[Amended 1-21-1992 by Ord. No. 294; 10-4-2016 by Ord. No. 442]
A.
Power of amendment. 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 section.
B.
Initiation of Zoning amendment. Proposals for amendment, supplement, change, modification or repeal may be initiated by the Board of Supervisors on its own motion, by the Planning Commission, or by petition of one or more owners of property to be affected by the proposed amendment. Each petition by one or more property owners shall be signed and acknowledged and submitted in writing to the Zoning Officer. The applicant(s) for an amendment to the Zoning Map shall submit the information required in § 185-95D, Plan requirements.
C.
Enactment of Zoning Ordinance amendments.
(1)
Before voting on the enactment of an amendment to the Zoning Ordinance,
the Board of Supervisors shall hold a public hearing thereon, pursuant
to public notice. In addition, if the proposed amendment involves
a Zoning Map change, notice of said public hearing 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 hearings.
(2)
The Board of Supervisors shall submit each such amendment to the
Bucks County Planning Commission and Upper Southampton Planning Commission
at least 30 days prior to the hearing on such proposed amendment to
the Planning Commissions to review and submit recommendations.
(3)
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 Supervisors shall resubmit each such
amendment to the Bucks County Planning Commission and Upper Southampton
Planning Commission at least 30 days prior to the hearing and shall
hold another public hearing, pursuant to public notice, before proceeding
to vote on the amendment.
(4)
Within 30 days after enactment, a copy of the amendment to the Zoning
Ordinance shall be transmitted to the Bucks County Planning Commission.
D.
Plan requirements. The request for an amendment to the Zoning Map
shall be accompanied by the following information:
(1)
A map, drawn to scale, showing the location, boundaries, dimensions,
and ownership of land to be rezoned.
(2)
A statement outlining the nature, types of uses, general program of development, and other pertinent information with respect to the proposed development of the land to be rezoned and its impact to the surrounding community including but not limited to consistency with comprehensive plan and General Regulations (Article VII of the Zoning Ordinance, § 185-52 through § 185-63), off-street parking and aesthetics. Applicant shall supply additional information and/or studies related to the impact on the surrounding community as may be requested by the Township.
(3)
A plan showing the land areas to be allocated to major use groups
and buffer provisions along boundary lines. In addition, such plan
shall show the applicant's conception of the entire layout to enable
the Board of Supervisors to judge the character and general effectiveness
of design of the subject land and its relationship to surrounding
areas.
[Amended 1-21-1992 by Ord. No. 294]
A.
A landowner who desires to challenge on substantive
grounds the validity of this chapter or the 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 § 916.1
of the Pennsylvania Municipalities Planning Code (hereinafter "MPC"),
53 P.S. § 10916.1. The curative amendment and challenge
shall be referred to the Planning Commission and the county planning
agency as provided in § 609 and notice of the hearing thereon
shall be given as provided in §§ 610 and 916.1 of the
MPC, 53 P.S. §§ 10609, 10610, and 10916.1.
B.
The hearing shall be conducted in accordance with
§ 908 of the MPC, 53 P.S. § 10908, and all references
therein to the Zoning Hearing Board shall, for purposes of this section
be references to the Board of Supervisors. If the Township of Upper
Southampton 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 this entire chapter and Zoning
Map, but only for those provisions which specifically relate to the
landowner's curative amendment and challenge.
C.
The Board of Supervisors, if it determines that a
validity challenge has merit, 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 of Supervisors shall consider
the curative amendments, plans and explanatory material submitted
by the landowner and shall also consider:
(1)
The impact of the proposal upon roads, sewer facilities,
water supplies, schools and other public service facilities.
(2)
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 this chapter or Zoning Map.
(3)
The suitability of the site for the intensity of use
proposed by the site's soils, slopes, woodlands, wetlands, floodplains,
aquifers, natural resources and other natural features.
(4)
The impact of the proposed use on the site's soils,
slopes, woodlands, 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.
(5)
The impact of the proposal on the preservation of
agriculture and other land uses which are essential to public health
and welfare.
[Amended 1-21-1992 by Ord. No. 294]
A.
If the Township of Upper Southampton determines that
this chapter, or any portion hereof, is substantially invalid, it
shall take the following actions:
(1)
The Township of Upper Southampton shall declare by
formal action, this chapter or portions hereof substantially invalid
and propose to prepare a curative amendment to overcome such invalidity.
Within 30 days such declaration and proposal the Board of Supervisors
shall:
B.
Within 180 days from the date of the declaration and
proposal, the Township of Upper Southampton shall enact a curative
amendment to validate, or reaffirm the validity of, this chapter pursuant
to the provisions of § 609 of the Pennsylvania Municipalities
Planning Code (hereinafter "MPC"), 53 P.S. § 10609, in order
to cure the declared invalidity of this chapter.
C.
Upon the initiation of the procedures as set forth in Subsection A, the Board of Supervisors shall not be required to entertain or consider any landowner's curative amendment filed under § 609.1 of the MPC, 53 P.S. § 10609.1, nor shall the Zoning Hearing Board be required to give a report requested under §§ 909.1 or 916.1 of the MPC, 53 P.S. §§ 10909.1 and 10916.1, subsequent to the declaration and proposal based upon the grounds identical or substantially similar to those specified by the resolution required by Subsection A(1). Upon completion of the procedures set forth in Subsections A and B, no rights to a cure pursuant to the provisions of §§ 609.1 and 916.1 of the MPC, 53 P.S. §§ 10609.1 and 10916.1, shall, from the date of the declaration and proposal, accrue to any landowner on the basis of the substantive invalidity of this chapter for which there has been a curative amendment pursuant to this section.
D.
The Township of Upper Southampton, having utilized
the procedures set forth in this section, may not again utilize said
procedure for a period of 36 months following the date of enactment
of a curative amendment, or reaffirmation of the validity of this
chapter; provided, however, if after the date of declaration and proposal
there is a substantially new duty imposed upon the Township of Upper
Southampton by virtue of a change in statute or by virtue of a Pennsylvania
Appellate Court decision, the Township of Upper Southampton may utilize
the provisions of this section to propose a curative amendment to
this chapter to fulfill said duty or obligation.
Any amendment or other change to this chapter
shall be specifically found by the Board of Supervisors to be in accordance
with the spirit and intent of the formally adopted portions of the
Comprehensive Plan before enactment of any such amendment.
