[Amended 8-24-1989 by Ord. No. 89-09]
The Board of Supervisors may, from time to time, amend, supplement,
change or repeal this chapter, including the Official Zoning Map.[1] Any amendment, supplement, change or repeal may be initiated
by the Township Planning Commission, the Board of Supervisors or by
a petition to the Board of Supervisors by an interested party.
[1]
Editor's Note: The Zoning Map is on file and available for
inspection in the office of the Township Secretary.
A.
Public hearing. Before hearing and enacting Zoning Ordinance and/or
Zoning Map amendments, the Board of Supervisors shall conduct a public
hearing to inform the general public of the nature of the amendment
and to obtain public comment. Such public hearing shall be conducted
after public notice, as defined herein and listed below, has been
given.
B.
Public notice. Before conducting a public hearing, the Board of Supervisors
shall provide public notice as follows:
(1)
Notice shall be published once each week for two successive
weeks in a newspaper of general circulation in the municipality. Such
notice shall state the time and place of the hearing and the particular
nature of the matter to be considered at the hearing. The first publication
shall not be more than 30 days, and the second publication shall not
be less than seven days from the date of the hearing. Publication
of the proposed amendment shall include either the full text thereof
or the title and brief summary, prepared by the Municipal Solicitor
and setting forth all the provisions in reasonable detail. If the
full text is not included:
(a)
A copy of the full text shall be supplied to a newspaper of
general circulation in the municipality at the time the public notice
is published; and
(b)
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.
(2)
For Zoning Map amendments, public notice shall also include
the posting of a sign at conspicuous points on the subject property
deemed sufficient by the municipality to notify potentially interested
citizens; these signs shall be posted at least one week prior to the
hearing and will exhibit the nature, date, time and location of the
hearing.
[Amended 6-28-2001 by Ord. No. 01-03]
(3)
For curative amendments, public notice shall also indicate that
the validity of the ordinance and/or map is in question and shall
give the place where and the times when a copy of the request, including
any plans, explanatory material or proposed amendments, may be examined
by the public.
(4)
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 governing body shall hold another public hearing,
pursuant to public notice, before proceeding to vote on the amendment.
C.
Enactment notice. In addition to the public notice requirements defined herein, the Board of Supervisors must publish a reference to the time and place of the meeting at which passage of the ordinance or amendment will be considered and a reference to a place within the municipality 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 enactment notice shall be published at least once in one newspaper of general circulation in the municipality not more than 60 days nor less than seven days prior to passage. The published content of the enactment notice shall be the same as that required for public notice described in the preceding Subsection B.
D.
Township Planning Commission referrals.
(1)
For amendments proposed by parties other than the Township Planning
Commission, the Board of Supervisors shall submit each amendment to
the Township Planning Commission at least 30 days prior to the public
hearing on such amendment.
(2)
A report of the review by the Township Planning Commission,
together with any recommendations, may be given to the Board of Supervisors
within 30 days from the date of said referral. The recommendation
of the Township Planning Commission may include a specific statement
as to whether or not the proposed action is in accordance with the
intent of this chapter and any officially adopted Comprehensive Plan
of the Township.
E.
York County Planning Commission referrals. All proposed amendments
shall be submitted to the York County Planning Commission at least
30 days prior to the public hearing on such amendments. The Commission
may submit recommendations to the Board of Supervisors; however, if
the York County Planning Commission fails to act within 30 days, the
Board of Supervisors may proceed without its recommendations.
F.
Adjournment of public hearing. If, during the public hearing process,
the Board of Supervisors needs additional time to understand the proposal,
inform the public, receive public comment and/or render a decision,
it may adjourn the public hearing to a time and place certain.
G.
Within 30 days after enactment, a copy of the amendment to this chapter
shall be forwarded to the York County Planning Commission.
When an amendment, supplement, change or repeal is initiated
by the Township Planning Commission, the proposal shall be presented
to the Board of Supervisors, which shall then proceed in the same
manner as for a petition to the Board of Supervisors which has already
been reviewed by the Township Planning Commission.
When an amendment, supplement, change or repeal is initiated by the Board of Supervisors, such amendment, supplement, change or repeal shall follow the procedure prescribed for a petition under § 150-376.
A petition for amendment, supplement, change or repeal for a
portion of this chapter shall include an accurate legal description
and surveyed plan of any land to be rezoned and all of the reasons
supporting the petition to be considered. The petition shall also
be signed by at least one record owner of the property in question,
whose signature shall be notarized attesting to the truth and correctness
of all the facts and information presented in the petition. A fee
to be established by the Board of Supervisors shall be paid upon the
filing of such petition for change and for the purpose defraying in
the costs of the proceedings prescribed herein. The Board of Supervisors
may require duplicate sets of petition materials.
