The regulations, restrictions and zoning district boundaries set forth in this chapter may from time to time be amended, supplemented, changed or repealed, provided that no such action may be taken until after a public hearing upon such proposal.
An amendment, supplement, change or repeal of this chapter may be initiated by:
A. 
A resolution or request by the Township Council; by an official proposal by the Planning Commission; or by a petition presented to the Township by a landowner, as defined herein.
B. 
Landowner petition requirements.
(1) 
In the case of a petition to change a zoning district boundary, such petition shall be signed by the property owner proposing the amendment. The petition shall contain the legal description of the area proposed to be rezoned.
(2) 
In the case of a petition to change the text of this chapter, such petition shall bear the names of at least 10 property owners in the Township, not more than one such representing any one property. The proposed text change shall be specifically stated in the petition.
(3) 
Petitions shall attest that the requirements of this subsection have been met.
(4) 
If a landowner petition for amendment, supplement, change or repeal of this chapter is denied or action thereon is declined by the Township Council, another petition for the same or similar change shall not be filed within a period of one year from the date of denial, or within one year of the Planning Commission's recommendations thereon in the event that Township Council took no action thereon, except upon the initiation of the Township Council or with the recommendation of, or upon the initiation of, the Planning Commission based upon a change in circumstances which would warrant a rehearing.
A. 
Procedure for referral, review, and recommendations by the Planning Commission and Environmental Advisory Council of landowner petitions, Township Council requests, and Planning Commission proposals for proposed zoning amendments.
(1) 
Upon receipt of a landowner petition proposing an amendment to this chapter or its map, Township Council may, in its discretion, refer the petition to the Planning Commission, and to the Environmental Advisory Council if it deems appropriate, for review and recommendations. In addition, Township Council may on its own initiative, by motion or resolution, refer any request to review proposed zoning ordinance amendments to the Planning Commission, and to the Environmental Advisory Council if it deems appropriate, for review and recommendation.
(2) 
In the event of a referral of a landowner petition or Township Council request for review of a proposed amendment to this chapter or its map to the Planning Commission, and to the Environmental Advisory Council, if deemed appropriate, the Planning Commission, and Environmental Advisory Council, if so requested, shall review the proposed zoning amendment(s) and shall submit to the Township Council their recommendations, with specific reasons in support of either adopting or rejecting the proposal, not less than 30 days after referral of the petition or request, or within such greater time as otherwise directed by Township Council.
(3) 
In the event of a referral of a landowner petition or Township Council request for review of a proposed amendment to this chapter or its map, the Planning Commission, and Environmental Advisory Council if so requested, may hold such public meetings as they deem necessary to review the petition and formulate recommendations regarding the proposed amendment(s).
(4) 
Official proposals for amendments to this chapter or its maps submitted to Township Council by the Planning Commission shall set forth the specific reasons in support of adopting the proposed amendment(s), including a specific statement as to whether or not the proposed action is in accordance with the objectives of the formally adopted comprehensive plan. Such official Planning Commission Proposal submitted to Township Council shall constitute the Planning Commission's recommendations in support of such amendment(s).
B. 
Procedure for Township Council review and consideration of proposed zoning amendments:
(1) 
Upon receipt of an official proposal from the Planning Commission, or of the Planning Commission's recommendations regarding a landowner petition or Township Council request, Township Council may take such further action thereon, if any, as it determines in its sole discretion to be in the best interest of the Township. Provided, however, that Township Council shall not take any action to enact any amendment to this chapter or its map except after a public hearing held in accordance with the applicable provisions of the Municipalities Planning Code (MPC, Article VI),[1] as follows:
(a) 
Before voting on the enactment of an amendment, the Township Council shall hold a public hearing thereon, pursuant to public notice. In addition, if the proposed amendment involves a Zoning Map change, notice of said public hearing shall be conspicuously posted by the municipality at points deemed sufficient by the municipality along 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 addition to the requirement that notice be posted under Subsection B(1)(a) hereof, where the proposed amendment involves a Zoning Map change, notice of the public hearing shall be mailed by the municipality 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 real property located within the area being rezoned, as evidenced by tax records within the possession of the municipality. The 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. This subsection shall not apply when the rezoning constitutes a comprehensive rezoning.
[1]
Editor's Note: See 53 P.S. § 10601 et seq.
(2) 
In the case of an amendment other than that prepared by the Planning Commission, Township Council 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, which recommendations shall include a specific statement as to whether or not the proposed action is in accordance with the objectives of the formally adopted comprehensive plan. Provided, however, that nothing contained in this Article XIX shall prevent the Township Council from taking action on the proposed amendment following the public hearing in the event that the Planning Commission fails to submit its recommendations to Township Council within 45 days of referral.
(3) 
At least 30 days prior to the public hearing, Township Council shall also submit the proposed amendment to the County Planning Agency for its comments and recommendations, provided that nothing contained in this Article XIX shall prevent the Township Council from taking action on the proposed amendment following the public hearing in the event that the County Planning Agency fails to submit its recommendations to Township Council within 45 days of referral.
(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 Township Council shall hold another public hearing, pursuant to public notice, before proceeding to vote on the amendment. In such event, Township Council shall also resubmit the substantially changed amendments to the Planning Commission and to the County Planning Agency in accordance with the above Subsection B(2) and (3) hereof.
(5) 
Proposed Zoning Ordinance amendments shall not be enacted unless notice of Township Council's intention to take action on the proposed enactment is given in the manner set forth in Section 610 of the Municipalities Planning Code.[2] (To the extent otherwise in accordance with MPC Section 610, said notice of Township Council's intention to take action on the proposed amendments may be included in the same public notice provided in advance of the public hearing.)
[2]
Editor's Note: See 53 P.S. § 1(1610).
C. 
Within 30 days after enactment, a copy of the amendment to the Zoning Ordinance shall be forwarded to the County Planning Agency or its designee.
Any landowner who desires to challenge on substantive grounds the validity of the Zoning Ordinance or 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 Township Council with a written request that his challenge and proposed amendment be heard and decided as provided in Section 609.1 of the Municipalities Planning Code,[1] which challenge shall be considered by the Township Council and a decision rendered thereon in accordance with the requirements and procedures as set forth in Section 609.1 of the Municipalities Planning Code, as may be amended from time to time.
[1]
Editor's Note: See 53 P.S. § 10609.1.
If the Township Council determines that its Zoning Ordinance or any portion thereof is substantially invalid, it shall take the such actions and follow such procedures to cure such invalidity in accordance with the requirements and procedures as set forth in Section 609.2 of the Municipalities Planning Code,[1] as may be amended from time to time.
[1]
Editor's Note: See 53 P.S. § 10609.2.