The Board of Supervisors of Whitemarsh Township
may, from time to time, amend, supplement, change, modify or repeal
this chapter, including the Zoning Map.
[Amended 8-23-1990 by Ord. No. 604]
A.
The Board of Supervisors, by motion passed at a regular
or special meeting, shall fix the date, time and place of a public
hearing on any proposed amendment and shall:
[Amended 9-25-2008 by Ord. No. 862]
(2)
Conspicuously post notice thereof at points
deemed sufficient by the Township along the perimeter of the tract.
(3)
Mail a notice thereof to every resident or association
of residents of the Township who shall have registered, in writing,
their names and addresses for this purpose with the Township Manager
on or after January 1 of the calendar year when said public hearing
is held but prior to the conclusion of any such public hearing. Any
such registration of name(s) effected prior to January 1 of any calendar
year in which a public hearing on a proposed amendment is held will
not be recognized as a registration for the purpose of this section.
(4)
Mail a notice thereof to the owner, owners or
occupiers of every lot within 500 feet of an area or areas whose zoning
classification is proposed to be changed, if their residence is known.
B.
Said notice shall state the general nature of the
proposed amendment and that full opportunity to be heard will be given
to any citizen and all parties in interest attending such hearing.
Every application for amendment of the Zoning
Ordinance shall first be presented to the Zoning 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,
street bounding and intersecting the area, the land use and zone classification
of abutting districts, and photographs of the area to be rezoned and
abutting areas.
C.
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.
D.
The approximate time schedule for the beginning and
completion of development in the area.
E.
A site plan to scale, indicating the location of structures,
uses, areas for off-street parking and loading.
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 any other information
describing the relationship of the proposed development to the needs
of the market area as the Zoning Officer, Planning Commission or governing
body shall prescribe.
Whenever the owners of 50% or more of the property owners within any district or the property owners of property fronting on the same street or streets or abutting on the property sought to be changed, and situate within 1,000 feet of the property sought to be changed, shall present to the Board of Supervisors a petition duly signed and acknowledged, requesting an amendment, supplement, change, modification or repeal of the regulations prescribed, or of the Zoning Map, including such district, it shall be the duty of the Board of Supervisors to hold a public hearing thereon and cause notice thereof to be given in the manner prescribed in § 116-237 herein.
[Amended 8-23-1990 by Ord. No. 604]
In the case of an amendment other than that
prepared by the Township's Planning Commission, the Board of Supervisors
shall submit each such amendment to the Township's Planning Commission
and other technical agencies, such as the Montgomery County Planning
Commission, at least 30 days prior to the hearing on such proposed
amendment to provide these planning agencies an opportunity to submit
recommendations.
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 situated within 1,000 feet of the property, such amendment,
supplement, change or modification shall not become effective except
by the favorable vote of 2/3 of all the members of the governing body.
A.
For the purpose of defraying expenses of advertising,
etc., applications for amendments shall be accompanied by cash payments
to the Township in accordance with a fee schedule adopted by resolution
of the Board of Supervisors upon the enactment of this chapter or
as such schedule may be amended by resolution of the Board of Supervisors.
B.
Legal and engineering costs. It shall be the obligation
of any person or persons who apply to or petition the Board of Supervisors
for a change of zoning classification of the Zoning Map or for modification
of any provisions of the Zoning Code, including a petition for a curative
amendment, to reimburse the Township for all legal, engineering or
other expenses reasonably incurred by the Township in processing and
considering said petition; provided, however, that where litigation
occurs in any manner related to any such application or petition,
the person or persons making such application or petition shall be
responsible only for legal fees related to such litigation as the
court shall assess in the matter as a part of its verdict.
[Amended 9-25-2008 by Ord. No. 862]
If any person or persons who have an interest
(as legal or equitable owner or lessee, contingent or otherwise) in
any tract, apply for an amendment to the Zoning Ordinance, which change
would affect said tract, such person or persons shall cause a sign
or signs to be posted upon each street upon which the tract has frontage;
such sign or signs shall conform to the following requirements:
A.
The face of each sign shall contain a minimum of 12
square feet and a maximum of 24 square feet of area.
B.
A sign shall be posted upon the subject tract within
15 feet of the existing right-of-way of each street upon which the
tract has frontage.
C.
Each sign shall be erected parallel to the street
and shall be erected so that its face shall be unobstructed and clearly
visible from the street upon which it is posted. The precise location
of each sign shall be approved by the Township Supervisors who shall
not unreasonably withhold such approval.
D.
The sign shall be white and contain black letters
and numbers which shall be clearly legible from the street upon which
the sign is posted; all of such letters and numbers shall be at least
four inches in height and two inches in width.
E.
The sign shall contain the following language:
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"Notice is hereby given that application has
been made to change the zoning of this tract from __________ to __________;
the tract contains __________ acres. A hearing on the application
scheduled for __________ in the Whitemarsh Township Building at 616
Germantown Pike, at __________ p.m."
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The blank spaces shall be filled with the present
zoning district, the proposed zoning district, the number of acres
affected by the application for rezoning, the date of the hearing
and the hour of the hearing, respectively.
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F.
Any such sign shall be erected at least 20 days prior
to the original hearing on such application and shall be removed within
five days after the original hearing on such application.
G.
If any sign required hereunder is not erected as herein
provided, the Township may cause such sign to be prepared and erected,
and all reasonable expenses incurred by the Township shall be reimbursed
by the applicant prior to the original hearing on the application.
H.
The provisions of this section shall apply in all
districts, and the signs required hereunder shall be in addition to
the maximum number of signs permitted on any property, other provisions
of this chapter to the contrary notwithstanding.
I.
Persons erecting signs under this section shall not
be required to obtain sign permits or pay a sign permit fee.
