section.
It is hereby declared to be the legislative intent that:
A. 
If a court of competent jurisdiction declares any provision of this chapter 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 chapter shall continue to be separately and fully effective.
B. 
If a court of competent jurisdiction finds the application of any provision or provisions of this chapter to any 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.
Ordinance Number 613, adopted December 12, 1968 and amended April 13, 1970 and entitled "The Borough of Morrisville Zoning Ordinance of 1968" and all supplements and amendments thereto are hereby repealed. Provided, however, if the present ordinance is held to be ineffective or invalid by reason of some irregularity in or impediment to its passage, this repealer shall also be ineffective as aforesaid, then and in that event the Zoning Ordinance of 1968, together with its supplements and amendments, would necessarily remain in full force and effect.
This chapter shall become effective the 8th day of July, A.D. 1980.