(a) Power to Amend. The regulations, restrictions, boundaries and requirements set forth in this Zoning Code may be amended, supplemented, changed or repealed by the Board of Commissioners by amending this Zoning Code in accordance with the provisions of Article VI of the Pennsylvania Municipalities Planning Code, as amended, and the terms of this chapter.
(b) Procedure for Amendment.
(1) An ordinance amending, supplementing or changing the district boundaries (Zoning Map) or the regulations established herein may be initiated:
A. By the Board of Commissioners, upon its own initiative or upon recommendation of the Planning Commission.
B. Upon a petition to the Board of Commissioners signed by the owners of fifty percent or more of the frontage of any area, which shall be not less than the area contained between two streets, wherein a change of zoning regulations is being sought.
C. By a landowner requesting an amendment or repeal. In the case of a curative amendment, the special requirements of the Pennsylvania Municipalities Planning Code shall apply.
(2) Before voting on the enactment of an amendment, the Board of Commissioners shall hold a public hearing thereon, pursuant to public notice, If the proposed amendment involves a map change, notice of said public hearing shall be conspicuously posted along the perimeter of the tract at least one week prior to the hearing
(3) The Board of Commissioners shall submit each proposed zoning amendment, other than one prepared by the Township Planning Commission, to the Planning Commission at least thirty days prior to any hearing which is to be held on the proposed amendment to provide the Planning Commission with an opportunity to submit its recommendations prior to final action.
(4) 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 Board of Commissioners shall hold another public hearing as required by law pursuant to public notice, before proceeding to vote on the amendment.
(5) As required by the Pennsylvania Municipalities Planning Code, a copy of any proposed zoning amendment shall also be sent to the County Planning Commission at least thirty days prior to any hearing on the proposed amendment, in order to provide the County Planning Commission an opportunity to submit its recommendations prior to final action on the amendment.
(6) The Township may offer a mediation option as an aid in completing proceedings authorized in this section. In exercising such an option, the Municipality and mediating parties shall meet the stipulations of Section 908.1 of the Pennsylvania Municipalities Planning Code, Act 247, as amended by Act 170, relating to the mediation option.
(7) Within thirty days after enactment, a copy of the amendment to this Zoning Code shall be forwarded to the Delaware County Planning Commission. (Ord. 662. Passed 2-21-90.)
(c) Fee. A fee of one thousand dollars ($1,000) shall accompany any application or petition for curative amendment filed by a landowner with the Township of Aston. If the actual costs as allowed by the Pennsylvania Municipalities Planning Code exceed the aforementioned fee of one thousand dollars ($1,000), those allowable costs referred to above shall be billed to the aforementioned landowner who shall be responsible for the allowable costs in excess of the one thousand dollars ($1,000) fee. (Res. 91-43. Passed 3-20-91.)
(a) Any person or corporation who has violated or permitted a violation of this Zoning Code shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township, pay a judgment of not more than five hundred dollars ($500.00) plus all court costs, including reasonable attorney fees incurred by the Township as a result thereof, unless a different penalty is provided elsewhere in this Zoning Code. 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 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 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 Zoning Code to have believed that there wag 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 attorney fees collected for the violation of this Zoning Code shall be paid over to the Township.
(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 Municipality the right to commence any action for enforcement pursuant to this section.
1992 Replacement
(d) District Justices shall have initial jurisdiction over proceedings brought under this section.
(Ord. 662. Passed 2-21-90.)
(e) In addition to any other penalties, remedies, revocations or sanctions imposed by this Zoning Code, whoever fails to have the necessary permits as set forth and required by this Zoning Code shall be subject to the following:
(1) For a first offense, the violator shall be given a warning;
(2) For a second offense, the violator shall be fined in an amount double the cost of the permit, with such fine not to exceed those limits as legislatively imposed by the Commonwealth;
(3) For a third or subsequent offense, the violator shall be fined not more than three hundred dollars ($300.00).
(Ord. 705. Passed 12-16-92.)
1993 Replacement