The provisions of this chapter and the boundaries of the zoning
districts as set forth upon the Zoning Map, may from time to time
be amended by the Township Board of Supervisors in accordance with
the provisions as set forth in the Pennsylvania Municipalities Planning
Code, Act 247, as amended. Prior to adopting any amendment to this chapter or to
the Zoning Map, the following procedures shall be met:
A. Any proposed amendment, not initiated by the Township Planning Commission,
shall be referred to the Township Planning Commission not less than
30 days prior to a public hearing before the Township Board of Supervisors
to provide the Township Planning Commission an opportunity to submit
any comments or recommendations regarding the proposed amendment.
B. Prior to voting on the enactment of any proposed amendment, the Township
Board of Supervisors shall hold a public hearing pursuant to public
notice. If, after any public hearing held upon a proposed amendment,
said amendment is substantially changed, or is revised to include
land not previously affected by the proposed amendment, the Township
Board of Supervisors shall hold another public hearing before proceeding
to vote on the amendment.
C. Any recommendation of the Township Planning Commission shall be submitted
to the Township Board of Supervisors in writing.
D. Not less than 30 days prior to the public hearing, the Township Board
of Supervisors shall submit the proposed amendment to the Luzerne
County Planning Commission for its comments and recommendation. In
addition to the proposed amendment, the Township Board of Supervisors
shall submit any required fees charged by the Luzerne County Planning
Commission for their review.
E. Proposed action shall not be taken until the Township Planning Commission
and the Luzerne County Planning Commission comments and recommendations
are submitted to the Township Board of Supervisors. If either Commission
fails to act within 30 days from its receipt of the proposed amendment,
the Township Board of Supervisors may proceed without such recommendation.
F. When a proposed amendment involves a Zoning Map change, the following
procedures shall be applicable:
(1)
Notice of the public hearing shall be conspicuously posted by
Township at points deemed sufficient along the perimeter of the tract
to notify potentially interested citizens. The affected tract or area
shall be posted not less than one week prior to the date of the public
hearing.
(2)
Mailing of notice of public hearing.
(a)
Notice of the public hearing shall be mailed by the Township,
at least 30 days prior to the date of the public hearing, by first
class mail to the addresses to which real estate tax bills are sent
to property owners whose properties:
[1]
Are located within the property or area proposed to be rezoned.
[2]
Have a common property boundary with the property or area proposed
to be rezoned.
[3]
Are located within a distance of 200 feet of any property boundary
line of the property or area proposed to be rezoned.
(b)
The above information shall be based upon current tax records
within the Luzerne County Tax Assessment Office. The party requesting
the zoning boundary amendment shall be responsible for securing such
information and providing the same to the Township. The notice shall
include the location, time and date of the public hearing. A good
faith effort and substantial compliance shall be deemed to satisfy
this requirement. While it shall be the intent of Bear Creek Township
to provide written notice to such owners, failure to do so shall not
invalidate an otherwise duly enacted ordinance that amends the Zoning
Map.
(3)
The above requirement shall not apply when the rezoning constitutes
a comprehensive rezoning.
The application for a proposed amendment, which is not submitted as a curative amendment, to the text of this chapter or to the Zoning Map, shall be submitted in writing to the Zoning Officer, who shall process said application in accordance with §
127-147 of this chapter. An application shall contain the following information, as applicable:
A. The applicant's name and address and/or the name and address of his
authorized agent or the equitable owner.
B. A copy of the deed to the property, and when the applicant is not
the owner of the property, appropriate documentation to establish
the applicant's standing as the equitable owner.
C. A signed statement by the owner of record, or applicant as the case
may be, attesting to the truth of the facts of all information contained
within the application.
D. A scaled plan of the area proposed to be rezoned, which indicates
abutting streets, the zone classification of adjoining properties
and the names and addresses of the true and correct owners of record
within the area proposed to be rezoned and physically bordering the
area to be rezoned as evidenced by tax records within the Luzerne
County Tax Assessor's Office.
E. Plans, drawings and explanatory material which describe in detail
the applicant's proposed use and/or development of the property.
F. Specify those sections of this chapter or areas upon the Zoning Map
which will be affected by the proposed amendment.
A proposed amendment to this chapter or to the Zoning Map shall
be enacted in conformance with the following:
A. The Township Board of Supervisors shall conduct a public hearing pursuant to public notice and in accordance with the procedures as contained within §
127-147 of this chapter.
B. Public notice shall include the time, place and date of the meeting
at which enactment will be considered and a place within Township
where copies of the proposed amendment may be examined without charge
or obtained for a charge not greater than the cost thereof.
C. Public notice shall include either the full text of the amendment
or the title and a brief summary of the amendment as prepared by the
municipal solicitor. If the full text is not included, then a copy
of such shall be supplied to the newspaper in which the public notice
is published, and an attested copy to the County Law Library.
D. In the event substantial changes are made to the proposed amendment,
before voting upon enactment, the Township Board of Supervisors shall,
not less than 10 days prior to enactment, readvertise in one newspaper
of general circulation in Township, a brief summary setting forth
all the provisions in reasonable detail together with a summary of
the changes.
Within 30 days after the enactment of an amendment to this chapter
or to the Zoning Map, a copy of the amendment shall be forwarded to
the Luzerne County Planning Commission.