The Board of Supervisors may from time to time
amend, supplement, change, modify or repeal this chapter, including
the Zoning Map. The Board of Supervisors, before voting on the enactment
of a zoning amendment, shall hold a public hearing thereon, pursuant
to public notice.
A.
Where the proposed amendment involves a Zoning Map
change, notice of said public hearing shall be conspicuously posted
by the Township along the tract at points deemed sufficient by the
Township, the affected tract or area shall be posted at least one
week prior to the date of the hearing.
B.
In addition to the requirement for posting under Subsection A, where the proposed amendment involves a Zoning Map change, notice of the public hearing shall be mailed by the Township at least 30 days prior to the date of the hearing by first class mail to the addresses within which real estate bills are sent for all real property located within the area being rezoned, as evidenced by tax records within the possession of the Township. The notice shall include the location, date, and time of the public hearing. A good faith effort and substantial compliance shall satisfy the requirements of this subsection.
The Board of Supervisors shall refer each petition
or proposal for change or amendment whether under this article or
under another article to the Township Planning Commission and County
Planning Commission at least 30 days prior to the hearing on such
proposed amendment. The Township Planning Commission shall 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 chapter is based, as the
same may be modified from time to time. The Commission shall transmit
its conclusion thereon, together with its reasons therefor, to the
Board of Supervisors within 30 days of receiving the proposed amendment.
The Board of Supervisors shall take such conclusion and reasons into
consideration in reaching its decision, but shall not be bound thereby.
A.
Landowner curative amendments. A landowner who desires
to challenge, on substantive grounds, the validity of this chapter
or Zoning 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 Sections 609.1 and 916.1 of the Pennsylvania Municipalities
Planning Code, as amended.[1]
[1]
Editor's Note: See 53 P.S. §§ 10609.1
and 10916.1.
B.
Township curative amendments. If the Board of Supervisors
determines that this chapter or any portion thereof or amendment thereto
is substantially invalid, it shall have the right to prepare a curative
amendment in accordance with the procedure set forth in Section 609.2
of the Pennsylvania Municipalities Planning Code, as amended.[2]
[2]
Editor's Note: See 53 P.S. § 10609.2.
At any public hearing on a proposed change or amendment, opportunity to be heard shall be given to any citizen. The Board of Supervisors shall take the recommendations of the Township and County Planning Commissions into consideration in reaching its decision, but shall not be bound thereby. The Board of Supervisors shall have the power to adopt general or special rules of procedure for the conduct of any such hearing, except that in the case of a challenge to the ordinance filed under § 370-157A (Landowner curative amendments), hearings shall be conducted in accordance with Section 609.1(b) and Section 908 of the Pennsylvania Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10609.1(b)
and 10908.
All enactments of amendments to the chapter
or map shall be read at public meetings of the Board of Supervisors
and copies can be examined at the Township Building during regular
hours. The Board of Supervisors shall make a decision within 45 days
after the close of the last hearing on the request unless the time
is extended by mutual consent by the landowner and the Board of Supervisors.
Should the Board of Supervisors fail to act on the landowner's request
within the designated time, the request is denied. When a decision
has been made by the Board of Supervisors, a written copy of the decision
shall be delivered to the landowner personally or mailed to him not
later than the day following its date.
