1. The Board of Supervisors may from time to time amend this Ordinance, including the Zoning Map (Appendix C).
2. Proposals for amendment, supplement, change, or modification or repeal may be initiated by the Board of Supervisors on its own motion, the Township Planning Commission, or by petition by one or more owners of property to be affected by the proposed amendment. Any proposed amendment favorably acted upon shall be specifically found to be in accordance with the spirit and intent of the community development objectives of the Township Comprehensive Plan.
(Ord. passed 10-2-2007, § 1300)
§ 1302 Public Hearings Prior to Amendment.
1. Before voting on the enactment of any amendment, the Board of Supervisors shall hold a public hearing pursuant to public notice. Public notice shall be as defined by the State Municipalities Planning Code. (Note: As of the enactment date of this Ordinance, such provisions were in § 610 of such Act, and in the definition of public notice.)
2. 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 Board of Supervisors shall hold another public hearing pursuant to public notice before proceeding to vote on the amendment. In the event substantial amendments are made in the proposed ordinance or amendment, before voting upon enactment, the Board of Supervisors shall at least 10 days prior to enactment re-advertise, 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.
(Ord. passed 10-2-2007, § 1301)
§ 1303 Private Petition for Amendment.
Every application for amendment of the zoning ordinance shall first be presented to the Township Secretary and shall contain the following:
A. The applicant’s name and address and his representative and the interest of every person represented in the application.
B. A plan showing the extent of the area to be rezoned, streets bounding and intersecting the area, land use and zoning classification of abutting districts, and photographs of the area to be rezoned and abutting areas.
C. A statement of the circumstances in the proposed district and the abutting districts and any other factors on which the applicant relies as reasons for supporting the proposed rezoning.
D. The approximate time schedule for the beginning and completion of development in the area.
E. A site plan to scale indicating the location of structures, uses, areas for off-street parking and loading.
F. Information about the market area to be served by the proposed development, if a commercial use, including population, effective demand for proposed business facilities, and any other information describing the relationship of the proposed development to the needs of the market area as the Zoning Officer, planning commission, or Board of Supervisors may prescribe.
G. A traffic impact study prepared in accordance with the guidelines found in the Township Subdivision and Land Development Ordinance.
(Ord. passed 10-2-2007, § 1302)
§ 1304 Submission to the Township Planning Commission and County Planning Commission.
1. In case of an amendment other than one prepared by the Township Planning Commission, the Board of Supervisors shall submit each such amendment to the Township Planning Commission at least 30 days prior to the hearing in order to provide the Planning Commission an opportunity to submit recommendations. At least 30 days prior to the hearing on the proposed amendment the Township Planning Commission shall submit the proposed amendment to the Bucks County Planning Commission for recommendations.
2. Within 30 days after enactment, a copy of the amendment to the zoning ordinance shall be forwarded to the County Planning Commission.
(Ord. passed 10-2-2007, § 1303)
§ 1305 Proposals by Private Curative Amendment.
1. A landowner who desires to challenge on substantive grounds the validity of a zoning ordinance or map or any provisions thereof, which prohibits or restricts the use or development of land in which he has an interest may submit a curative amendment to the Board of Supervisors with a written request that his challenge and proposed amendment be heard and decided as provided in § 916.1 of the Municipalities Planning Code as amended. The Board of Supervisors shall commence a hearing thereon within 60 days of the request as provided in § 916.1 of the Pennsylvania Municipalities Planning Code, as amended. The curative amendment and challenge shall be referred to the Township Planning Commission and notice of the hearing thereon shall be given as provided by the Pennsylvania Municipalities Planning Code, as amended.
2. Procedures for the public hearing as set forth on § 609.1 of the Pennsylvania Municipalities Planning Code, as amended, shall be followed.
(Ord. passed 10-2-2007, § 1304)
§ 1306 Municipal Curative Amendment.
If the Township determines that its zoning ordinance or any portion thereof is substantially invalid, it shall follow the procedures as set forth in § 609.2 of the Pennsylvania Municipalities Planning Code, as amended.
(Ord. passed 10-2-2007, § 1305)
§ 1307 Enforcement.
1. Any person, partnership or corporation who or which has violated or permitted the violation of the provisions of Springfield Township’s Zoning Ordinance, 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 attorney 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 magisterial district judge. If the defendant neither pays nor timely appeals the judgment, the municipality 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 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 ordinance 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. All judgments, costs and reasonable attorney fees collected for the violation of zoning ordinances shall be paid over to Springfield Township.
2. Such judgment shall be entered after suit before the magisterial judge.
3. Enforcement proceedings against violations of this Ordinance shall be commenced by sending an enforcement notice as provided in this Section.
A. 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.
B. The enforcement notice shall state at least the following:
(1) The name of the owner of record and any other person against whom the Township 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 the ordinance.
(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 prescribed period of time in accordance with procedures set forth in the ordinance, and possible sanctions clearly described.
(6) That failure to comply with the notice within the time specified, unless extended by appeal to the Zoning Hearing Board, constitutes a violation.
(Ord. passed 10-2-2007, § 1306)
§ 1308 Complaints of Violations.
Whenever a violation of this Ordinance occurs, any person may file a complaint with the Zoning Officer in regard thereto. The Zoning Officer shall promptly investigate all complaints.
(Ord. passed 10-2-2007, § 1307)
§ 1309 Appeals to Court.
The procedures set forth in Article X-A of the Pennsylvania Municipalities Planning Code, as amended, shall constitute the exclusive mode for securing review of any decision rendered pursuant to this Ordinance or deemed to have been made under this Ordinance.
