Amendments of this chapter may be initiated by the Board of
Supervisors, by the Planning Commission, or by a petition of a landowner
within the Township in accordance with the following provisions:
A.
Petitions for amendment by landowners, other than curative amendments
under § 27-2602 of this chapter, shall be filed in writing
with the Zoning Officer, and the petitioner, upon such filing, shall
pay a filing fee and/or review deposit in accordance with the schedule
fixed by resolution of the Board of Supervisors.
B.
Any proposed amendment, other than one proposed by the Planning Commission,
shall be referred to the Planning Commission for review. The Planning
Commission shall review the proposed amendment and report its findings
and recommendations, in writing, to the Board of Supervisors and to
the petitioner.
C.
In the event the Planning Commission recommends approval of the proposed
amendment, in whole or in part, or if a public hearing is requested
by at least one member of the Board of Supervisors, a public hearing
will be scheduled on the proposed amendment and a copy of the same
submitted to the Butler County Planning Commission at least 45 days
prior to the public hearing in accordance with the requirements of
the MPC.
D.
If the proposed amendment involves a Zoning Map change, notice of the public hearing shall be conspicuously posted by the Township at points deemed sufficient by it along the tract to notify potentially interested citizens. The affected tract shall be posted at least one week prior to the date of the hearing.
E.
Notice of any proposed Zoning Map change shall also be mailed by the Township at least 30 days prior to the public hearing by first-class mail to the addresses to which real estate tax bills are sent for all real property located within the area being rezoned, as evidenced by tax records within the possession of the Township. A good faith effort and substantial compliance shall satisfy the requirements of this subsection. This subsection shall not apply to a comprehensive rezoning.
F.
If, after any public hearing held upon an amendment, the proposed
amendment is substantially revised or further revised to include land
previously not affected by it, then the Board of Supervisors shall
hold another public hearing pursuant to public notice before proceeding
to vote on the amendment.
G.
The Board of Supervisors shall act on a proposed amendment to this
chapter within 90 days of the date of the meeting at which the public
hearing on the amendment is closed. If the Board of Supervisors fails
to act within the said ninety-day period, then the proposed amendment
shall be deemed denied.
H.
Within 30 days after enactment, a certified copy of the amendment
to this chapter shall be forwarded to the Butler County Planning Commission.
I.
The proposed amendment shall also be published, advertised and made
available to the public in accordance with the requirements of the
MPC.
A.
A landowner who desires to challenge on substantive grounds the validity of this chapter, or the Official Zoning Map, or any provision hereof, 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(s) be heard and decided.
B.
Petitions.
(1)
Petitions for a curative amendment shall be filed with the Zoning
Officer. Such petition may be submitted at any time, but if an application
for a permit or approval is denied under this chapter, the request
shall be made not later than 30 days after notification of such denial.
(2)
The landowner curative amendment request shall be in writing
and shall contain the following:
(a)
A short statement reasonably informing the Board of Supervisors
of the matters that are in issue and the grounds for the challenge.
(b)
Plans and other explanatory material reasonably describing the use or development proposed by the landowner in lieu of the use or development permitted by this chapter or the Official Zoning Map and sufficient enough to evaluate the challenge.
(c)
An amendment or amendments to this chapter proposed by the landowner
to cure the alleged defects specified in the challenge.
C.
Review procedure. The Zoning Officer, upon receipt of the complete
petition, shall submit the petition to the Township Planning Commission
and the Butler County Planning Commission at least 30 days prior to
the public hearing to provide the Planning Commission an opportunity
to submit recommendations.
D.
Public hearing.
(1)
The Board of Supervisors shall hold a public hearing on the
challenge and proposed amendment. The hearing shall commence not later
than 60 days after the challenge was filed unless the landowner requests
or consents to an extension of time. The hearing may be postponed
or continued at the request of the landowner or by mutual consent
of the parties.
