The Board of Commissioners may from time to
time amend, supplement, change, modify or repeal this chapter, including
the Zoning Map.
The Board of Commissioners, by resolution adopted
at a regular or special meeting, shall fix the time and place of a
public hearing on a proposed amendment and cause public notice thereof
to be given as follows:
A.
A notice published once each week for two successive
weeks in a newspaper of general circulation in the municipality. Such
notice shall state the time and place of the hearing and the particular
nature of the matter to be considered at the hearing. The first publication
shall not be more than 30 days and the second publication shall not
be less than seven days from the date of the hearing.
B.
By mailing or delivering a notice thereof to every
resident or association of residents of the Township or other interested
party, who shall have registered their names and addresses for this
purpose with the Township Secretary.
(1)
The Township Secretary shall mail or deliver
a notice thereof to the owner, if his residence is known and to the
occupiers of every lot on the same street within 500 feet of the lot
or building in question and of every lot not on the same street within
150 feet of said lot or building, provided that failure to give the
notice required by this subsection shall not invalidate any action
take by the Board of Commissioners.
(2)
Mailed or delivered notices shall state the
general nature of the proposed amendment and where the amendment involves
a change in zoning classification, the notice shall state a brief
practical description of the property involved, as approved by the
Township Solicitor, in addition to any other description, legal or
otherwise, now or hereafter required by law.
C.
If the proposed amendment involves a Zoning Map change,
notice of the public hearing shall be conspicuously posted by the
Township at points along the perimeter of the subject 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. The
notice shall state the general nature of the proposed amendment and
that full opportunity to be heard will given to any citizen and all
parties in interest attending such hearing.
An application for amendment of this chapter
shall be submitted to the Code Enforcement Officer 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,
if applicable, including streets bounding and intersecting the area,
existing land use and zoning classification of the area and abutting
districts and photographs of the area to be rezoned and abutting areas.
C.
A statement of the circumstances in the area and abutting
areas and any other factors on which the applicant relies as reasons
for supporting the proposed amendment.
D.
The approximate time schedule for the beginning and
completion of the proposed development in the area, if applicable.
E.
A site plan to scale, indicating the locations of
structures, uses, areas for off-street parking and loading, if applicable.
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 other information
describing the relationship of the proposed development to the needs
of the market area.
Whenever the owners of 50% or more of the frontage in any area wherein a change of zoning regulations is sought shall present to the Board of Commissioners a petition, duly signed and acknowledged, requesting an amendment, supplement, change, modification or repeal of the regulations prescribed for or of the Zoning Maps including such area, it shall be the duty of the Board of Commissioners to hold a public hearing thereon and cause notice thereof to be given in the manner prescribed in § 300-139.
At a public hearing, full opportunity to be
heard shall be given to any citizen and all parties in interest.
All proposed amendments shall be referred to
the Township Planning Commission at least 30 days prior to the public
hearing on such proposed amendments for recommendations and an advisory
report.
All proposed amendments shall be referred to
the County Planning Commission at least 30 days prior to the public
hearing on such proposed amendments for recommendations and an advisory
report.
In case of a protest against such amendment,
change, modification or repeal, signed by the owners of 20% or more
either of the area or the lots included in such proposed changes or
of those immediately adjacent in the rear thereof extending 100 feet
therefrom or of those directly opposite thereto, extending 100 feet
from the street frontage of such opposite lots, such amendment, supplement,
change or modification, shall not become effective except by the favorable
vote of 3/4 of all the members of the Board of Commissioners.
The applicant for a change or amendment of this
chapter, including a change or amendment to the Zoning Map, shall
at the time of making the application pay to the Code Enforcement
Officer a fee in accordance with a fee schedule adopted by resolution
of the Board of Commissioners as shall be determined from time to
by the Board of Commissioners. For each application constituting a
challenge to this chapter, including a challenge to the Zoning Map,
a charge shall also be made in accordance with the fee schedule.
