[Amended 10-11-2006 by Ord. No. 880]
A.Â
The Board of Commissioners, from time to time, may
amend, supplement, change, modify, repeal, or replace any portion
of this chapter, including the Zoning Map, in accordance with the
terms of this article.
B.Â
Before voting on the enactment of an amendment, the
Board of Commissioners shall hold a public hearing thereon, pursuant
to public notice, as provided under the Municipalities Planning Code.
In addition, if the proposed amendment involves a Zoning Map change,
notice of said public hearing shall be conspicuously posted by the
municipality at points deemed sufficient by the municipality along
the 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.
C.Â
In the case of an amendment other than that prepared
by the Planning Commission, the Board of Commissioners shall submit
each such amendment to the Planning Commission at least 30 days prior
to the hearing on such proposed amendment to provide the Planning
Commission an opportunity to submit recommendations.
D.Â
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 Commissioners
shall hold another public hearing, pursuant to public notice, before
proceeding to vote on the amendment.
E.Â
If a county planning agency shall have been created
for the county in which the municipality proposing the amendment is
located, then at least 30 days prior to the public hearing on the
amendment by the local governing body, the municipality shall submit
the proposed amendment to the county planning agency for recommendations.
F.Â
Within 30 days after enactment, a copy of the amendment
to the Zoning Ordinance shall be forwarded to the county planning
agency or, in counties where no planning agency exists, to the governing
body of the county in which the municipality is located.
[Amended 10-11-2006 by Ord. No. 880]
A.Â
A landowner who desires to challenge on substantive grounds the validity of the Zoning 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 governing body with a written request that his challenge and proposed amendment be heard and decided as provided under the Municipalities Planning Code. The Board of Commissioners shall commence a hearing thereon within 60 days of the request. The curative amendment and challenge shall be referred to the Township Planning Commission and the county planning agency or agencies as provided in § 114-170C, and notice of the hearing thereon shall be given as provided by law.
B.Â
The hearing shall be conducted in accordance with
53 P.S. § 10908, and all references therein to the zoning
hearing board shall, for purposes of this section be references to
the governing body. If the Township does not accept a landowner's
curative amendment brought in accordance with this subsection, and
a court subsequently rules that the challenge has merit, the court's
decision shall not result in a declaration of invalidity for the entire
Zoning Ordinance and Map, but only for those provisions which specifically
relate to the landowner's curative amendment and challenge.
C.Â
If the Board of Commissioners determines that a validity
challenge has merit, the Board may accept a landowner's curative amendment,
with or without revision, or may adopt an alternative amendment which
will cure the challenged defects. The Board shall consider the curative
amendments, plans and explanatory material submitted by the landowner
and shall also consider:
(1)Â
The impact of the proposal upon roads, sewer
facilities, water supplies, schools and other public service facilities;
(2)Â
If the proposal is for a residential use, the
impact of the proposal upon regional housing needs and the effectiveness
of the proposal in providing housing units of a type actually available
to and affordable by classes of persons otherwise unlawfully excluded
by the challenged provisions of the ordinance or map;
(3)Â
The suitability of the site for the intensity
of use proposed by the site's soils, slopes, woodland, wetlands, floodplains,
aquifers, natural resources and other natural features;
(4)Â
The impact of the proposed use on the site's
soils, slopes, woodland, wetlands, floodplains, natural resources
and natural features, the degree to which these are protected or destroyed,
the tolerance of the resources to development and any adverse environmental
impacts; and
(5)Â
The impact of the proposal on the preservation
of agriculture and other land uses which are essential to public health
and welfare.
[Amended 10-11-2006 by Ord. No. 880]
A.Â
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 municipality 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 Commissioners shall
publish the proposed ordinance or amendment once in one newspaper
of general circulation in the municipality not more than 60 days nor
less than seven 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 Municipal Solicitor
and setting forth all the provisions in reasonable detail. If the
full text is not included:
(1)Â
A copy thereof shall be supplied to a newspaper
of general circulation in the municipality at the time the public
notice is published.
(2)Â
An attested copy of the proposed ordinance shall
be filed in the county law library or other county office designated
by the County Commissioners, who may impose a fee no greater than
that necessary to cover the actual costs of storing said ordinances.
B.Â
In the event substantial amendments are made in the
proposed ordinance or amendment, before voting upon enactment, the
Board of Commissioners shall, at least 10 days prior to enactment,
readvertise, in one newspaper of general circulation in the municipality,
a brief summary setting forth all the provisions in reasonable detail
together with a summary of the amendments.
C.Â
Zoning ordinances and amendments may be incorporated
into official ordinance books by reference with the same force and
effect as if duly recorded therein.
[1]
Editor's Note: Former § 114-173
was repealed 10-11-2006 by Ord. No. 880.