(2)
The public notice of the hearing shall, in addition to the requirements for advertisement for any amendment, indicate that the validity of this chapter or Zoning Map is in question and shall indicate the place where and times when a copy of the landowner's petition, including all plans submitted and the proposed amendment(s) may be examined by the public.
(3)
The public hearing shall be conducted within the following guidelines:
(a)
The Chairman or Vice Chairman of the Board of Supervisors presiding
shall have the power to administer oaths and issue subpoenas to compel
the attendance of witnesses and the production of relevant documents
and papers, including witnesses and documents requested by the parties.
(b)
The parties have the right to be represented by counsel and
shall be afforded the opportunity to respond and present evidence
and argument and cross-examine adverse witnesses on all relevant issues.
(c)
Formal rules of evidence shall not apply, but irrelevant, immaterial,
or unduly repetitious evidence may be excluded.
(d)
The Board of Supervisors shall keep a stenographic record of
the proceedings, and a transcript of the proceedings, as well as copies
of graphic or written material received in evidence, shall be made
available to any party at cost.
(e)
The Board of Supervisors shall not communicate, directly or
indirectly, with any party or his representatives in connection with
any issue involved except upon notice and opportunity for all parties
to participate, shall not take notice of any communication, reports,
staff memoranda, or other materials unless the parties are afforded
an opportunity to contest the material so noticed, and shall not inspect
the site or its surroundings after the commencement of hearings with
any party or his representatives unless all parties are given an opportunity
to be present.
E.
Rendering the decision.
(1)
The vote and decision shall be held during a regular or special
meeting of the Board of Supervisors.
(2)
Approval of the proposed amendment shall be granted by an affirmative,
majority vote of a quorum of the Board of Supervisors.
(3)
The landowner's request for a curative amendment shall be considered
denied when:
(a)
The Board of Supervisors notifies the landowner that it will
not adopt the amendment.
(b)
The Board of Supervisors adopts another amendment which is unacceptable
to the landowner.
(c)
The Board of Supervisors fails to act on the landowner's request
within 45 days of the close of the last hearing, unless the time is
extended by mutual consent of the landowner and the Township.
A.
The Township, by formal action, may declare this chapter or portions thereof or declare the Official Zoning Map or portions thereof substantively invalid and propose a curative amendment to overcome such invalidity.
B.
Within 30 days following the declaration and proposal, the Board of Supervisors shall, by resolution, make specific findings that set forth the declared invalidity of this chapter or the Official Zoning Map. The resolution may include:
C.
Within 30 days following the declaration and proposal, the Board of Supervisors shall begin to prepare and consider a curative amendment to this chapter and/or the Official Zoning Map to correct the declared invalidity.
D.
Within 180 days from the date of the declaration and proposal, the Board of Supervisors shall enact a curative amendment to validate or reaffirm the validity of this chapter and/or the Official Zoning Map pursuant to the provisions of this section in order to cure the declared invalidity.
E.
After initiation of the procedure set forth in Subsection A, the Township shall not be required to entertain or consider any landowner's curative amendment, nor shall the Zoning Hearing Board be required to give a report requested in regard to a challenge to the validity of this chapter or the Official Zoning Map when such curative amendment or appeal is based upon grounds identical or substantially similar to those specified in the resolution required in Subsection B. Upon completion of the procedures for a municipal curative amendment, no rights to a cure shall from the date of the declaration and proposal accrue to any landowner on the basis of the substantive invalidity of this unamended chapter or the unamended Official Zoning Map for which there has been a municipal curative amendment.
F.
The Township after having utilized the municipal curative amendment procedure may not again utilize the municipal curative amendment procedure for a thirty-six-month period following the date of the enactment of a municipal curative amendment or reaffirmation of the validity of this chapter and the Official Zoning Map through the municipal curative amendment process; 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 a Pennsylvania Appellate Court decision, the Township may utilize the provisions of this section to prepare a curative amendment to this chapter to fulfill said duty or obligation.
