The Board of Supervisors may, from time to time,
amend, supplement, change, modify or repeal this chapter, including
the Zoning Map. When doing so, the Board of Supervisors shall proceed
in the manner prescribed in this chapter.
Proposals for amendment, supplement, change
or modification or repeal may be initiated by the Board of Supervisors
on its own motion, the Planning Commission or petition by one or more
owners of property to be affected by the proposed amendment, subject
to the following provisions:
A.
Proposals originated by Board of Supervisors. The
Board of Supervisors shall submit to the Township Planning Commission
a copy of the proposed amendment, supplement, change, modification
or repealer, as the cases may be, and no action shall be taken thereon
by the Board of Supervisors until such time as the Planning Commission
shall submit to the Supervisors its written recommendation relative
thereto or until the expiration of 30 days from the time of submission
by the Supervisors to the Planning Commission of the said proposed
action, whichever shall first occur. At least 30 days prior to the
hearing on the proposed amendment the Township shall submit the proposed
amendment to the Bucks County Planning Commission for recommendations.
[Amended 10-21-1996 by Ord. No. 305]
B.
Proposals originated by Planning Commission. The Planning
Commission may at any time transmit to the Board of Supervisors any
proposal for the amendment, supplement, change, modification or repeal
of this chapter.
C.
Private petition for amendment. A landowner who desires
to seek an amendment to this chapter shall file an application for
amendment and present it to the Township with the fee as set forth
by the Board of Supervisors by resolution and shall set forth the
following:
(1)
The applicant's name and address and his representative
and the interest of every person represented in the application.
(2)
A plan showing the extent of the area to be
rezoned, streets bounding and intersecting the area, land use and
zoning classification of abutting districts and tax parcel numbers
of the areas to be rezoned.
(3)
A statement of the circumstances in the proposed
district and the abutting districts and any other factors on which
the applicant relies as reasons for supporting the proposed rezoning.
(4)
Information and analysis of traffic and other
impacts that may be needed by the Township to evaluate the proposed
amendment.
D.
Proposals by curative amendments. A landowner who
desires to challenge the validity of this chapter 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 916.1 of the Pennsylvania Municipalities
Planning Code (Act 247), as amended.[1] The curative amendment shall be referred to the Planning
Commission, and no action shall be taken thereon by the Board of Supervisors
until such time as the Planning Commission shall submit to the Board
of Supervisors its written recommendation relative thereto or until
the expiration of 30 days from the time of submission by the Board
of Supervisors to the Planning Commission of said curative amendment,
whichever shall first occur. The Board of Supervisors shall commence
a hearing thereon within 60 days of the request. The conduct of the
hearing and the determination by the Board of Supervisors shall be
in accordance with Sections 609.1(b) and (c)(1) through (5), of the
Pennsylvania Municipalities Planning Code, as amended.[2]
A.
Upon receipt of the Planning Commission's recommendation
and before voting on any proposed amendment to this chapter, the Board
of Supervisors shall hold a public hearing thereon pursuant to public
notice.
B.
If the proposed amendment involves a Zoning Map change,
notice of the proposed public hearing on said change shall be conspicuously
posted by the Township at points deemed sufficient by the Township
along the perimeter of 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.
Proposed zoning ordinances and amendments shall not
be enacted unless the requirements for publication, advertisement
and availability of proposed ordinances as set forth by the Pennsylvania
Municipalities Planning Code, Act 247, as amended, Section 610,[1] are met.
[1]
Editor's Note: See 53 P.S. § 101610.
D.
In the event that substantial amendments are made
in the proposed ordinance or amendment, before voting on enactment,
the Board of Supervisors shall at least 10 days prior to enactment
readvertise, in one newspaper of general circulation in the Township,
a brief summary setting forth all the provisions in reasonable detail
together with a summary of the amendment.
A.
Enactment of any proposed amendment shall be by the
vote of the Board of Supervisors. Any proposed amendment favorably
acted upon shall be specifically found to be in accordance with the
spirit and intent of the Lower Makefield Township Comprehensive Plan.
B.
Within 30 days after enactment, a copy of the amendment
to this chapter shall be forwarded to the Bucks County Planning Commission
and the Bucks County Law Library.
Any person desiring to challenge this chapter
or any subsequent amendment hereto shall proceed in accordance with
Article X-A of the Pennsylvania Municipalities Planning Code, as amended.
The Board of Supervisors shall from time to
time enact rules and regulations to facilitate the administration
of this chapter and shall by resolution from time to time establish
reasonable fees to be paid by applicants in order to defray expenses
which may be incurred by the Township.
