This chapter may be amended from time to time as deemed necessary for the public welfare or convenience, in compliance with the provision of Article VI, Sections 609 and 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 an 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 Beaver County Planning Commission for
recommendations.
[Amended 12-10-2007 by Ord. No. 156]
B.
Procedure for landowner curative amendment. A landowner who desires to challenge on substantive grounds the validity of this chapter, the Zoning Map attached and made a part hereof 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, accompanied by the appropriate fee, 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, Article VI, and all amendments thereto,[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 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.
(d)
If the Township of Brighton 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 those provisions relating to the
landowner's 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 Beaver County Planning Commission for
recommendations.
(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 or the Zoning Map 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 transcript
of the proceedings as well as copies of graphic or written material
received in evidence. These 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 30 days.
(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 30 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.
C.
Procedure for municipal curative amendment. If the
Township of Brighton determines that its zoning ordinance or any portion
thereof is substantially invalid, it shall take the following action:
(1)
The Township of Brighton shall declare by formal action
its zoning ordinance or portions thereof substantively invalid and
propose a curative amendment to overcome such invalidity. Within 30
days of such declaration the governing body shall, by resolution,
make specific findings setting forth the invalidity, which may include:
(2)
Within 180 days from the date of the declaration and proposal, the Township of Brighton shall enact a curative amendment to validate or reaffirm the validity of its zoning ordinance pursuant to the provisions of Act 247, Pennsylvania Municipalities Planning Code, Article VI, and all amendments thereto.[3]
[3]
Editor's Note: See 53 P.S. § 10101
et seq.
(3)
Upon declaration of invalidity, the Board of Supervisors
shall not be required to consider a landowner's curative amendment
nor shall the Zoning Hearing Board be required to give a report subsequent
to the declaration and proposal to remedy said invalidity.
(4)
The Township of Brighton may not again utilize said
procedure for a thirty-six-month period following the date of enactment
of a curative amendment unless a change in statute or a court decision
requires such curative amendment.
D.
Public notice. When a proposed zoning amendment involves
the reclassification of land, a minimum of two notices shall be posted
on the subject property not less than seven days prior to the date
of the required public hearing.
E.
Procedure following enactment. Within 30 days following
enactment of a zoning ordinance amendment, a copy of such amendment
shall be forwarded to the Beaver County Planning Commission.
F.
Appeal. Any action taken or decision rendered under
this article may be appealed by any parties aggrieved by said action
or decision under the provision and procedures provided in Act 247.
[1]
Editor's Note: See 53 P.S. § 10101
et seq.
