[Ord. No. 5-2005, 10/11/2005]
The Board of Supervisors may from time to time amend, supplement, change, modify or repeal this chapter, including the Zoning Map. Such shall be done in accordance with the following procedure.
[Ord. No. 5-2005, 10/11/2005]
The words "amend," "amendments" or "amended" in this chapter shall be deemed to include any modification of the text or phraseology of any provisions or amendments thereof, or any repeal or elimination of any such provision or part thereof, or any addition to the chapter or to an amendment thereof, and shall also be deemed to include any change in the number, shape, boundary or area of any district or districts, any repeal or abolition of any part of such map and, in addition to such map, any new map or maps or any other change in the maps or any map.
[Ord. No. 5-2005, 10/11/2005]
1.
Proposals for amendment, supplement, change, modification or repeal may be initiated by the Board of Supervisors on its own motion, by the Township Planning Commission, or by petition of one or more owners of property to be affected by the proposed amendment, subject to the following provisions:
A.
Submission Dates. The Board of Supervisors shall refer every proposed amendment, supplement, change, modification or repeal originated by them to the Township Planning Commission. Within 30 days of the submission of said proposal, the Planning Commission shall submit to the Board of Supervisors a report containing the Commission's recommendations, including any additions or modifications to the original proposal.
B.
Proposals Originated by the Board of Supervisors. The Board of Supervisors may on its own motion prepare proposal for amendment, supplement, change, modifications or repeal of this chapter.
C.
Proposals Originated by the Township Planning Commission. The Township Planning Commission may at any time transmit to the Board of Supervisors any proposal for the amendment, supplement, change, modification or repeal of this chapter.
D.
Proposals Originated by a Citizen's Petition. A petition by one or more owners of property or other residents may be submitted to the Township Supervisors. A fee, to be determined by resolution of the Supervisors, shall be paid at the time of submission of a written request for the amendment in order to cover the costs incurred by the Township. The Supervisors shall refer the proposal to the Township Planning Commission, which shall report to the Supervisors regarding the proposal within 30 days of the submission of the proposal. Within 30 days after receipt of the Planning Commission report and recommendation, the Board of Supervisors shall either fix a time for public hearing or notify the petitioner of its decision not to consider the proposal.
E.
Referral to the County Planning Commission. At least 30 days prior to the public hearing on the amendment by the Board of Supervisors, the Board of Supervisors shall submit the proposed amendment to the Luzerne County Planning Commission for recommendations.
[Ord. No. 5-2005, 10/11/2005]
1.
Before voting on the enactment of an amendment, the Board of Supervisors shall hold a public hearing thereon. No such amendment shall become effective until after such hearing, at which parties in interest and citizens shall have an opportunity to be heard.
2.
Public notice, as defined in by law, shall be given of the time, place, and the general nature of such hearing and shall be published in a newspaper of general circulation in the Township. Said notice shall be published once each week for two successive weeks. The first publication shall not be more than 30 days nor less than seven days from the date of the hearing. Public notices of proposed amendments shall include either the full text thereof or a brief summary setting forth the principal provisions in reasonable detail, and a reference to a place where copies of the proposed amendment may be examined, in addition to the time and place of hearing.
3.
When such hearing concerns a Zoning Map change, written notice shall be given to parties in interest, who shall be at least those persons whose properties adjoin or are across the street from the property in question.
A.
In addition, if the 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 perimeter of 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.
B.
In addition to the requirement that notice be posted under § 27-904, Subsection 3A, where the proposed amendment involves a Zoning Map change, notice of the public hearing shall be mailed by the municipality at least 30 days prior to the date of the hearing by first class mail to the addressees 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 municipality. The notice shall include the location, date and time of the public hearing. A good faith-effort and substantial compliance shall satisfy the requirements of this subsection.
4.
No hearing shall be held before or during the thirty-day period in which the Township Planning Commission has been directed to review and report its recommendations to the Board of Supervisors.
5.
At least 30 days prior to the public hearing on the proposed amendment, the Township Planning Commission shall submit the amendment to the County Planning Commission for review and recommendations.
6.
If, after any public hearing held upon an amendment, the proposed amendment is changed substantially, or is revised to include land previously not affected by it, the Board of Supervisors shall hold another public hearing, pursuant to public notice, before proceeding to vote on the amendment.
