[Amended 1-15-2018 by Ord. No. 433-18]
The Board of Supervisors may from time to time amend, supplement,
change, modify or repeal this chapter or any provision thereof, including
the Zoning Map, by proceeding in the manner prescribed in this article
and in accordance with the applicable provisions of the Municipalities
Planning Code.
A.
Proposals for amendment of this chapter may be initiated by the Board
of Supervisors on its motion, by the Township Planning Commission,
or by petition of one or more owners of property to be affected by
the proposed amendment.
B.
A landowner who desires to challenge, on substantive grounds, the
validity of this chapter or Zoning Map, or any provision thereof which
prohibits or restricts the use or development of land in which they
have an interest, may submit a curative amendment to the Board of
Supervisors with a written request that their challenge and proposed
amendment be heard and decided as provided in Sections 609.1 and 916.1
of the Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10609.1 and 53 P.S.
§ 10916.1.
C.
If the Board of Supervisors determines that this chapter or any portion
thereof or amendment thereto is substantially invalid, it shall have
the right to prepare a curative amendment in accordance with the procedure
set forth in Section 609.2 of the Municipalities Planning Code.[2]
[2]
Editor's Note: See 53 P.S. § 10609.2.
A.
Proposals initiated by the Board of Supervisors. The Board of Supervisors
shall refer every proposed amendment originated by the Board or submitted
for its formal consideration to the Board, the Township Planning Commission,
and the Chester County Planning Commission.
B.
Proposals initiated by the Township Planning Commission. The Township
Planning Commission may at any time transmit to the Board of Supervisors
any proposal for amendment of this chapter.
C.
Proposals initiated by petition of property owners. Each petition
by one or more property owners of property to be affected by a proposal
for amendment shall be submitted to the Secretary of the Board of
Supervisors, together with a fee in accordance with a fee schedule
adopted by resolution of the Board. No part of such fee shall be refundable
to the petitioner.
A.
At least 30 days prior to the hearing on such proposed amendment,
the Board of Supervisors shall refer proposed amendments, other than
ones originated by the Township Planning Commission, to the Township
Planning Commission so it may provide recommendations on the proposed
amendment.
[Amended 1-15-2018 by Ord. No. 433-18]
B.
All proposed amendments shall be submitted by the Township to the
Chester County Planning Commission for review and comment at least
30 days prior to the amendment hearing in accordance with the provisions
of the Municipalities Planning Code. The Board of Supervisors shall
not take action on the amendment until the report from the County
Planning Commission is received or the time period for such response
has elapsed. However, the Board shall not be bound by recommendations
of the county.
A.
The Board of Supervisors shall fix the time and place of a public
hearing on the proposed amendment, and notice thereof shall be given
in accordance with this section.
[Amended 6-2-2014 by Ord.
No. 422-14]
C.
If the proposed amendment involves a Zoning Map change, notice of
the public hearing shall be conspicuously posted by the Township along
the perimeter of the lot or areas where such map change is proposed.
Such posting shall be in accordance with the provisions of the Municipalities
Planning Code to notify interested citizens. The affected lot or area
shall be posted at least one week prior to the date of the hearing.
In addition, in accordance with the Municipalities Planning Code,
the Township shall send notice of the public hearing to affected property
owners, by first-class mail, at least 30 days prior to the date of
the hearing; however, this provision shall not be required when the
rezoning is comprehensive.
[Amended 12-15-2014 by Ord. No. 424-14]
E.
At the public hearing, full opportunity to be heard shall be given
to any resident and all parties in interest.
F.
In the event substantial changes are made to the proposed amendment
or ordinance, or it is revised to include land previously not affected
by it, the Board of Supervisors shall hold another public hearing,
pursuant to public notice as provided in the Municipalities Planning
Code,[3] prior to proceeding to vote on the amendment or ordinance.
[Amended 1-15-2018 by Ord. No. 433-18]
[3]
Editor's Note: See 53 P.S. § 10101 et seq.
G.
An owner
of a lot or parcel of land or the owner of the mineral rights in a
tract or parcel of land may request that the Township provide written
or electronic notice of a public hearing on an ordinance which may
affect the lot or parcel of land. Mailed notice shall only be required
where the landowner has made a written request and has supplied the
Township with stamped, self-addressed envelopes prior to the public
hearing. Electronic notice shall only be required if a landowner has
made a written request that notice be sent electronically and has
supplied the Township with an electronic address prior to the hearing
and the Township has the capability of generating an electronic notice.
The Township shall deposit a mailed notice in the United States Mail
or provide electronic notice not more than 30 and not less than seven
days prior to the scheduled date of the hearing as shown on the notice.
Failure of the owner to receive a requested mailed notice or electronic
notice shall not be deemed to invalidate any action or proceeding.
[Added 6-2-2014 by Ord.
No. 422-14; 12-15-2014 by Ord. No. 424-14]
A.
After enactment, amendments shall be incorporated into the Township's
official ordinance books. Chapter amendments may be incorporated into
official ordinance books by reference with the same force and effect
as if duly recorded therein, with the same being attached to the official
ordinance.
B.
Within 30 days after enactment, a copy of the adopted amendment shall
be forwarded to the Chester County Planning Commission.
