This chapter is adopted in compliance with the provisions of Article VI, Sections 607 and 608 of Act 247, as amended, known and cited as the "Pennsylvania Municipalities Planning Code."[1]
[1]
Editor's Note: See 53 P.S. §§ 10607 and 10608.
This chapter may be amended from time to time as deemed necessary for the public welfare or convenience, in compliance with the provisions of Article VI, Section 609 and Section 609.1 of Act 247, as amended, known and cited as the "Pennsylvania Municipalities Planning Code."[1]
A.
Enactment of amendment. An amendment to this chapter may be initiated
by the Board of Supervisors or the Planning Commission. Before voting
on the enactment of an amendment, the Board of Supervisors shall hold
a public hearing thereon, pursuant to public notice. In the case of
an amendment prepared by other than the Planning Commission, the Board
of Supervisors shall submit said amendment to the Planning Commission
for recommendations, at least 30 days prior to the public hearing.
If, after any public hearing held upon an amendment, the proposed
amendment is revised, or further 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. Thirty days prior to the public hearing held by the Board
of Supervisors, the Township Planning Commission shall submit the
proposed amendment to the Tioga County Planning Commission for recommendations.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
Procedure upon curative amendment: A landowner who desires to challenge
on substantive grounds the validity of this chapter, 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 or amendments be heard and decided in the manner
prescribed by Act 247, the "Pennsylvania Municipalities Planning Code"[2] and further defined as follows:
(1)
Procedure for filing for curative amendment:
(a)
The landowner shall make a written request to the Board of Supervisors
that it hold a hearing on his challenge. The request shall contain
a short statement reasonably informing the Board of Supervisors of
the matters that are in issue and the grounds for the challenge.
(b)
Such request 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.
In such case, if the landowner elects to make the request to the Board
of Supervisors and the request is timely, the time within which he
may seek review of the denial of the permit or approval on other issues
shall not begin to run until the request is finally disposed of.
(c)
The request shall be accompanied by plans and other materials
describing the use or development proposed by the landowner. Such
plans and other material may be general in nature, but should provide
a sufficient base for evaluating the challenge.
(2)
Public hearing:
(a)
Upon petition the Board of Supervisors shall hold a hearing
thereon within 60 days of the filing of the request.
(b)
At least 30 days prior to the hearing the Board of Supervisors
shall refer the proposed amendment to the Township Planning Commission
and the Tioga County Planning Commission for recommendations.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(c)
The public notices of the hearing shall in addition to the requirements
for advertisement for any amendment indicate that the validity of
this chapter is in question and shall indicate the place and times
when a copy of the landowner's request, including all plans submitted
and the proposed amendment(s) may be examined by the public.
(d)
The public hearing shall be conducted within the following guidelines:
[1]
The Chairman or Acting 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.
[2]
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.
[3]
Formal rules of evidence shall not apply but irrelevant, immaterial
or unduly repetitious evidence may be excluded.
[4]
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.
[5]
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)
The hearing may be postponed or continued at the request of
the landowner or by mutual consent of the parties.
(3)
Procedure for rendering formal action: Upon completion of the
hearing the Board of Supervisors shall render a decision and communicate
said decision to all parties within 45 days.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(a)
Approval of the amendment shall be granted by formal affirmative
vote at a regular or special meeting of the Board of Township Supervisors.
(b)
The landowner's request shall be considered denied when:
[1]
The Board of Supervisors notifies the landowner that it will
not adopt the amendment.
[2]
The Board of Supervisors adopts another amendment which is unacceptable
to the landowner.
[3]
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 Board of Supervisors.
[2]
Editor's Note: See 53 P.S. § 10101 et seq.
[1]
Editor's Note: See 53 P.S. §§ 10609 and 10609.1.
