The Board of Supervisors may, from time to time, amend, supplement,
change or repeal this chapter, including the Official Zoning Map. Any amendment, supplement, change or repeal may be initiated
by the Township Planning Commission, the Board of Supervisors or by
a petition to the Board of Supervisors by an interested party.
When an amendment, supplement, change or repeal is initiated
by the Township Planning Commission, the proposal shall be presented
to the Board of Supervisors, which shall then proceed in the same
manner as for a petition to the Board of Supervisors which has already
been reviewed by the Township Planning Commission.
When an amendment, supplement, change or repeal is initiated by the Board of Supervisors, such amendment, supplement, change or repeal shall follow the procedure prescribed for a petition under §
150-376.
A petition for amendment, supplement, change or repeal for a
portion of this chapter shall include an accurate legal description
and surveyed plan of any land to be rezoned and all of the reasons
supporting the petition to be considered. The petition shall also
be signed by at least one record owner of the property in question,
whose signature shall be notarized attesting to the truth and correctness
of all the facts and information presented in the petition. A fee
to be established by the Board of Supervisors shall be paid upon the
filing of such petition for change and for the purpose defraying in
the costs of the proceedings prescribed herein. The Board of Supervisors
may require duplicate sets of petition materials.
A landowner who desires to challenge on substantive grounds
the validity of this chapter or the Official 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, including all of
the reasons supporting the request to be considered, 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 Act; as amended. The Board of Supervisors shall commence a hearing thereon within 60 days of the request. The curative amendment shall be referred to the Township and York County Planning Commissions as provided for in §
150-373, and public notice of the hearing shall be provided as defined herein.
A. In reviewing the curative amendment, the Board of Supervisors may
deny the request, accept the request as submitted or may adopt an
alternative amendment which will cure the challenged defects. The
governing body 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 the ordinance or map.
(3)
The suitability of the site for the intensity of use proposed
by the site's soils, slopes, woodland, 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.
B. The governing body shall render its decision within 45 days after
the conclusion of the last hearing.
C. If the governing body fails to act on the landowner's request within the time limits referred to in Subsection
B, a denial of the request is deemed to have occurred on the 46th day after the close of the last hearing.
D. Public notice of the hearing shall include notice that the validity
of the ordinance or map is in question and shall give the place where
and the times when a copy of the request, including any plans, explanatory
material or proposed amendments, may be examined by the public.
E. The challenge shall be deemed denied when:
(1)
The governing body fails to commence the hearing within 60 days;
(2)
The governing body notifies the landowner that it will not adopt
the curative amendment;
(3)
The governing body adopts another curative amendment which is
unacceptable to the landowner; or
(4)
The governing body fails to act on the request 45 days after
the close of the last hearing on the request, unless the time is extended
by mutual consent by the landowner and municipality.
F. Where, after the effective date of the Act, a curative amendment proposal is approved by the grant of a curative amendment application by the governing body pursuant to this section or a validity challenge is sustained by the Zoning Hearing Board pursuant to §
150-298, or the court acts finally on appeal from denial of a curative amendment proposal or a validity challenge, and the proposal or challenge so approved requires a further application for subdivision or land development, the developer shall have two years from the date of such approval to file an application for preliminary or tentative approval for a subdivision, land development or planned residential development. Within the two-year period, no subsequent change or amendment in the zoning, subdivision or other governing ordinance or plan shall be applied in any manner which adversely affects the rights of the applicant as granted in the curative amendment or the sustained validity challenge. Upon the filing of the preliminary or tentative plan, the provisions of Section 508(4) of the Act shall apply.
G. Where the proposal appended to the curative amendment application
or the validity challenge is approved but does not require further
application under any Subdivision and Land Development Ordinance, the developer shall have one year within which to file
for a building permit. Within the one-year period, no subsequent change
or amendment in the zoning, subdivision or other governing ordinance
or plan shall be applied in any manner which adversely affects the
rights of the applicant as granted in the curative amendment or the
sustained validity challenge. During these protected periods, the
court shall retain or assume jurisdiction for the purpose of awarding
such supplemental relief as may be necessary.
Whenever there has been a change in the boundary of a zone or
a reclassification of a zone adopted in accordance with the above,
the change on the Official Zoning Map shall be made and shall be duly certified by the Township
Secretary and shall thereafter be refiled as part of the permanent
records of the Township.