The Board of Supervisors may introduce and/or consider amendments
to this chapter and to the Zoning Map as proposed by a member of the
Board of Supervisors, the Planning Commission, or by a petition of
a person or persons residing or owning property within the Township.
Petitions for amendments shall be filed with the Zoning Officer;
and the petitioners, upon such filing, shall pay an advertising deposit
and a filing fee, in accordance with a fee schedule fixed by the Board
of Supervisors' resolution.
Any proposed amendment presented to the Board of Supervisors
without written findings and recommendations from the Township of
Potter Planning Commission and the Beaver County Planning Commission
shall be referred to those agencies for their review and recommendations
prior to the public hearing by the Board of Supervisors. The Board
of Supervisors shall not hold a public hearing upon such amendments
until required reviews and recommendations are received or the expiration
of 30 days from the date that such proposed amendments were submitted
to the Township of Potter and the Beaver County Planning Commission.
(See also Section 304 of the MPC.[1])
[1]
Editor's Note: See 53 P.S. § 10304.
A.
Before acting upon a proposed amendment, the Board of Supervisors
shall, as required by law, hold a public hearing thereon. Public notice
of such hearing is required and shall contain a brief summary of the
proposed amendment and reference to the place where copies of the
same be examined, and shall be published in accordance with the provisions
of the MPC. If the proposed amendment involves a change to the Zoning
Map, notice of the public hearing shall be posted at the affected
tract in accordance with Section 609 of the MPC[1] at least one week prior to the date of the hearing.
[1]
Editor's Note: See 53 P.S. § 10609.
B.
In addition to the requirements that notice be posted where the proposed
amendment involves a Zoning Map change, notice of the public hearing
shall be mailed by the Township, at least 30 days prior to the date
of the hearing, by first-class mail to the addresses to which real
estate tax bills are sent for all property located within the area
being rezoned, as evidenced by tax records within the possession of
the Township. Notice shall include the location, date, and time of
the public hearing. A good-faith effort and substantial compliance
shall satisfy the requirements of this subsection.
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 of the MPC
(Act 247), as amended.[1] The Board of Supervisors shall commence a hearing thereon
within 60 days. As with other proposed amendments, the curative amendment
shall be referred to the Township of Potter Planning Commission and
the Beaver County Planning Commission at least 30 days before the
hearing is conducted by the Board of Supervisors. Public notice shall
be given in accordance with applicable provisions of the MPC. The
hearings shall be conducted in accordance with instructions as set
forth by Section 916.[2] The findings, actions, and considerations of the Board
of Supervisors shall be in accordance with Section 609.1 of the MPC.[3]
In accordance with the provisions of Act 39 of 2008 and Section
108 of the Pennsylvania Municipalities Planning Code,[1] the Township of Potter may publish a notice of municipal
action. This notice may include amendments to this chapter or certain
decisions that have been entered under this chapter. Typically, these
decisions would be the approval of conditional uses or special exceptions.
Such notices shall include, among other items, any amendments to this
chapter or the Zoning Map, decisions concerning conditional uses or
special exceptions or any other decision as defined by Sections 107
and 108 of the Pennsylvania Municipalities Planning Code.[2] Such notices are intended to set limits on the time for
certain challenges.
B.
Content of a notice of a decision entered under this chapter. Said
notice may contain:
(1)
The name of the applicant or owner of the subject property.
(2)
Street address, location of the property.
(3)
The type of decision and the file or docket number of the decision.
(4)
A brief description of the nature of the decision.
(5)
The date of the decision.
(6)
Address and business hours of the Township Building where the
decision can be read by the public.
C.
Statement of purpose. Notices provided under this section may contain
the following statement: "The publication of this announcement is
intended to provide notification of the adoption of an ordinance or
entering a decision and that any person claiming a right to challenge
the validity of the procedures or the process of adoption or enactment
of the ordinance or decision must bring a legal action within 30 days
of the publication of the second notice on this matter."
D.
Notice. This notice shall be published in a newspaper of general
publication once each week for two successive weeks. The dates of
publication shall be included in the notice.
E.
Proof of publication. The Township shall obtain and keep in its records
a proof of publication of the notice.