7.
The vote on the enactment by the Board of Supervisors shall be within 90 days after the last public hearing. Within 30 days of enactment, a copy of the amendment to this chapter shall be forwarded to the County Planning Commission.
[Ord. No. 5-2005, 10/11/2005]
1.
A curative amendment may be initiated by either a landowner or by the Board of Supervisors.
A.
Procedure for Landowner Curative Amendments. A landowner who desires to challenge on substantive grounds the validity of this chapter or map or any provision thereof which prohibits or restricts the use or development of and 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 § 27-710.
(1)
The Board of Supervisors shall commence a hearing thereon within 60 days of the request as provided in § 27-710. The curative amendment and challenge shall be referred to the Township and County Planning Commissions as provided in § 27-904 and notice of the hearing thereon shall be given as provided in § 27-904, Subsection 2.
(2)
The hearing shall be conducted in accordance with § 27-704, 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 908(2) and (9) of the PA Municipalities Planning Code[1] shall not apply and the provisions of Section 916.1 of the PA Municipalities Planning Code[2] shall control. If the Board of Supervisors 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 chapter and map, but only for those provisions which specifically relate to the landowner's curative amendment and challenge.
(3)
If the Board of Supervisors determines that a validity challenge has merit, the Board of Supervisors may accept a landowner's curative amendment, with or without revision, or may adopt an alternative amendment which will cure the alleged defects. The Board of Supervisors shall consider the curative amendments, plans and explanatory material submitted by the 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 or persons otherwise unlawfully excluded by the challenged provisions of the chapter or map.
(c)
The suitability of the site for the intensity of use proposed by the site's soils, slopes, woodland, 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 agriculture and other land uses which are essential to public health and welfare.
B.
Procedure for Municipal Curative Amendments.
(1)
If the Board of Supervisors determines that this chapter or any portion thereof is substantially invalid, the Board of Supervisors 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 Board of Supervisors shall:
(2)
Begin to prepare and consider a curative amendment to this chapter to correct the declared invalidity.
(3)
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.
(4)
Upon initiation of the procedures, as set forth in § 27-905, Subsection 1B, the Board of Supervisors shall not be required to entertain or consider any landowner's curative amendment filed under § 27-905, Subsection 1A, nor shall the Zoning Hearing Board be required to give a report requested under § 27-710 subsequent to the declaration and proposal based upon the grounds identical to or substantially similar to those specified in the resolution required by § 27-905, Subsection 1B(1), no rights to a cure shall, from the date of declaration and proposal, accrue to any landowner on the basis of the substantive invalidity of the unamended chapter for which there has been a curative amendment pursuant to this section.
(5)
The Board of Supervisors, having utilized the procedures as set forth in § 27-905, Subsection 1A and B, may not gain utilize said procedure for a thirty-six-month period following the date of the enactment of a curative amendment, or reaffirmation of § 27-905, Subsection 1B; 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 the 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.
[Ord. No. 5-2005, 10/11/2005]
1.
Proposed chapter amendments shall not be enacted unless notice of proposed enactment is given in the manner set forth in this section, and shall include the time and place of the meeting at which passage will be considered, a reference to a place within the Township where copies of the proposed amendment may be examined without charge or obtained for charge not greater than the cost thereof. The Board of Supervisors shall publish the proposed amendment once in one newspaper of general circulation in the Township not more than 60 days nor less than seven days prior to passage. Publication of the proposed amendment shall include either the full text thereof or the title and brief summary, prepared by the Township Solicitor and setting forth all the provisions in reasonable detail. If the full text is not included:
A.
A copy thereof shall be supplied to a newspaper of general circulation in the Township at the time the public notice is published.
B.
An attested copy of the proposed ordinance shall be filed in the County Law Library or other County Office designated by the County Commissioners, who may impose a fee no greater than that necessary to cover the actual costs of storing said ordinance.
2.
In the event substantial amendments are made in the proposed amendment, before voting upon enactment, the Board of Supervisors shall at least 10 days prior to enactment readvertise, in one newspaper of general circulation in the Township, a brief summary setting forth all the provisions in reasonable detail, together with a summary of the amendments.
3.
Zoning ordinances and amendments may be incorporated into official ordinance books by reference with the same force and effect as if duly recorded therein.