[Ord. 168, 7/10/1978, § 901; as amended by Ord. 260, 3/11/1996, § 27-901]
1.
The Board of Commissioners 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 § 607 of the Pennsylvania Municipalities
Planning Code, 53 P.S. § 10607, is hereby declared optional.
2.
Before voting on the enactment of an amendment, the
Board of Commissioners 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 Township at points deemed sufficient by the Township
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.
3.
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 opportunity to submit recommendations.
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 Board of Commissioners
shall hold another public hearing, pursuant to public notice, before
proceeding to vote on the amendment.
5.
At least 30 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.
6.
Within 30 days after enactment, a copy of the amendment
to this chapter shall be forwarded to the County planning agency.
[Ord. 168, 7/10/1978, § 903; as amended by Ord. 260, 3/11/1996, § 27-902]
1.
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 Commissioners with a written request that his challenge and
proposed amendment be heard and decided as provided in § 916.1
of the Pennsylvania Municipalities Planning Code (hereinafter "MPC"),
53 P.S. § 10916.1. The curative amendment and challenge
shall be referred to the Planning Commission and the county planning
agency as provided in § 609 and notice of the hearing thereon
shall be given as provided in §§ 610 and 916.1 of the
MPC, 53 P.S. §§ 10609, 10610, and 10916.1.
2.
The hearing shall be conducted in accordance with
§ 908 of the MPC, 53 P.S. § 10908, and all references
therein to the Zoning Hearing Board shall, for purposes of this section
be references to the Board of Commissioners. 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.
3.
The Board of Commissioners, 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 Commissioners
shall consider the curative amendments, plans and explanatory material
submitted by the landowner and shall also consider:
A.
The impact of the proposal upon roads, sewer facilities,
water supplies, schools and other public service facilities.
B.
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.
C.
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.
D.
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.
E.
The impact of the proposal on the preservation of
agriculture and other land uses which are essential to public health
and welfare.
[Ord. 168, 7/10/1978, § 906; as amended by Ord. 260, 3/11/1996, § 27-903]
1.
If the Township determines that this chapter, or any
portion hereof, is substantially invalid, it shall take the following
actions:
A.
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 such
declaration and proposal the Board of Commissioners shall:
2.
Within 180 days from the date of the declaration and
proposal, the Township shall enact a curative amendment to validate,
or reaffirm the validity of, this chapter pursuant to the provisions
of § 609 of the Pennsylvania Municipalities Planning Code
(hereinafter "MPC"), 53 P.S. § 10609, in order to cure the
declared invalidity of this chapter.
3.
Upon the initiation of the procedures as set forth
in Subsection 1, the Board of Commissioners shall not be required
to entertain or consider any landowner's curative amendment filed
under § 609.1 of the MPC, 53 P.S. § 10609.1, nor shall the
Zoning Hearing Board be required to give a report requested under
§§ 909.1 or 916.1 of the MPC, 53 P.S. §§ 10909.1,
10916.1, subsequent to the declaration and proposal based upon the
grounds identical or substantially similar to those specified by the
resolution required by Subsection 1A. Upon completion of the procedures
set forth in Subsections 1 and 2, no rights to a cure pursuant to
the provisions of §§ 609.1 and 916.1 of the MPC, 53
P.S. §§ 10609.1, 10916.1, shall, from the date of the
declaration and proposal, accrue to any landowner on the basis of
the substantive invalidity of this chapter for which there has been
a curative amendment pursuant to this section.
4.
The Township, having utilized the procedures set forth
in this section, may not again utilize said procedure for a period
of 36 months following the date of enactment of a curative amendment,
or reaffirmation of the validity of this chapter; provided, however,
if after the date of declaration and proposal there is a substantially
new duty imposed upon the Township by virtue of a change in statute
or by virtue of a Pennsylvania Appellate Court decision, the Township
may utilize the provisions of this section to propose a curative amendment
to this chapter to fulfill said duty or obligation.