(Ord. passed 10-2-2007, § 1308)
Springfield Township Bucks City Zoning Code
ARTICLE 13
Amendments, Remedies, Penalties, and Complaints
§ 1301 Power of Amendment.
1. The Board of Supervisors may from time to time amend this Ordinance, including the Zoning Map (Appendix C).
2. Proposals for amendment, supplement, change, or modification or repeal may be initiated by the Board of Supervisors on its own motion, the Township Planning Commission, or by petition by one or more owners of property to be affected by the proposed amendment. Any proposed amendment favorably acted upon shall be specifically found to be in accordance with the spirit and intent of the community development objectives of the Township Comprehensive Plan.
(Ord. passed 10-2-2007, § 1300)
§ 1302 Public Hearings Prior to Amendment.
1. Before voting on the enactment of any amendment, the Board of Supervisors shall hold a public hearing pursuant to public notice. Public notice shall be as defined by the State Municipalities Planning Code. (Note: As of the enactment date of this Ordinance, such provisions were in § 610 of such Act, and in the definition of public notice.)
2. 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 Board of Supervisors shall hold another public hearing pursuant to public notice before proceeding to vote on the amendment. In the event substantial amendments are made in the proposed ordinance or amendment, before voting upon enactment, the Board of Supervisors shall at least 10 days prior to enactment re-advertise, 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.
(Ord. passed 10-2-2007, § 1301)
§ 1303 Private Petition for Amendment.
Every application for amendment of the zoning ordinance shall first be presented to the Township Secretary and shall contain the following:
A. The applicant’s name and address and his representative and the interest of every person represented in the application.
B. A plan showing the extent of the area to be rezoned, streets bounding and intersecting the area, land use and zoning classification of abutting districts, and photographs of the area to be rezoned and abutting areas.
C. A statement of the circumstances in the proposed district and the abutting districts and any other factors on which the applicant relies as reasons for supporting the proposed rezoning.
D. The approximate time schedule for the beginning and completion of development in the area.
E. A site plan to scale indicating the location of structures, uses, areas for off-street parking and loading.
F. Information about the market area to be served by the proposed development, if a commercial use, including population, effective demand for proposed business facilities, and any other information describing the relationship of the proposed development to the needs of the market area as the Zoning Officer, planning commission, or Board of Supervisors may prescribe.
G. A traffic impact study prepared in accordance with the guidelines found in the Township Subdivision and Land Development Ordinance.
(Ord. passed 10-2-2007, § 1302)
§ 1304 Submission to the Township Planning Commission and County Planning Commission.
1. In case of an amendment other than one prepared by the Township Planning Commission, the Board of Supervisors shall submit each such amendment to the Township Planning Commission at least 30 days prior to the hearing in order to provide the Planning Commission an opportunity to submit recommendations. At least 30 days prior to the hearing on the proposed amendment the Township Planning Commission shall submit the proposed amendment to the Bucks County Planning Commission for recommendations.
2. Within 30 days after enactment, a copy of the amendment to the zoning ordinance shall be forwarded to the County Planning Commission.
(Ord. passed 10-2-2007, § 1303)
§ 1305 Proposals by Private Curative Amendment.
1. A landowner who desires to challenge on substantive grounds the validity of a zoning ordinance or map or any provisions thereof, which prohibits or restricts the use or development of land in which he has an interest may submit a curative amendment to the Board of Supervisors with a written request that his challenge and proposed amendment be heard and decided as provided in § 916.1 of the Municipalities Planning Code as amended. The Board of Supervisors shall commence a hearing thereon within 60 days of the request as provided in § 916.1 of the Pennsylvania Municipalities Planning Code, as amended. The curative amendment and challenge shall be referred to the Township Planning Commission and notice of the hearing thereon shall be given as provided by the Pennsylvania Municipalities Planning Code, as amended.
2. Procedures for the public hearing as set forth on § 609.1 of the Pennsylvania Municipalities Planning Code, as amended, shall be followed.
(Ord. passed 10-2-2007, § 1304)
§ 1306 Municipal Curative Amendment.
If the Township determines that its zoning ordinance or any portion thereof is substantially invalid, it shall follow the procedures as set forth in § 609.2 of the Pennsylvania Municipalities Planning Code, as amended.
(Ord. passed 10-2-2007, § 1305)
§ 1307 Enforcement.
1. Any person, partnership or corporation who or which has violated or permitted the violation of the provisions of Springfield Township’s Zoning Ordinance, 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 attorney 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 magisterial district judge. If the defendant neither pays nor timely appeals the judgment, the municipality 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 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 ordinance 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. All judgments, costs and reasonable attorney fees collected for the violation of zoning ordinances shall be paid over to Springfield Township.
2. Such judgment shall be entered after suit before the magisterial judge.
3. Enforcement proceedings against violations of this Ordinance shall be commenced by sending an enforcement notice as provided in this Section.
A. 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.
B. The enforcement notice shall state at least the following:
(1) The name of the owner of record and any other person against whom the Township 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 the ordinance.
(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 prescribed period of time in accordance with procedures set forth in the ordinance, and possible sanctions clearly described.
(6) That failure to comply with the notice within the time specified, unless extended by appeal to the Zoning Hearing Board, constitutes a violation.
(Ord. passed 10-2-2007, § 1306)
§ 1308 Complaints of Violations.
Whenever a violation of this Ordinance occurs, any person may file a complaint with the Zoning Officer in regard thereto. The Zoning Officer shall promptly investigate all complaints.
(Ord. passed 10-2-2007, § 1307)
§ 1309 Appeals to Court.
The procedures set forth in Article X-A of the Pennsylvania Municipalities Planning Code, as amended, shall constitute the exclusive mode for securing review of any decision rendered pursuant to this Ordinance or deemed to have been made under this Ordinance.