The regulations, restrictions, boundaries and
requirements set forth in this chapter, including the Zoning District
Map, may, from time to time, be amended, supplemented, changed or
repealed, through amendment by the Board of Supervisors.
A.
Procedure for amendment.
(1)
No amendment to this chapter shall be made except
after a public hearing held on such proposed amendment. Notice of
the time and place and the matters to be considered at such public
hearing shall be published by the Board of Supervisors in a newspaper
of general circulation within the Township 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.
(2)
In the event that any amendment to be considered at
such a public hearing was not prepared by the Planning Commission,
each such amendment shall be submitted by the Board of Supervisors
to the Planning Commission at least 30 days prior to the date set
for the public hearing thereon to provide the Planning Commission
an opportunity to submit recommendations.
(3)
At least 30 days prior to a hearing on the amendment
by the Board of Supervisors, the proposed amendment shall be submitted
to the Montgomery County Planning Commission for recommendations.
(4)
If, after the public hearing on any proposed amendment,
the proposed amendment is revised or further revised to include land
not previously affected by the proposed amendment, the Board of Supervisors
shall hold another public hearing, after notice thereof by publication
in the manner provided above in this section, before proceeding to
vote on such revised amendment.
B.
Zoning amendments not originating from the Board of
Supervisors or Planning Commission.
(1)
Petition by property owners. Any property owner, or
a group of property owners, may apply to the Board of Supervisors
by a duly acknowledged petition accompanied by the required filing
fee, for an amendment, supplement, change, modification or repeal
of the regulations herein, including the Zoning District Map, as the
same may apply to the land of the applicant(s). It shall be the duty
of the Board of Supervisors to hold a public hearing thereon, and
cause notice thereof to be given in the manner prescribed by law.
(2)
Submission of curative amendment by landowner. A landowner who desires to challenge on substantive grounds the validity of an ordinance or 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 in accordance with the PA MPC. The Board of Supervisors shall commence a hearing thereon within 60 days of the request. The curative amendment shall be referred to the Planning Commission and the Montgomery County Planning Commission as provided in Subsection A of this section, and notice of the hearing thereon by the Board of Supervisors shall be given as provided in that subsection. The hearing shall be conducted in accordance with the provisions of the PA MPC.
(3)
Filing fee. In the event any owner or owners of property
petition for supplementing or changing the district boundaries or
regulations herein established, or a landowner submits a curative
amendment, the Zoning Officer shall collect a fee prior to such petition
being heard by the Board of Supervisors, as established by the Board
of Supervisors.
The Zoning Ordinance of Skippack Township of
2002, as amended, is hereby amended, and, all existing ordinances
or parts of ordinances, which are contrary to the provisions of this
chapter, are also amended to the extent necessary to give this chapter
full force and effect.
The provisions of this chapter are severable,
and if any sentence, clause, section or part of this chapter is for
any reason found to be illegal, invalid or unconstitutional by any
court of competent jurisdiction, such court decision shall not affect
or impair the remaining sentences, clauses, sections or parts of this
chapter. It is hereby declared as the intent of the Board of Supervisors
of Skippack Township that this chapter would have been adopted had
such illegal, invalid or unconstitutional sentence, clause, section
or part thereof not been included therein.
This chapter shall become effective in accordance
with the provisions of the Second Class Township Code of the Commonwealth
of Pennsylvania.[1]
[1]
Editor's Note: See 53 P.S. § 65101
et seq.
Enacted and ordained as Ordinance No. 314 at
public hearing/public meeting of the Board of Supervisors of Skippack
Township, Montgomery County, Pennsylvania this the 14th day of May
2008.
