This chapter may be amended from time to time as deemed necessary for the public welfare or convenience in compliance with provision of Article VI, Section 609 and Section 609.1 of Act 247, as amended,[1] known and cited as the "Pennsylvania Municipalities Planning
Code."
A.
Before voting on the enactment of an amendment, 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 municipality at points deemed sufficient by the municipality
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. In addition, notice of the
public hearing shall be mailed at least 30 days prior to the date
of the public hearing by first-class mail to the addresses to which
real estate tax bill are sent for all real property located within
the area being rezoned as evidenced by tax records. The notice shall
include the location, date and time of the public hearing. Individual
notification shall not apply in the case of a comprehensive rezoning
and a good faith effort and substantial compliance shall satisfy these
requirements.
B.
In the case of an amendment to the text or map other
than that prepared by the Planning Commission, the Township Supervisors
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.
In addition, where a request for consideration of a rezoning application
has been filed, all owners of property within 300 linear feet of all
boundaries of the subject property or properties shall be notified
by regular mail of the date of the first meeting or scheduled public
hearing at which the application will be discussed. The applicant
shall provide to the Township staff a list containing the names of
the aforementioned property owners.
C.
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 hold another public hearing, pursuant to public notice, before
proceeding to vote on the amendment.
D.
At least 30 days prior to the public hearing on the
amendment, the Board of Supervisors shall submit the proposed amendment
to the Beaver County Planning Commission for recommendations. The
Board of Supervisors shall not approve said amendment until the county
report is received or until the expiration of 30 days prior to the
public hearing date of the amendment request was forwarded to the
county.
E.
Procedure for landowner curative amendment. A landowner who desires to challenge on substantive grounds the validity of this chapter, the Zoning Map attached and made a part hereof, or any provision hereof, 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 or amendments be heard and decided in the manner prescribed by Act 247, the "Pennsylvania Municipalities Planning Code" Article VI and all amendments thereto.
(1)
The landowner shall make a written request that
his challenge and proposed amendment be heard. The request shall contain
a short statement reasonably informing the Board of Supervisors of
the matters that are in issue and the grounds for the challenge.
(2)
Such request may be submitted at any time, but
if an application for a permit or approval is denied under this chapter,
the request shall be made not later than 30 days after notification
of such denial. In such case, if the landowner elects to make the
request to the Board of Supervisors and the request is timely, the
time within which he may seek review of the denial of the permit or
approval on other issues shall not begin until the request is finally
disposed of.
(3)
The request shall be accompanied by plans and
other materials describing the use or development proposed by the
landowner. Such plans and other material may be general in nature,
but should provide a sufficient base for evaluating the challenge.
(4)
If the Board of Supervisors does not accept
a landowner's curative amendment brought in accordance with this subsection
and a court of competent jurisdiction subsequently rules that the
challenge has merit, the court's decision shall not result in a declaration
of invalidity for this entire chapter and Map, but only those provisions
relating to the landowner's challenge.
F.
Public hearing.
(1)
Upon submission of a curative amendment with
a written request that the challenge and proposed amendment be heard
by the Board of Supervisors, they shall commence a hearing thereon
within 60 days of the filing of the request.
(2)
At least 30 days prior to the hearing, the Board
of Supervisors shall refer the proposed amendment to the Township
Planning Commission and the Beaver County Planning Commission for
recommendations.
(3)
The public notices of the hearing shall, in
addition to the requirements for advertisement for any amendment,
indicate that the validity of this chapter or Zoning Map is in question
and shall indicate the place and times when a copy of the landowner's
request, including all plans submitted and the proposed amendment(s)
may be examined by the public.
(4)
The public hearing shall be conducted within
the following guidelines:
(a)
The Chairman or acting Chairman of the Board
of Supervisors presiding shall have the power to administer oaths
and issue subpoenas to compel the attendance of witnesses and the
production of relevant documents and papers including witnesses and
documents requested by the parties.
(b)
The parties have the right to be represented
by counsel and shall be afforded the opportunity to respond and present
evidence and argument and cross-examine adverse witness on all relevant
issues.
(c)
Formal rules of evidence shall not apply but
irrelevant, immaterial or unduly repetitious evidence may be excluded.
(d)
The Board of Supervisors shall keep a stenographic
record of the proceedings as well as copies of graphic or written
material received in evidence. Copies of such items shall be made
available to any party at cost.
(e)
The Board of Supervisors shall not communicate,
directly or indirectly, with any party or his representatives in connection
with any issue involved except upon notice and opportunity for all
parties to participate; shall not take notice of any communication,
reports, staff memoranda, or other materials unless all parties are
afforded an opportunity to review the material so noticed; and shall
not inspect the site or its surroundings after the commencement of
hearings with any party or his representatives unless all parties
are given an opportunity to be present.
(5)
The hearing may be postponed or continued at
the request of the landowner or by mutual consent of the parties.
(7)
Approval of the amendment shall be granted by
formal affirmative vote at a regular or special meeting of the Board
of Supervisors.
(8)
The landowner's request for a curative amendment
shall be considered denied when:
(a)
The Board of Supervisors notifies the landowner
that it will not adopt the amendment.
(b)
The Board of Supervisors adopts another amendment
which is unacceptable to the landowner.
(c)
The Board of Supervisors fails to act on the
landowner's request within 45 days of the close of the last hearing,
unless the time is extended by mutual consent of the landowner and
Board of Supervisors.
[1]
Editor's Note: See 53 P.S. §§ 10609 and 10609.1.
If the Board of Supervisors determines that
this chapter or any portion thereof is substantially invalid, it shall
take the following action:
A.
The Board of Supervisors shall declare by formal action
that this chapter or portions thereof are substantively invalid and
propose a curative amendment to overcome such invalidity. Within 30
days of such declaration the governing body shall:
B.
Within 180 days from the date of the declaration and proposal, the Township of Darlington shall enact a curative amendment to validate or reaffirm the validity of this chapter pursuant to the provisions of Act 247, Pennsylvania Municipalities Planning Code, Article VI, and all amendments thereto.
C.
Upon declaration of invalidity, the Board of Supervisors
shall not be required to consider a landowner's curative amendment
nor shall the Zoning Hearing Board be required to give a report subsequent
to the declaration and proposal to remedy said invalidity.
D.
The Board of Supervisors may not again utilize said
procedure for a thirty-six-month period following the date of enactment
of a curative amendment unless a change in statute or a court decision
requires such curative amendment.
E.
Public notice. When a proposed zoning amendment involves
the reclassification of land, a minimum of two notices shall be posted
on the subject property not less than seven days prior to the date
of the required public hearing.
G.
Procedure following enactment. Within 30 days following
enactment of an amendment to this chapter, a copy of such amendment
shall be forwarded to the Beaver County Planning Commission.
H.
Appeal. Any action taken or decision rendered under
this article may be appealed by any parties aggrieved by said action
or decision under the provision and procedures provided in the Pennsylvania
Municipalities Planning Code, Act 247, as amended.
