The Township Council of Horsham Township may
from time to time amend, supplement, change, modify, or repeal this
chapter, including the Zoning Map, by proceeding in the following
manner.
The Township Council, by resolution adopted
at a regular or special meeting, shall fix the time and place of a
public hearing on the proposed amendment and cause public notice thereof
to be given as follows:
A.
A notice published once each week for two successive
weeks in a newspaper of general circulation in the municipality. Such
notice shall state the time and place of the hearing and the particular
nature of the matter to be considered at the hearing. The first publication
shall not be more than 30 days and the second publication shall not
be less than seven days from the date of the hearing.
B.
By mailing a notice to all property owners within
500 feet if only a particular area is involved.
C.
Before voting on the enactment of an amendment, the
governing body shall hold a public hearing thereon, pursuant to public
notice. In addition, if the proposed amendment involves a Zoning Map
change, notice of said public hearing shall be conspicuously posted
by the municipality at points deemed sufficient by the municipality
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.
D.
The notice shall state the general nature of the proposed
amendment and that full opportunity to be heard will be given to any
citizen and all parties in interest attending such hearing.
Every application for amendment of this chapter
shall first be presented to the Zoning Officer, and shall contain
the following:
A.
The applicant's name and address and his representative
and the interest of every person represented in the application.
B.
A plan showing the extent of the area to be rezoned,
street, bounding and intersecting the area, the land use and zone
classification of abutting districts, and photographs of the area
to be rezoned and abutting areas.
C.
A statement of the circumstances in the proposed district
and the abutting districts and any other factors on which the applicant
relies as reasons for supporting the proposed rezoning.
D.
The approximate time schedule for the beginning and
completion of development in the area.
E.
A site plan to scale, indicating the locations of
structures, uses, areas for off-street parking and loading.
F.
Information about the market area to be served by
the proposed development if a commercial use, including population,
effective demand for proposed business facilities, and any other information
describing the relationship of the proposed development to the needs
of the market area as the Zoning Officer, Planning Commission, or
governing body shall prescribe.
Whenever the owners of 50% or more of the (1) property owners within any district or (2) of the property owners of property fronting on the same street or streets or abutting on the property sought to be changed, and situate within 1,000 feet of the property sought to be changed, shall present to the Township Council a petition duly signed and acknowledged, requesting an amendment, supplement, change, modification or repeal of the regulations prescribed, or of the Zoning Map, including such district, it shall be the duty of the Township Council to hold a public hearing thereon and cause notice thereof to be given in the manner prescribed in § 230-250 herein.
All proposed amendments before adoption shall
be referred to the Township Planning Commission, if one exists, for
recommendations and an advisory report.
In case of a protest against such amendment,
change, modification, or repeal, signed by the owners of 20% or more
either of the area or the lots included in such proposed changes or
of those immediately adjacent in the rear thereof extending 100 feet
therefrom, or of those directly opposite thereto, extending 100 feet
from the street frontage of such opposite lots, such amendment, supplement,
change or modification shall not become effective except by the favorable
vote of 2/3 of all the members of the governing body.
Charges, payable in advance, as shall be determined
from time to time by the Township Council shall be made for the following
applications:
A.
For each application made to the Zoning Hearing Board
for the granting of a special exception or a variance or for an appeal
from a decision of the Zoning Officer wherein the application for
a special exception or variance or appeal from the Zoning Officer
concerns premises which are zoned residential and which will contain
no more than two single-family dwelling units.
B.
For all other applications made to the Zoning Hearing
Board for the granting of a special exception or a variance and for
all other appeals from a decision of the Zoning Officer.
C.
For each application made to the Township Council
of Horsham Township for a change or amendment of the Zoning Map or
for a change or amendment of this chapter or any part thereof wherein
the application concerns property zoned residential.
D.
For all other applications made to the Township Council
of Horsham Township for a change or amendment of the Zoning Map or
for a change or amendment of this chapter or any part thereof.
E.
For each application made to the Zoning Hearing Board
or Township Council which constitutes a challenge to this chapter,
or parts thereof; or Zoning Map, or parts thereof.
F.
In addition to the foregoing, each application shall
be accompanied by the required amount representing the costs of publishing
the required notices. In the event that the cost of publishing the
required notices is less than the amount paid, the balance shall be
remitted to the applicant. In the event that the cost of publishing
the required notices exceeds the amount paid by the applicant, the
applicant shall pay the balance thereof before the public hearing
as set forth in the published notice. Furthermore, every applicant
shall be responsible for all additional costs incidental to such application,
including engineering and stenographic fees as vouchered to the Township.
At least 30 days prior to the public hearing
on a zoning amendment by Township Council, the Township shall submit
the proposed amendment to the County Planning Commission for recommendations.