A landowner who desires to challenge on substantive grounds
the validity of this chapter or the Official Zoning Map[1] 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, including all of
the reasons supporting the request to be considered, with a written
request that his challenge and proposed amendment be heard and decided
as provided in Sections 609.1 and 916.1 of the Act; as amended.[2] The Board of Supervisors shall commence a hearing thereon within 60 days of the request. The curative amendment shall be referred to the Township and York County Planning Commissions as provided for in § 150-373, and public notice of the hearing shall be provided as defined herein.
A.
In reviewing the curative amendment, the Board of Supervisors may
deny the request, accept the request as submitted or may adopt an
alternative amendment which will cure the challenged defects. The
governing body shall consider the curative amendments, plans and explanatory
material submitted by the landowner and shall also consider:
(1)
The impact of the proposal upon roads, sewer facilities, water
supplies, schools and other public service facilities.
(2)
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.
(3)
The suitability of the site for the intensity of use proposed
by the site's soils, slopes, woodland, wetlands, floodplains, aquifers,
natural resources and other natural features.
(4)
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.
(5)
The impact of the proposal on the preservation of agriculture
and other land uses which are essential to public health and welfare.
B.
The governing body shall render its decision within 45 days after
the conclusion of the last hearing.
C.
If the governing body fails to act on the landowner's request within the time limits referred to in Subsection B, a denial of the request is deemed to have occurred on the 46th day after the close of the last hearing.
D.
Public notice of the hearing shall include notice that the validity
of the ordinance or map is in question and shall give the place where
and the times when a copy of the request, including any plans, explanatory
material or proposed amendments, may be examined by the public.
E.
The challenge shall be deemed denied when:
(1)
The governing body fails to commence the hearing within 60 days;
(2)
The governing body notifies the landowner that it will not adopt
the curative amendment;
(3)
The governing body adopts another curative amendment which is
unacceptable to the landowner; or
(4)
The governing body fails to act on the request 45 days after
the close of the last hearing on the request, unless the time is extended
by mutual consent by the landowner and municipality.
F.
Where, after the effective date of the Act,[3] a curative amendment proposal is approved by the grant of a curative amendment application by the governing body pursuant to this section or a validity challenge is sustained by the Zoning Hearing Board pursuant to § 150-298, or the court acts finally on appeal from denial of a curative amendment proposal or a validity challenge, and the proposal or challenge so approved requires a further application for subdivision or land development, the developer shall have two years from the date of such approval to file an application for preliminary or tentative approval for a subdivision, land development or planned residential development. Within the two-year period, no subsequent change or amendment in the zoning, subdivision or other governing ordinance or plan shall be applied in any manner which adversely affects the rights of the applicant as granted in the curative amendment or the sustained validity challenge. Upon the filing of the preliminary or tentative plan, the provisions of Section 508(4) of the Act[4] shall apply.
G.
Where the proposal appended to the curative amendment application
or the validity challenge is approved but does not require further
application under any Subdivision and Land Development Ordinance,[5] the developer shall have one year within which to file
for a building permit. Within the one-year period, no subsequent change
or amendment in the zoning, subdivision or other governing ordinance
or plan shall be applied in any manner which adversely affects the
rights of the applicant as granted in the curative amendment or the
sustained validity challenge. During these protected periods, the
court shall retain or assume jurisdiction for the purpose of awarding
such supplemental relief as may be necessary.
A.
The Board of Supervisors, by formal action, may declare this chapter
or portions thereof 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:
B.
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 pursuant to the provisions
required by Section 609 of the Act[1] in order to cure the declared invalidity of the ordinance.
[1]
Editor's Note: See 53 P.S. § 10609.
C.
Upon the date of the declaration and proposal, the Board of Supervisors shall not be required to entertain or consider any curative amendment filed by a landowner, nor shall the Zoning Hearing Board be required to give a report, upon request, for a challenge to the validity of the ordinance under § 150-298 subsequent to the declaration and proposal, based upon the grounds identical to or substantially similar to those specified in the resolution required by this section. Upon the enactment of a curative amendment to or the reaffirmation of the validity of this chapter, no rights to a cure by amendment or challenge shall, from the date of the declaration and proposal, accrue to any landowner on the basis of the substantive invalidity of the unamended Zoning Ordinance for which the Board of Supervisors propose to prepare a curative amendment.
D.
The Board of Supervisors, having utilized the procedures as set forth
in this section, may not again utilize said procedures for a thirty-six-month
period following the date of the enactment of a curative amendment
or reaffirmation of the validity of the ordinance; provided, however,
that if, after the date of declaration and proposal, there is a substantially
new duty or obligation imposed upon the Township by virtue of a Pennsylvania
Appellate Court decision, the Board of Supervisors may utilize the
provisions of this section to prepare a curative amendment to the
ordinance to fulfill this duty or obligation.
Whenever there has been a change in the boundary of a zone or
a reclassification of a zone adopted in accordance with the above,
the change on the Official Zoning Map[1] shall be made and shall be duly certified by the Township
Secretary and shall thereafter be refiled as part of the permanent
records of the Township.
[1]
Editor's Note: The Zoning Map is on file and available for
inspection in the office of the Township Secretary.
