[Ord. No. 196-2018, 9/12/2018]
The regulations, restrictions, and boundaries set forth in this
Chapter and on the Official Zoning Map may, from time to time, be
amended, supplemented, changed, or repealed through amendment by the
Board of Supervisors.
A. Who May Initiate. Proposals for amendment, supplement, change 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 residents
of the Township. Such petitions shall be signed and acknowledged and
submitted in writing to the Township Secretary.
(1)
A landowner who desires to challenge on substantive grounds the validity of this Chapter or any provisions thereof, which prohibit or restrict the use or development of land in which he has an interest, may, as an alternative to submitting a validity challenge to the Zoning Hearing Board pursuant to Section
27-1405 of this Chapter and to Section 916.1 of the Pennsylvania Municipalities Planning Code, submit a curative amendment to the Board of Supervisors with a written request that his challenge and proposed amendments be heard and decided, as provided in Section 609.1 and Section 916.1(a)(2) of the Pennsylvania Municipalities Planning Code.
B. Planning Commission Review.
(1)
Proposals originated by the Board of Supervisors, by petition
of Township residents, or by curative amendment, shall be referred
to the Planning Commission at least 30 days prior to any public hearing
on the proposed amendment. The Planning Commission shall submit to
the Board of Supervisors a report of its recommendations, including
any additions or modifications to the original proposal, prior to
the public hearing.
C. Review by Chester County Planning Commission.
(1)
All proposals for amendment, supplement, change or repeal which
are subsequently drafted into an ordinance to amend this Chapter or
the Official Zoning Map shall be submitted to the Chester County Planning
Commission for recommendations at least 30 days prior to the public
hearing on the proposed amendment.
(a)
No action shall be taken by the Board of Supervisors until the
Chester County Planning Commission comments are received, unless 30
days pass without comments being received.
D. Public Hearing.
(1)
Before voting on enactment of an amendment, the Board of Supervisors
shall hold a public hearing thereon. Public notice shall be provided
pursuant to the requirements the Pennsylvania Municipalities Planning
Code. Notice shall be placed on the Township website and also be mailed
to any civic association or association of residents in the Township
who shall have registered their name and address for this purpose
with the Board of Supervisors. If a proposed amendment affects any
land or structure within 500 feet of an adjoining municipality, notice
of the hearing and a copy of the proposal may be forwarded to the
Secretary of the governing body of the municipality at least 15 days
prior to the hearing.
(2)
If, after any public hearing held upon an amendment, the proposed
amendment is changed substantially, or is revised, to include land
not previously affected by it, the Board of Supervisors shall hold
another public hearing, pursuant to public notice, before proceeding
to vote on the amendment.
(3)
Within 30 days of enactment, the Township shall forward a copy
of the amendment to the Chester County Planning Commission.
[Ord. No. 196-2018, 9/12/2018]
A. Landowner Initiated. A landowner who desires to challenge on substantive
grounds the validity of this Chapter or any provisions thereof, which
prohibit or restrict 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 amendments
be heard and decided, as provided for in Section 609.1 of the Pennsylvania
Municipalities Planning Code.
(1)
For a curative amendment request, the applicant shall pay the
Township all fees required under the applicable Township fee schedule.
B. Township Initiated. The Township may declare by formal action that
the Zoning Ordinance or portions thereof are substantially invalid
and may propose to prepare a curative amendment to overcome such validity,
as provided for in Section 609.2 of the Pennsylvania Municipalities
Planning Code.