[Ord. 430, 7/16/2008; as amended by Ord. 438, 8/19/2009]
A.
The Board of Supervisors may, from time to time, amend, supplement,
or repeal any of the regulations and provisions of this chapter. The
procedure for the preparation of a proposed zoning ordinance as set
forth in Section 607 of the Pennsylvania Municipalities Planning Code,
53 P.S. § 10607, is hereby declared optional.
B.
Before voting on the enactment of an amendment, the governing body shall hold a public hearing thereon, pursuant to public notice, and pursuant to mailed notice and electronic notice to an owner of a tract or parcel of land located within the Township or an owner of the mineral rights in a tract or parcel of land located within the Township who has made timely request in accordance with Section 109 of the Municipalities Planning Code and § 27-1301E of the Richland Township Code of Ordinances. In addition, if the proposed amendment involves a 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 and/or inclusive of those areas included within the amendments of Act 2 of 2002 to MPC Section 609(b)(2), as applicable. The affected tract or area shall be posted at least one week prior to the date of the hearing.
[Amended at time of adoption of Code (see Ch. AO)]
C.
In the case of an amendment other than that prepared by the Planning
Commission, the Board of Supervisors shall submit each such amendment
to the Planning Commission to provide the Planning Commission an opportunity
to submit recommendations on such proposed amendment. Within 45 days,
recommendations of the Planning Commission shall be included in a
statement as to whether or not the proposed action is in accordance
with the objectives of the Township's Comprehensive Plan.
D.
If, after any public hearing is held upon an amendment, the proposed
amendment is changed substantially, or as revised, to include land
previously not affected by it, the governing body shall hold another
public hearing, pursuant to public notice, mailed notice and electronic
notice, before proceeding to vote on the amendment.
[Amended at time of adoption of Code (see Ch. AO)]
E.
Prior to the public hearing on the amendment by the Board of Supervisors, the Township shall submit the proposed amendment to the county planning agency for comment in accordance with Section 304 of the Pennsylvania Municipalities Code.
F.
A copy of the amendment to this chapter shall be forwarded to the
county planning agency.
G.
Provisions of the Pennsylvania Municipalities Planning Code Section
610, Publication, Advertisement and Availability of Ordinances, shall
be followed as applicable.
[Ord. 430, 7/16/2008; as amended by Ord. 438, 8/19/2009]
A.
A landowner who desires to challenge on substantive grounds the validity
of this chapter or the Zoning 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 Section 916.1 of the Pennsylvania Municipalities
Planning Code (hereinafter "MPC"), 53 P.S. § 10916.1. The
governing body shall commence a hearing thereon within 60 days of
the request as provided in Section 916.1. The curative amendment and
challenge shall be referred to the Planning Commission and the county
planning agency as provided in Section 609, and notice of the hearing
thereon shall be given as provided in Sections 610 and 916.1 of the
MPC, 53 P.S. §§ 10609, 10610, and 10916.1.
[Amended at time of adoption of Code (see Ch. AO)]
B.
The hearing shall be conducted in accordance with Section 908 and
all references therein to the zoning hearing board shall, for purposes
of this section be references to the governing body: provided, however,
that the provisions of Section 908 (1.2) and (9) shall not apply and
the provisions of Section 916.1 shall control. If the Township does
not accept a landowner's curative amendment brought in accordance
with this subsection 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 Zoning Map but only for
those provisions which specifically relate to the landowner's curative
amendment and challenge.
[Amended at time of adoption of Code (see Ch. AO)]
C.
The Board of Supervisors, if it determines that a validity challenge
has merit, may accept a landowner's curative amendment, with or without
revision, or may adopt an alternative amendment which will cure the
challenged defects. The Board of Supervisors 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, school 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 this chapter or Zoning Map.
(3)
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.
(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.
[Ord. 430, 7/16/2008; as amended by Ord. 438, 8/19/2009]
A.
If the Township determines that this chapter, or any portion hereof,
is substantially invalid, it shall take the following actions:
(1)
The Township shall declare by formal action this chapter or
portions hereof substantially invalid and propose to prepare a curative
amendment to overcome such invalidity. Within 30 days of such declaration
and proposal, the Board of Supervisors shall:
