[Ord. 2002-06, 11/11/2002, § 2301]
1.
The Board of Supervisors may, from time to time, amend, supplement,
change, modify or repeal this chapter, including the Zoning Map. The
Board of Supervisors, by resolution adopted at a stated or special
meeting, shall fix the time and place of a public hearing on the proposed
change, amendment, or repeal, and cause notice thereof to be given
as follows:
A.
By publishing a notice of the time and place of the hearing not more
than 30 days and not less than seven days in advance of the date fixed
for the hearing in a newspaper of general circulation in the Township.
Such notice shall be published once each week for two successive weeks.
B.
In addition to the procedural and content requirements of § 610
of the Municipalities Planning Code (MPC), Act 247, as amended, 53
P.S. § 10610, the notice shall also set forth the principal
provisions of the proposed change, amendment, or repeal in reasonable
detail and a reference to a place in the Township where copies of
proposed change, amendment, or repeal may be examined or purchased
at a charge not exceeding the cost thereof. In addition, if proposed
amendment involves a zoning map change, notice of said public hearing
shall be conspicuously posted by the Township at points deemed sufficient
by the Township along 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.
C.
In addition to the above procedural requirements, the enactment of
zoning ordinance amendments shall be consistent with the requirements
of § 609 of the MPC, 53 P.S. § 10609.
[Ord. 2002-06, 11/11/2002, § 2302]
Fifty percent or more of the landowners in a zoning district or landowners which own more than 50% of the land in the zoning district may present to the Board of Supervisors a petition, duly signed and acknowledged, requesting an amendment, supplement, change, modification, or repeal of any of the regulations or restrictions prescribed by this chapter for their district, or a change or modification of the Zoning Map with reference to such district. The Board may, at its discretion, hold a public hearing thereon and cause notice thereof to be given in the manner prescribed in § 27-2301, Subsection 1A, above.
[Ord. 2002-06, 11/11/2002, § 2303]
The Board of Supervisors shall refer each petition or proposal
for change or amendment to the Township Planning Commission and County
Planning Commission at least 30 days prior to the hearing, which shall
consider whether or not such proposed change or amendment would be,
in view of the Commission, consistent with and desirable in furtherance
of the Comprehensive Plan upon which this chapter is based, as the
same may be modified from time to time. The Commission shall transmit
its conclusion thereon, together with its reasons therefor, to the
Board within 30 days. The Board of Supervisors shall take such conclusion
and reasons into consideration in reaching its decision, but shall
not be bound thereby.
[Ord. 2002-06, 11/11/2002, § 2304]
1.
Landowner Curative Amendments. A landowner who desires to challenge,
on substantive ground, the validity of this chapter or 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 with a written request that his challenge
and proposed amendment be heard and decided, as provided in §§ 609.1
and 916.1 of Municipalities Planning Code, Act 247, as amended, 53
P.S. §§ 10609.1, 10916.1.
2.
Township Curative Amendments. If the Board of Supervisors determines
that this chapter, or any portion thereof or amendment thereto is
substantially invalid, it shall have the right to prepare a curative
amendment in accordance with the procedures set forth in § 609.2
of Municipalities Planning Code, Act 247, as amended, 53 P.S. § 10609.2.
[Ord. 2002-06, 11/11/2002, § 2305]
At any public hearing on a proposed change or amendment, opportunity to be heard shall be given to any citizen. The Board of Supervisors shall take the recommendations of the Township and County Planning Commissions into consideration in reaching its decision, but shall not be bound thereby. The Board of Supervisors shall have the power to adopt general or special rules of procedure for the conduct of any such hearing, provided that under § 27-2304, Subsection 1, above, the hearings shall be conducted in accordance with §§ 609.1(b) and 908 of the Municipalities Planning Code, Act 247, as amended, 53 P.S. §§ 10609.1(b), 10908.
[Ord. 2002-06, 11/11/2002, § 2306]
The Board of Supervisors shall make a decision as provided in
§ 908(9) of the Municipalities Planning Code, Act 247, as
amended, 53 P.S. § 10908(9), after the close of the last
hearing on the request unless the time is extended by mutual consent
by the landowner and the Board of Supervisors. When a decision has
been made by the Board of Supervisors, a written copy of the decision
shall be delivered to the landowner personally or mailed to him not
later than the day following its date. Within 30 days after enactment,
a copy of the amendment to this chapter shall be forwarded to the
County Planning Commission.
