Section 1005 - Penalties

A. Any person, partnership or corporation who or which has violated or permitted the violation of any provisions of this zoning ordinance shall, upon being found liable therefor in a civil enforcement proceeding commenced by a township pay a judgment of not more than $5 00 plus all court costs, including reasonable attorney fees incurred by a township as 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 township 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 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 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 zoning ordinances shall be paid over to the township whose ordinance has been violated. (Amended 11/13/89)

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. (Amended 11/13/89)

C. Nothing contained in this section shall be construed or interpreted to grant to any person or entity other than the Township the right to commence any action for enforcement pursuant to this section. (Amended 11/13/89)

Section 1006 - Amendments

A. The Board of Supervisors may from time to time amend, supplement, change, modify or repeal this Ordinance and accompanying map. (Amended 11/13/89)

B. Proposed zoning ordinances and 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 Township where copies of the proposed ordinance or amendment may be examined without charge or obtained for a charge not greater than the cost thereof. The Board of Supervisors shall publish the proposed ordinance or amendment once in one newspaper of general circulation in the Township not more than 60 days nor less than 7 days prior to passage. Publication of the proposed ordinance or amendment shall include either the full text thereof or the title and a brief summary, prepared by the Township solicitor and setting forth all of the provision in reasonable detail. If the full text is not included: (Amended 11/13/89)

1. A copy thereof shall be supplied to a newspaper of general circulation in the Township at the time the public notice is published. (Amended 11/13/89)

2. An attested copy of the proposed ordinance shall be filed in the county law library. (Amendedl1/13/89)

C. Amendment by Citizens' Petition. Whenever the owners of fifty (5 0) percent or more of the frontage in any area wherein a change of zoning regulations is sought, shall present to the Board a petition, duly signed and acknowledged, requesting an amendment or repeal of the regulations prescribed for, or of the Zoning Map including such area. Upon receipt of the petition, it is the duty of the Board to hold a public hearing. Such hearing shall involve notice to be given in the manner prescribed in Section 1006.B. (Amended 11/13/89)

1. An environmental analysis study will be required for all private requests to the Board of Supervisors for change(s) to the Zoning Map. The purpose of this study is to measure the impact on the Township's agricultural, environmental, scenic and historic resources as delineated on maps IA through IC in the London Britain Township Open Space, Recreation and Environmental Resources Plan. The study shall state the extent to which the proposed zoning change(s) conform with and compliment the Open Space Plan as referenced in Chapter 6 and the Plan Recommendations Map.

Section 1007 - Curative Amendment

A. A landowner who desires to challenge on substantive grounds the validity of the Ordinance or map or any provision 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 Section 609.1 of Act 170. The Board of Supervisors shall commence a hearing thereon within sixty (60) days of the request. (Amended 11/13/89)

1. An environmental analysis study will be required for all private requests to the Board of Supervisors for change(s) to the Zoning Map. The purpose of this study is to measure the impact on the Township's agricultural, environmental, scenic and historic resources as delineated on maps IA through IC in the London Britain Township Open Space, Recreation and Environmental Resources Plan' The study shall state the extent to which the proposed zoning change(s) conform with and compliment the Open Space Plan as referenced in Chapter 6 and the Plan Recommendations Map.

Section 1008 - Planning Commission Referral



The Board of Supervisors may refer each petition or proposal for change or amendment whether under this Article or under another Article to the Planning Commission, which will consider whether or not such proposed change or amendment would be, in the view of the Commission, consistent with and desirable in furtherance of the Comprehensive Plan upon which this Ordinance is based, as the same may be modified from time to time. The Commission shall transmit its conclusion thereon, together with its reasons therefore, to the Board of Supervisors, within forty-five (45) days. 'Me Board of Supervisors shall take such conclusion and reasons into consideration in reaching its decision, but shall not be bound thereby. In addition, the Board of Supervisors shall submit the proposed ordinance to the Chester County Planning Commission at least thirty (30) days prior to the hearing for their review and recommendations.

Section 1009 - Causes of Action

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 any provisions of this ordinance, the 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 the township at least 30 days prior to the time the action is begun by serving a copy of the complaint on the township. No such action may be maintained until such notice has been given. (Amended 11/13/89)