The Board of Supervisors may from time to time amend, supplement,
change, modify or repeal this chapter. When doing so, the Board of
Supervisors shall proceed in the manner prescribed in this article.
The words "amend," "amendment," "amendments" or "amended" in
this chapter shall be deemed to include any modification of the text
or phraseology of any provision or amendment thereof or any repeal
or elimination of any addition to such provision or part thereof,
or any addition to the chapter or to an amendment thereof.
[Amended 12-1-1992 by Ord. No. 92-13]
Proposals for amendment, supplement, change, modification or
repeal may be initiated by the Board of Supervisors on its own motion
or by the Planning Commission.
A.Â
Proposals originated by the Board of Supervisors. The Board of Supervisors
shall refer every proposed amendment, supplement, change, modification
or repeal originated by the governing body to the Township Planning
Commission and Bucks County Planning Commission. Within 30 days of
the submission of said proposal, the Planning Commission shall submit
to the Board of Supervisors a report containing the Commission's recommendations,
including any additions or modifications to the original proposal.
B.Â
Proposals originated by the Planning Commission. The Planning Commission
may at any time transmit to the Board of Supervisors any proposal
for the amendment, supplement, change, modification or repeal of this
chapter.
[Added 12-1-1992 by Ord. No. 92-13]
Changes in this chapter shall affect plats as follows:
A.Â
From the time an application for approval of a plat, whether preliminary
or final, is duly filed as provided in this chapter, and while such
application is pending approval or disapproval, no change or amendment
of this chapter, zoning or other governing ordinance or plan shall
affect the decision on such application adversely to the applicant,
and the applicant shall be entitled to a decision in accordance with
the provisions of the governing ordinances or plans as they stood
at the time the application was duly approved. In addition, when a
preliminary application has been duly approved, the applicant shall
be entitled to final approval in accordance with the terms of the
approved preliminary application as hereinafter provided. However,
if an application is properly and finally denied, any subsequent application
shall be subject to the intervening change in governing regulations.
B.Â
When an application for approval of a plat, whether preliminary or
final, has been approved without conditions or approved by the applicant's
acceptance of conditions, no subsequent change or amendment in this
chapter, zoning or other governing ordinance or plan shall be applied
to affect adversely the right of the applicant to commence and to
complete any aspect of the approved development in accordance with
the terms of such approval within five years from such approval.
C.Â
Where final approval is preceded by preliminary approval, the aforesaid
five-year period shall be counted from the date of the preliminary
approval. In the case of any doubt as to the terms of a preliminary
approval, the terms shall be construed in the light of the provisions
of this chapter or the governing ordinance or plans as they stood
at the time when the application for such approval was duly filed.
D.Â
Where the landowner has substantially completed the required improvements
as depicted upon the final plat within the aforesaid five-year limit,
or any extension thereof as may be granted by the Board of Supervisors,
no change of any ordinance or plan enacted subsequent to the date
of filing of the preliminary plat shall modify or revoke any aspect
of the approved final plat pertaining to zoning classification or
density, lot, building, street or utility location.
E.Â
In the case of a preliminary plat calling for the installation of
improvements beyond the five-year period, a schedule shall be filed
by the landowner with the preliminary plat, delineating all proposed
sections as well as deadlines within which applications for final
plat approval of each section are intended to be filed. Such schedule
shall be updated annually by the applicant on or before the anniversary
of the preliminary plat approval until final plat approval of the
final section has been granted, and any modification in the aforesaid
schedule shall be subject to approval of the Board of Supervisors,
in its discretion.
F.Â
Each section in any residential subdivision or land development,
except for the last section, shall contain a minimum of 25% of the
total number of dwelling units as depicted on the preliminary plan,
unless a lesser percentage is approved by the Board of Supervisors,
in its discretion, provided that the landowner has not defaulted with
regard to or violated any of the conditions of the preliminary plat
approval, including compliance with the landowner's aforesaid schedule
of submission of final plats for the various sections; then the aforesaid
protections afforded by substantially completing the improvements
depicted upon the final plat within five years shall apply, and for
any section or sections beyond the initial section in which the required
improvements have not been substantially completed within said five-year
period, the aforesaid protections shall apply for an additional term
or terms of three years from the date of final plat approval for each
section.
G.Â
Failure of landowner to adhere to the aforesaid schedule of submission
of final plats for the various sections shall subject any such section
to any and all changes in this chapter, zoning and other governing
ordinance enacted by the Township subsequent to the date of the initial
preliminary plan submission.
[Amended 12-1-1992 by Ord. No. 92-13]
A.Â
Before voting on the enactment of an amendment, the Board of Supervisors
shall hold a public hearing thereon. No amendment shall become effective
until after such hearing, at which parties in interest and citizens
shall have an opportunity to be heard.
B.Â
Proposed subdivision and land development ordinances and amendments
shall not be enacted unless notice of proposed enactment is given
in the manner set forth in this section and shall include the time
and place of the meeting at which passage will be considered and a
reference to a place within the Township where copies of the proposed
ordinance or amendment may be examined without charge or obtained
for a charge not greater than the cost thereof. The Board of Supervisors
shall publish the proposed ordinance or amendment once in each week
for two successive weeks in a newspaper of general circulation in
the Township not more than 60 days nor less than seven days prior
to passage. Publication of the proposed ordinance or amendment shall
include either the full text thereof or the title and a brief summary,
prepared by the Township Solicitor, and setting forth all the provisions
in reasonable detail. If the full text is not included:
(1)Â
A copy thereof shall be supplied to a newspaper of general circulation
in the Township at the time the public notice is published.
(2)Â
An attested copy of the proposed ordinance shall be filed in
the county law library or other county office designated by the County
Commissioners, who may impose a fee no greater than that necessary
to cover the actual costs of storing said ordinance.
C.Â
In the event substantial amendments are made in the proposed ordinance
or amendment, before voting upon enactment, the Board of Supervisors
shall, at least 10 days prior to enactment, readvertise in one newspaper
of general circulation in the Township a brief summary setting forth
all the provisions in reasonable detail together with a summary of
the amendments.
D.Â
No hearing shall be held before or during the thirty-day-period in
which the Planning Commissions have been directed to review and report
their recommendations to the Board of Supervisors.
E.Â
Within 30 days after adoption, the Board of Supervisors of Middletown
Township shall forward a certified copy of any amendment to the Subdivision
and Land Development Ordinance to the Bucks County Planning Commission.
