The provisions of this chapter and the boundaries
of the zoning districts as set forth upon the Zoning Map may from
time to time be amended by the Township Board of Supervisors in accordance
with the provisions as set forth in the Pennsylvania Municipalities
Planning Code, Act 247, as amended. Prior to adopting any amendment to this chapter or to
the Zoning Map, the following procedures shall be met:
A. Any proposed amendment not initiated by the Township
Planning Commission shall be referred to the Township Planning Commission
not less than 30 days prior to a public hearing before the Township
Board of Supervisors to provide the Township Planning Commission an
opportunity to submit any comments or recommendations regarding the
proposed amendment.
B. Prior to voting on the enactment of any proposed amendment,
the Township Board of Supervisors shall hold a public hearing pursuant
to public notice. If, after any public hearing held upon a proposed
amendment, said amendment is substantially changed, or is revised
to include land not previously affected by the proposed amendment,
the Township Board of Supervisors shall hold another public hearing
before proceeding to vote on the amendment.
C. Any recommendation of the Township Planning Commission
shall be submitted to the Township Board of Supervisors in writing.
D. Not less than 30 days prior to the public hearing,
the Township Board of Supervisors shall submit the proposed amendment
to the Luzerne County Planning Commission for its comments and recommendation.
In addition to the proposed amendment, the Township Board of Supervisors
shall submit any required fees charged by the Luzerne County Planning
Commission for their review.
E. Proposed action shall not be taken until the Township
Planning Commission and the Luzerne County Planning Commission comments
and recommendations are submitted to the Township Board of Supervisors.
If either Commission fails to act within 30 days from its receipt
of the proposed amendment, the Township Board of Supervisors may proceed
without such recommendation.
F. When a proposed amendment involves a Zoning Map change,
the following procedures shall be applicable:
(1) Notice of the public hearing shall be conspicuously
posted by the Township at points deemed sufficient along the perimeter
of the tract to notify potentially interested citizens. The affected
tract or area shall be posted not less than one week prior to the
date of the public hearing.
(2) Notice of the public hearing shall be mailed by the
Township at least 30 days prior to the date of the public hearing
by first class mail to the addresses to which real estate tax bills
are sent for all real property and to those properties located within
a distance of 200 feet of any property boundary line of the property
subject to the proposed zone change as evidenced by tax records within
the Luzerne County Tax Assessment Office. The party requesting the
zoning boundary amendment shall be responsible for securing such information
and providing the same to the Township. The notice shall include the
location, time and date of the public hearing. A good faith effort
and substantial compliance shall be deemed to satisfy this requirement.
While it shall be the intent of Dallas Township to provide written
notice to such owners, failure to do so shall not invalidate an otherwise
duly enacted ordinance that amends the Zoning Map.
(3) The above requirement shall not apply when the rezoning
constitutes a comprehensive rezoning.
The application for a proposed amendment, which is not submitted as a curative amendment, to the text of this chapter or to the Zoning Map shall be submitted in writing to the Zoning Officer, who shall process said application in accordance with §
95-139 of this chapter. An application shall contain the following information, as applicable:
A. The applicant's name and address and/or the name and
address of his authorized agent or the equitable owner.
B. A copy of the deed to the property, and when the applicant
is not the owner of the property, appropriate documentation to establish
the applicant's standing as the equitable owner.
C. A signed statement by the owner of record, or applicant
as the case may be, attesting to the truth of the facts of all information
contained within the application.
D. A scaled plan of the area proposed to be rezoned,
which indicates abutting streets, the zone classification of adjoining
properties and the names and addresses of the true and correct owners
of record within the area proposed to be rezoned and physically bordering
the area to be rezoned as evidenced by tax records within the Luzerne
County Tax Assessor's Office.
E. Plans, drawings and explanatory material, which describes
in detail the applicant's proposed use and/or development of the property.
F. Specify those sections of this chapter or areas upon
the Zoning Map which will be affected by the proposed amendment.
A proposed amendment to this chapter or to the
Zoning Map shall be enacted in conformance with the following:
A. The Township Board of Supervisors shall conduct a public hearing pursuant to public notice and in accordance with the procedures as contained within §
95-139 of this chapter.
B. Public notice shall include the time, place and date
of the meeting at which enactment will be considered and a place within
Township where copies of the proposed amendment may be examined without
charge or obtained for a charge not greater than the cost thereof.
C. Public notice shall include either the full text of
the amendment or the title and a brief summary of the amendment as
prepared by the municipal solicitor. If the full text is not included,
then a copy of such shall be supplied to the newspaper in which the
public notice is published, and an attested copy to the County Law
Library.
D. In the event substantial changes are made to the proposed
amendment, before voting upon enactment, the Township Board of Supervisors
shall, not less than 10 days prior to enactment, readvertise in one
newspaper of general circulation in Township, a brief summary setting
forth all the provisions in reasonable detail together with a summary
of the changes.
Within 30 days after the enactment of an amendment
to this chapter or to the Zoning Map, a copy of the amendment shall
be forwarded to the Luzerne County Planning Commission.