The Board of Township Commissioners may from
time to time amend, supplement, change, modify or repeal this chapter,
including the Zoning Map, by proceeding in the manner indicated in
this article.
[Amended 5-23-1983 by Ord. No. 83-18; 6-11-1990 by Ord. No.
90-26; 10-22-1990 by Ord. No. 90-48; 4-27-1998 by Ord. No. 98-03]
The Board of Commissioners shall, during a public
meeting, fix the time and place of a public hearing on a proposed
zoning amendment and cause notice thereof to be given as follows:
A.
By publishing a legal notice thereof once a week for two consecutive weeks in a newspaper of general circulation within the Township as provided for in § 9.02 of the Home Rule Charter. Such notice shall state the date, place, time and particular nature to be considered at the public hearing. The first publication shall not be more than 30 days and the second publication shall not be less than seven days from the public hearing.
B.
By mailing a notice thereof to contiguous municipalities,
the Township school district and residents or associations of residents
within the Township who have registered their names and addresses
for this purpose with the Department of Community Development. The
Board of Commissioners may fix an annual fee for provisions of notices
to such registered persons or associations.
C.
Where the proposed amendment involves a Zoning Map
change, notice of the public hearing shall be mailed to every property
to be affected and to every property in the Township which is located
on the same street and is within 1,000 feet of the land in question
and to every property not on the same street within 500 feet of said
land. Notice of the public hearing shall also be posted in conspicuous
locations along street frontages of the tract to notify potentially
interested citizens. Such notices shall be posted at least one week
prior to the hearing.
[Amended 10-22-1990 by Ord. No. 90-48]
A.
Any proposed amendment, other than one originated
by the Township Planning Commission, shall be referred by the Board,
at least 30 days prior to the hearing on the amendment, to the Township
Planning Commission. That Commission shall consider whether or not
the proposed amendment would be, in its view, consistent with the
desirable in furtherance of the plan therein referred to for future
land use. The Township Planning Commission shall transmit its conclusion
thereon, together with its reasons therefor, to the Board. The Board
shall take such conclusion and reasons into consideration in reaching
its decision, but shall not be bound thereby.
B.
All proposed amendments shall be submitted by the Board to the Delaware County Planning Department for review and comment, in accordance with the terms of Article VI of the Municipalities Planning Code.[1] The Board shall not act upon the proposed amendment until
a report is received from the County Planning Department or the time
period for such a response has elapsed. The Board shall not be bound
by the recommendations of the County Planning Department.
[1]
Editor's Note: See 53 P.S. § 10603.1
et seq.
[Amended 10-22-1990 by Ord. No. 90-48]
Whenever the owners of 50% or more of the frontage in any district or part thereof wherein a change of zoning regulations is sought shall present to the Board of Township Commissioners a petition duly signed and acknowledged requesting an amendment, supplement, change, modification or repeal of the regulations prescribed for or of the Zoning Map including such district or part thereof, it shall be the duty of the Board of Commissioners to hold a public hearing thereon and cause notice thereof to be given in a manner prescribed in § 280-147.
[Added 10-22-1990 by Ord. No. 90-48]
Applicants to the Board of Commissioners on
the amendment, change or modification to the provisions of this chapter
shall, upon filing of such application, pay the appropriate fee established
by the Township for such application. In addition to the payment of
said filing fee, such applicant shall, at the time, deposit the appropriate
sum established by the Township for each application to cover the
costs of advertising and aforesaid notice, appropriate share of stenographic
service and any other expense incurred in connection with such application;
provided, however, that if the total of the aforesaid costs and expenses
incurred in connection with such application shall be less than the
amount paid by the applicant, the excess of the deposit over the total
of the aforesaid costs and expenses shall be refunded to the applicant.
In no event shall any of the filing fee be refunded.
[Amended 10-22-1990 by Ord. No. 90-48]
At any public hearing on a proposed amendment,
full opportunity to be heard shall be given to any resident of the
Township and all parties in interest.
[Amended 10-22-1990 by Ord. No. 90-48]
Applications to create a Planned Apartment, Planned Business or Planned Laboratory-Office District shall comply with the plan requirements of § 280-132.
[Amended 10-22-1990 by Ord. No. 90-48]
Any landowner who desires to submit a curative amendment may do so pursuant to the procedures set forth in the Pennsylvania Municipalities Code, Article VI, Section 609.1, and Article IX, Section 916.1.[1]
[1]
Editor's Note: See 53 P.S. §§ 10609.1
and 10916.1.
[Added 10-22-1990 by Ord. No. 90-48]
A.
In the event that substantial amendments are made
to the proposed amendment, then the Board, at least 10 days prior
to the scheduled vote on enactment, shall readvertise, in a newspaper
of general circulation within the Township, a brief summary setting
forth all the provisions in reasonable detail, together with a summary
of the proposed amendments. The Board also shall readvertise any proposed
amendment where the scheduled date of enactment is more than 60 days
following the date of the last advertisement of the proposed amendment.
B.
Within 30 days after enactment, a copy of the amendment
shall be forwarded to the Delaware County Planning Department.
