The provisions of this chapter and the boundaries of the zoning districts as set forth on the Official Zoning Map, may from time to time be amended or changed by the Board of Supervisors, in accordance with the provisions of Section 609 of the Pennsylvania Municipalities Planning Code Act of 1968, P.L. 805, No. 247, as amended.[1]
[1]
Editor's Note: See 53 P.S. § 10609.
A. 
Before voting on the enactment of an amendment, the Board of Supervisors shall hold at least one public hearing thereon, pursuant to public notice, and pursuant to mailed notice and electronic notice if applicable per 53 P.S. § 10109. In addition, for rezoning excluding that associated with comprehensive rezoning, the following notifications shall occur:
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(1) 
If the proposed amendment involves a Zoning Map change, notice of said public hearing shall be conspicuously posted by the Zoning Officer along the perimeter of the tract(s) to be affected.
(2) 
The affected tract(s) shall be posted at least seven days prior to the date of the hearing.
(3) 
Written notice shall be provided at least 30 days prior to the date of the hearing by first-class mail to the addresses to which real estate tax bills are sent for real property located within the area being rezoned, as evidenced by real estate tax records within the possession of the Township. The notice shall include the location, date and time of the public hearing.
B. 
In the case of an amendment other than that prepared by the Township Planning Commission, the Board of Supervisors shall submit each such amendment to the Planning Commission at least 30 days prior to the hearing on such proposed amendment to provide the planning agency an opportunity to submit recommendations.
C. 
If, after any public hearing held upon an amendment, the proposed amendment is changed substantially, or is revised, to include any land not previously affected by it, the Board of Supervisors shall hold another public hearing before proceeding to vote on the amendment.
D. 
All proposed amendments shall be submitted by the Board of Supervisors to the Jefferson County Planning Commission at least 30 days prior to the public hearing for recommendation.
E. 
Within 30 days after enactment, a copy of the amendment shall be forwarded to the Jefferson County Planning Commission.
A. 
A landowner who desires to challenge on substantive ground the validity of this chapter or map, or any provision thereof, that prohibits or restricts the use or development of land in which he/she has an interest may submit a curative amendment to the Board of Supervisors, pursuant to the provisions of Section 609.1 of the Pennsylvania Municipalities Planning Code Act of 1968, P.L. 805, No. 247, as amended.[1]
[1]
Editor's Note: See 53 P.S. § 10609.1
B. 
The Board of Supervisors shall commence a hearing thereon within 60 days of the request, pursuant to public notice, unless the landowner requests or consents to an extension of time. Public notice shall include notice that the validity of this chapter or map is in question and the place and time when a copy of the requests, including any plans, explanatory material or proposed amendments may be examined by the public.
C. 
The landowner curative amendment shall be referred by the Board of Supervisors to the Township and County Planning Commissions for review and recommendation.
D. 
The hearing shall be conducted by the Board of Supervisors in accordance with Section 907[2], and all references therein to the Zoning Hearing Board shall, for the purposes of this section, be references to the Board of Supervisors; provided, however, that the provisions of Section 907(1.2) and (9) shall not apply and the provisions of Section 916.1 shall control. If a municipality does not accept a landowner's curative amendment brought in accordance with this subsection 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 zoning ordinance and map, but only for those provisions which specifically relate to the landowner's curative amendment and challenge.
[2]
Editor's Note: See 53 P.S. § 10907.
E. 
In the event the Board of Supervisors does not accept the landowner curative amendment and a court of competent jurisdiction subsequently rules that the challenge has merit, the court's decision shall not result in a declaration of invalidity for the entire chapter, but only for those provisions that specifically relate to the landowner's curative amendment and challenge.
F. 
Review and decision.
(1) 
The Board of Supervisors shall consider the curative amendment, plans and explanatory material submitted by landowner and shall also consider:
(a) 
The impact of the proposal upon roads, sewer facilities, water supplies, schools and other public service facilities.
(b) 
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 excluded by the challenged provisions of the ordinance or map.
(c) 
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.
(d) 
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.
(e) 
The impact of the proposal on the preservation of agricultural and other uses that are essential to public health and welfare.
(2) 
The Board of Supervisors shall render its decision within 45 days after the conclusion of the last hearing. If the Board of Supervisors fails to act on the landowner's request within this time period, a denial of the request is deemed to have occurred on the 46th day after the close of the last hearing.
Should the Board of Supervisors determine that this chapter or any portion thereof is substantially invalid, it shall take the actions outlined in this subsection.
A. 
The Board of Supervisors shall declare this chapter or portions thereof substantially invalid and propose to prepare a curative amendment to overcome such invalidity. Within 30 days following such declaration and proposal the Board of Supervisors shall:
(1) 
By resolution, make specific findings setting forth the invalidity of this chapter that may include:
(a) 
References to those specific uses that are either not permitted or not permitted in sufficient quantity.
(b) 
Reference to a class of use or uses that require revision.
(c) 
Reference to the entire ordinance that requires revision.
(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, the Board of Supervisors shall enact a curative amendment to cure the declared invalidity.
C. 
Upon initiation of the procedures, as set forth above, the Board of Supervisors shall not be required to consider or entertain any landowner's curative amendment, nor shall the Zoning Hearing Board be required to provide the report required in Section 916.1 of Act 247, as amended by Acts 66 and 67 of 2000 (the Pennsylvania Municipalities Planning Code).[1] Upon completion of the procedures set forth above, no rights to a cure pursuant to the provisions of this section shall, from the date of declaration and proposal, accrue to any landowner on the basis of the substantive invalidity of the unamended ordinance.
[1]
Editor's Note: See 53 P.S. § 10916.1.
D. 
A municipal curative amendment may not be utilized for a period of 36 months following the date of enactment of a municipal curative amendment; provided, however, if after the date of declaration and proposal there is a substantially new duty or obligation imposed upon the Township by virtue of a change in statute or by virtue of an Appellate Court decision, the Township may utilize the provisions of this section to prepare a curative amendment to fulfill said duty or obligation.
The Board of Supervisors shall publish public notice of any proposed amendment not more than 30 days nor less than seven days prior to public notice in a newspaper of general circulation. Such notice shall be posted for a minimum of once a week, for two consecutive weeks. Such notice shall contain, at a minimum:
A. 
The time and place of the meeting.
B. 
A reference to where copies of the proposed amendment may be examined without charge, or obtained for a charge not greater than the cost thereof.
C. 
A brief summary of the amendment, including the title, prepared by the Township Solicitor. An attested copy of the full text of the amendment shall be filed in the County Law Library and in the Office of the Jefferson County Planning Commission. The attested copies may be distributed to the public, and a fee for such copies may be imposed that is not greater than the actual cost of preparing the copies.
D. 
In the event that substantial amendments are made to the ordinance (substantial being defined as amending more than 10% of the ordinance), before voting upon any enactment, the Board of Supervisors shall, at least 10 days prior to scheduled enactment, readvertise, readvertisement shall be in one newspaper of general circulation and shall summarize in reasonable detail all the amendment provisions.
Amendments shall be incorporated into official ordinance books by reference with the same force and effect as if duly recorded therein.