Whenever the public necessity, convenience or general welfare
indicates, the Board of Supervisors may, by ordinance, in accordance
with applicable laws of the Pennsylvania Municipalities Planning Code,
Act 247, as reenacted and amended, supplement or change the regulations,
restrictions, boundaries or classifications of buildings, structures
and land, as the same are established by this Chapter, or may hereafter
be made a part thereof.
Applications or petitions for any change or amendments to existing
zoning districts in the Township shall be made to the office of the
Zoning Officer and shall be accompanied by a fee as determined by
the Board of Supervisors payable to the Township Secretary and shall
be deposited in the general fund. This fee is for the purpose of defraying
costs of preparing the necessary plats, maps, data, legislation and
notices and all official publications required by the Township and
shall not be refundable even though the application is disapproved
by the Board of Supervisors.
The Board of Supervisors may, from time to time, on its own
motion or petition, after public notice and public hearing, amend
the regulations and districts herein established, but no amendment
as prepared by other than the Board of Supervisors shall become effective
unless the same shall have first been submitted to the West Deer Township
Planning Commission and Allegheny County for comments, and following
the requirements of the MPC, Section 609:
A.
MPC Section 609 requires a public hearing pursuant to public notice.
B.
If an amendment involves a zoning map change, the public hearing
notice must be posted by the Township on the property that is the
subject of the map amendment at least one week prior to the date of
the public hearing.
C.
In addition, if there is a zoning map change that is not part of
a comprehensive rezoning, notice of the public hearing must be mailed
by the Township at least 30 days before the date of the hearing to
the addresses to which real estate tax bills are sent for all real
property located within the area being rezoned.
D.
Any amendment not prepared by the local Planning Commission must
be sent to the Planning Commission for review at least 30 days before
the public hearing. This includes amendments prepared by the Board
of Supervisors.
E.
MPC Section 303(a)(3) and (b) requires that the Planning Commission
recommendation be in writing and include a specific statement as to
whether or not the proposed action is in accordance with the objectives
of the formally adopted Comprehensive Plan. The recommendation is
to be made within 45 days. Note that the Planning Commission makes
recommendations and does not approve or disapprove a proposed amendment.
F.
Zoning amendments must be sent to the Allegheny County Planning Agency
for review at least 30 days prior to the public hearing and shall
make a recommendation to the Board of Supervisors within 45 days and
the proposed action shall not be taken until such recommendation is
made or until the planning agency fails to act within 45 days. The
county planning agency makes recommendations and does not approve
or disapprove a proposed amendment.
G.
Within 30 days after enactment, a copy of the amendment must be forwarded
to the county planning agency.
A.
A landowner who desires to challenge on substantive grounds the validity
of a zoning ordinance or 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 Township Board of Supervisors
with a written request that his challenge and proposed amendment be
heard and decided as provided in Section 916.1 of the Pennsylvania
Municipalities Planning Code, Act 247, as reenacted and amended. The
Township Board of Supervisors shall commence a hearing thereon within
60 days of the request as provided for in this Part. The curative
amendment and challenge shall be referred to the Planning Commission
or agencies as provided in Section 609 of the Pennsylvania Municipalities
Planning Code, Act 247, as reenacted and amended, and notice of the
hearing thereon shall be given as provided in Sections 610 and 916.1
of the Pennsylvania Municipalities Planning Code, Act 247, as reenacted
and amended.
B.
If West Deer Township does not accept a landowner's curative amendment
brought in accordance with this section and a court subsequently rules
that the challenge has merit, the court's decision shall not result
in a declaration of invalidity for the entire Chapter and map, but
only for those provisions which specifically relate to the landowner's
curative amendment and challenge.
C.
Where West Deer Township has determined that a validity challenge
has merit, it may accept a landowner's curative amendment, with or
without revision, or it may adopt an alternative amendment which will
cure the challenged defects. The Township 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 provision of the Chapter or 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, aquifers, natural resources and
other 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.
A.
If West Deer Township determines that this Chapter or any portion
thereof is substantially invalid, it shall take the following actions:
(1)
West Deer Township shall declare by formal action, this Chapter
or portions thereof substantively invalid and propose to prepare a
curative amendment to overcome such invalidity. Within 30 days following
such declaration and proposal, the Township Board of Supervisors shall:
(a)
By resolution make specific findings setting forth the declared
invalidity of this Chapter which may include:
(2)
Begin to prepare and consider a curative amendment to this Chapter
to correct the declared invalidity.
B.
Within 180 days from the date of the declaration and proposal, West
Deer Township shall enact a curative amendment to validate, or reaffirm
the validity of, this Chapter pursuant to the provisions required
by Section 609 of the Pennsylvania Municipalities Planning Code, Act
247, as reenacted and amended, in order to cure the declared invalidity
of this Chapter.
C.
Upon the initiation of the procedures, as set forth in Subsection A, the Township Board of Supervisors shall not be required to entertain or consider any landowner's curative amendment filed under Section 609.1 of the Pennsylvania Municipalities Planning Code, Act 247, as reenacted and amended, nor shall the Zoning Hearing Board be required to give a report requested under Section 909.1 or 916.1 of the Pennsylvania Municipalities Planning Code, Act 247, as reenacted and amended, subsequent to the declaration and proposal based upon the grounds identical to or substantially similar to those specified in the resolution required by Subsection A(1)(a). Upon completion of the procedures as set forth in Subsections B and C, no rights to a cure pursuant to the provisions Sections 609.1 and 916.1 of the Pennsylvania Municipalities Planning Code, Act 247, as reenacted and amended, shall, from the date of the declaration and proposal, accrue to any landowner on the basis of the substantive invalidity of the unamended zoning ordinance for which there has been a curative amendment pursuant to this section.
D.
West Deer Township, having utilized the procedures as set forth in clauses Subsections B and C, may not again utilize said procedure for a thirty-six-month period following the date of the enactment of a curative amendment, or reaffirmation of the validity of this Chapter, pursuant to Subsection B; provided, however, if after the date of the declaration and proposal there is a substantially new duty or obligation imposed upon West Deer Township by virtue of a change in statute or by virtue of a Pennsylvania Appellate Court decision, West Deer Township may utilize the provisions of this Section to prepare a curative amendment to its ordinance to fulfill said duty or obligation.
