The Board of Supervisors may from time to time
amend, supplement, change, modify or repeal this chapter including
the Zoning Map. The Board of Supervisors, by resolution adopted at
a stated or special meeting, shall fix the time and place of a public
hearing on the proposed change, amendment, or repeal and cause notice
thereof to be given as follows:
A.
By publishing a notice of the time and place of the
hearing not more than 30 days and not less than seven days in advance
of the date fixed for the hearing in a newspaper of general circulation
in the Township. Such notice shall be published once each week for
two successive weeks.
B.
In addition to the content requirements of Section
610 of the Pennsylvania Municipalities Planning Code, as amended,[1] the notice shall also set forth the principal provisions
of the proposed change, amendment or repeal in reasonable detail and
a reference to a place in the Township where copies of the proposed
change, amendment or repeal may be examined or purchased at a charge
not exceeding the cost thereof. Full opportunity to be heard will
be given to any citizen and all interested parties attending such
hearing. In addition, if the proposed amendment involves a Zoning
Map change, notice of said public hearing shall be conspicuously posted
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]
Editor's Note: See 53 P.S. § 10610.
A landowner or group of landowners in a district may present to the Board of Supervisors, a petition, duly signed and acknowledged, requesting an amendment, supplement, change, modification or repeal of any of the regulations or restrictions prescribed by this chapter for their district; or a change or modification of the Zoning Map with reference to such district. It shall be the duty of the Board of Supervisors to hold a public hearing thereon and cause notice thereof to be given in the manner prescribed in § 200-133A above.
The Board of Supervisors shall refer each petition
or proposal for change or amendment to the Township Planning Commission,
and County Planning Commission at least 30 days prior to the hearing,
which shall consider whether or not such proposed change or amendment
would be, in the view of the Commission, consistent with and desirable
in furtherance of the Comprehensive Plan upon which this chapter is
based, as the same may be modified from time to time. The Commission
shall transmit its conclusion thereon, together with its reasons therefor,
to the Board of Supervisors within 30 days. The Board of Supervisors
shall take such conclusion and reasons into consideration in reaching
its decision, but shall not be bound thereby.
A landowner who desires to challenge, on substantive
grounds, the validity of this chapter or Zoning Map, or any provision
thereof 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 Section
609.1 of the Pennsylvania Municipalities Planning Code, as amended.[1]
[1]
Editor's Note: See 53 P.S. § 10609.1.
At any public hearing on a proposed change or amendment, opportunity to be heard shall be given to any citizen. The Board of Supervisors shall take the recommendations of the Township and County Planning Commission into consideration in reaching its decision, but shall not be bound thereby. The Board of Supervisors shall have the power to adopt general or special rules of procedure for the conduct of any such hearing provided that, under §§ 200-120, 200-121 and 200-123, the hearings shall be conducted in accordance with the following procedures:
A.
The Board of Supervisors shall conduct a hearing thereon
within 60 days of the receipt of written request.
B.
The Chairman or, in his absence, the Acting Chairman,
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.
C.
The parties shall 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.
D.
Even though formal rules of evidence shall not apply,
irrelevant, immaterial or unduly repetitious evidence may be excluded.
E.
The Board of Supervisors shall keep a stenographic
record of the proceedings and copies of graphic or written material
received in evidence shall be made available at cost to any party.
All enactments of amendments to the chapter
or map shall be read at public meetings of the Board of Supervisors
and copies can be examined at the Township Building during regular
hours. The Board of Supervisors shall make a decision within a reasonable
amount of time after the close of the last hearing on the request
unless the time is extended by mutual consent by the landowner and
the Board of Supervisors. Should the Board fail to act on the landowner's
request within the designated time, the request is denied. When a
decision has been made by the Board of Supervisors, a written copy
of the decision shall be delivered to the landowner personally or
mailed to him not later than the day following its date. Within 30
days after enactment, a copy of the amendment to this chapter shall
be forwarded to the County Planning Commission.
