Whenever the public necessity, convenience or general welfare
indicates, the Board of Commissioners may, by ordinance in accordance
with the Municipalities Planning Code[1] and the applicable laws of the Commonwealth of Pennsylvania,
amend, supplement or change this chapter or the regulations, restrictions,
boundaries or classifications of buildings, structures and land, as
the same are established by this chapter or may hereafter be made
a part hereof. The rezoning of any district or portion of any district
can be accomplished only by amendment to this chapter and the Zoning
Map.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
Applications and petitions by interested parties or entities
for any changes or amendments to an existing zoning district in the
Township of Shaler or for a change in the Zoning Map or for a curative
amendment shall be made to the Manager of the Township of Shaler and
shall be accompanied with a fee as set by the Board of Commissioners
and revised from time to time and with a guaranty that the applicant
shall reimburse the Township for all reasonable expenditures associated
with the application. This fee is for the purpose of defraying the
costs of preparing the necessary data, ordinance and notices and is
not refundable, except to the extent hereinafter set forth, even though
the application is disapproved by the Board of Commissioners. Any
portion of said fee which is in excess of the actual direct and indirect
costs incurred by the Township of Shaler in processing said applications
and petitions shall be refundable to the applicant or petitioner.
In the case where a curative amendment or challenge is successfully
upheld by a court, the entire fee shall be refunded to the applicant.
The Board of Commissioners may, from time to time by resolution, either
increase or decrease said fee.
A.
Before voting on the enactment of an amendment, the Board of Commissioners
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 within the Township who
has made a timely request in accordance with Section 109 of the MPC.
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 Board of Commissioners
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.
B.
In the case of an amendment other than that prepared by the Planning
Commission, the Board of Commissioners shall submit each such amendment
to the Planning Commission at least 30 days prior to the hearing on
such proposed amendment to provide the Planning Commission an opportunity
to submit recommendations.
C.
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 Commissioners shall hold another
public hearing, pursuant to public notice, mailed notice and electronic
notice, before proceeding to vote on the amendment.
D.
At least 45 days prior to the public hearing on the amendment by
the Board of Commissioners, the Township shall submit the proposed
amendment to the County Planning Agency for recommendations.
E.
The Township may offer a mediation option as an aid in completing proceedings authorized by this section. In exercising such an option, the Township and mediating parties shall meet the stipulations and follow the procedures set forth in Article IX of the Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10901 et seq.
F.
Within 30 days after enactment, a copy of the amendment to this chapter
shall be forwarded to the county planning agency.
The procedure for landowner curative amendments or municipal
curative amendments shall be as provided in the Municipalities Planning
Code.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
A.
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 Commissioners shall publish the proposed ordinance
or amendment once in one newspaper of general circulation in the municipality
not 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 Municipal
Solicitor and setting forth all the provisions in reasonable detail.
If the full text is not included:
(1)
A copy thereof shall be supplied to a newspaper of general circulation
in the Township at the time the public notice is published.
(2)
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 ordinances.
B.
In the event that substantial amendments are made in the proposed
ordinance or amendment, before voting upon enactment the Board of
Commissioners shall, at least 10 days prior to enactment, readvertise
in one newspaper of general circulation in the Township a brief summary
setting forth all the provisions in reasonable detail, together with
a summary of the amendments.
C.
Zoning ordinances and amendments may be incorporated into official
ordinance books by reference with the same force and effect as if
duly recorded therein.
