Township of West Manheim, PA
York County
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Table of Contents
Table of Contents

§ 270-239 Power of enactment.

The Board of Supervisors may, from time to time, amend, supplement, change, modify or repeal this chapter or any part of this chapter, including the Official Zoning Map. When doing so, the Board of Supervisors shall proceed in the manner prescribed in this Part 13.

§ 270-240 Procedures for chapter or map amendments.

A. 
General procedure. Proposals for amendment, supplement, change, modification, or repeal of this chapter may be initiated by the Board of Supervisors, by the Township Planning Commission, or by petition of one or more owners of property to be affected by the proposed amendment, subject to the following provisions:
(1) 
Before voting on the enactment of an amendment, the Board of Supervisors shall hold a public hearing thereon, pursuant to public notice, and pursuant to mailed notice and electronic notice if applicable per 53 P.S. § 10109. In addition, if the proposed amendment involves an Official Zoning Map change, notice of said public hearing shall be conspicuously posted by the Township at points deemed sufficient by the Township 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.[1]
(a) 
In addition to the requirement that notice be posted under Subsection A(1), where the proposed amendment involves an Official Zoning Map change, notice of the public hearing shall be mailed by the Township at least 30 days prior to the date of the hearing by first-class mail to the addresses to which real estate tax bills are sent for all real property located within the area being rezoned, as evidenced by tax records within the possession of the Township. The notice shall include the location, date and time of the public hearing. A good faith effort and substantial compliance shall satisfy the requirements of this section.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(2) 
In the case of an amendment other than that prepared by the Township Planning Commission, the Board of Supervisors shall submit each such amendment to the Township Planning Commission at least 30 days prior to the hearing on such proposed amendment to provide the Township Planning Commission an opportunity to submit recommendations.
(3) 
If, after any public hearing held upon an amendment, the proposed amendment is changed substantially, or is revised, to include land previously not affected by it, the Board of Supervisors shall hold another public hearing, pursuant to public notice, and mailed notice and electronic notice if applicable, before proceeding to vote on the amendment.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(4) 
At least 30 days prior to the public hearing on the amendment by the Board of Supervisors, the Township shall submit the proposed amendment to the York County Planning Commission for recommendations.
(5) 
Within 30 days after the enactment, a copy of the amendment to this chapter shall be forwarded to the York County Planning Commission.
B. 
Publication and advertisement.
(1) 
Proposed zoning 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, 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 one newspaper of general circulation in the municipality neither 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:
(a) 
A copy thereof shall be supplied to a newspaper of general circulation in the municipality at the time the public notice is published;
(b) 
An attested copy of the proposed ordinance shall be filed in the County Law Library or other County office designated by the York County Commissioners, who may impose a fee no greater than that necessary to cover the actual costs of storing said ordinances.
(2) 
In the event substantial amendments are made in the proposed ordinance or amendment, before voting upon enactment by the Board of Supervisors, all applicable provisions of Subsections A and B shall be complied with as if it were a new amendment.
(3) 
Zoning ordinances and amendments may be incorporated into official ordinance books by reference with the same force and effect as if duly recorded therein.
C. 
Proposal originated by citizen petition. Owners of property in the Township may, by petition, submit proposals for amendment, supplement, change, modification or repeal of this chapter, subject to the procedures outlined in this section.

§ 270-241 Curative amendments.

A curative amendment may be initiated by either a landowner or by the Board of Supervisors.
A. 
Procedure for landowner curative amendments.
(1) 
A landowner who desires to challenge on substantive grounds the validity of a zoning 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 heard and decided as provided in this Part 13 and § 270-231.
(2) 
The Board of Supervisors shall commence a hearing thereon within 60 days of the request as provided in this Part 13 and § 270-231. The curative amendment and challenge shall be referred to the Township and County Planning Commissions as provided in § 270-240A and notice of the hearing thereon shall be given as provided in §§ 270-231 and 270-240B.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(3) 
The hearing shall be conducted in accordance with § 270-229, and all references therein to the Zoning Hearing Board shall, for the purposes of this section, be referred to the Board of Supervisors. If the Board of Supervisors does not accept a landowner's curative amendment brought in accordance with this section and a court subsequently rules that the challenge has merit, the court's decision shall not result in a declaration of invalidity for this entire chapter and map, but only for those provisions which specifically relate to the landowner's curative amendment and challenge.
(4) 
If the Board of Supervisors determines that a validity challenge has merit, the Board of Supervisors may accept a landowner's curative amendment, with or without revision, or may adopt an alternative amendment that will cure the alleged defects. The Board of Supervisors shall consider the curative amendments, plans and explanatory material submitted by the landowner and shall also consider:
(a) 
The impact of the proposal upon roads, sewer facilities, water supplies, schools and other public service facilities.
(b) 
If the proposal is for a residential use, the impact of the proposal upon regional housing needs and the effectiveness of the proposal in providing housing units of a type actually available to and affordable by classes of persons otherwise unlawfully excluded by the challenged provisions of the ordinance or map.
(c) 
The suitability of the site for the intensity of use proposed by the site's soils, slopes, woodlands, wetlands, floodplains, aquifers, natural resources and other natural features.
(d) 
The impact of the proposed use on the site's soils, slopes, woodlands, wetlands, floodplains, natural resources and natural features, the degree to which these are protected or destroyed, the tolerance of the resources to development and any adverse environmental impacts.
(e) 
The impact of the proposal on the preservation of agriculture and other land uses which are essential to public health and welfare.
B. 
Procedure for municipal curative amendments.
(1) 
If the Board of Supervisors determines that this chapter or any portion thereof is substantially invalid, the Board of Supervisors shall declare, by formal action, this chapter or portions hereof substantively invalid and propose to prepare a curative amendment to overcome such invalidity. Within 30 days following such declaration and proposal, the Board of Supervisors shall:
(a) 
By resolution make specific findings setting forth the declared invalidity of this chapter which may include:
[1] 
References to specific uses which are either not permitted or not permitted in sufficient quantity;
[2] 
Reference to a class of use or uses which require revision; or
[3] 
Reference to the entire ordinance which requires revisions.
(b) 
Begin to prepare and consider a curative amendment to this chapter to correct the declared invalidity.
(2) 
Within 180 days from the date of the declaration and proposal, the Board of Supervisors shall enact a curative amendment to validate, or reaffirm the validity of this chapter.
(3) 
Upon initiation of the procedures as set forth in Subsection B(1), the Board of Supervisors shall not be required to entertain or consider any landowner's curative amendment filed under Subsection A, nor shall the Zoning Hearing Board be required to give a report requested under § 270-231 subsequent to the declaration and proposal based upon the grounds identical to or substantially similar to those specified in the resolution required by Subsection B(1)(a). Upon completion of the procedures as set forth in Subsection B(1) and (2), no rights to a cure shall, from the date of declaration and proposal, accrue to any landowner on the basis of the substantive invalidity of the unamended zoning ordinance for which there has been a curative amendment pursuant to this Part 13.
(4) 
The Board of Supervisors having utilized the procedures as set forth in Subsection B(1) and (2) may not again utilize said procedure for a thirty-six-month period following the date of the enactment of a curative amendment, or reaffirmation of the validity of this chapter, pursuant to Subsection B(2); provided, however, if after the date of declaration and proposal there is a substantially new duty or obligation imposed upon the Township by virtue of a change in statute or by virtue of a Pennsylvania Appellate Court decision, the Township may utilize the provisions of this subsection to prepare a curative amendment to this chapter to fulfill said duty or obligation.