The Board of Supervisors of Upper Hanover Township
may, from time to time, amend, supplement, change, modify or repeal
this chapter, including the Zoning Map, by proceeding in the following
manner and as otherwise required by law.
Every application for amendment of the Zoning
Ordinance shall first be presented for review by the Board of Supervisors
and shall contain the following:
A.
The name, address, and interest of each person represented
by the application, and the name and address of the applicants' representative.
B.
A plan or map showing the extent of the area to be
rezoned and the districts to be affected; streets bounding and intersecting
the area; land use and zoning classification of abutting districts;
and photographs of the area to be rezoned and abutting areas.
C.
A statement of the circumstances in the proposed district
and the abutting districts and any other factors on which the applicant
relies as reasons for supporting the proposed rezoning.
D.
The approximate time schedule for the beginning and
completion of development in the area.
E.
A site plan to scale indicating the location of structures,
uses, areas for off-street parking and loading.
F.
Information about the market area to be served by
the proposed development, if a commercial use, including population,
effective demand for proposed business facilities, and any other information
describing the relationship of the proposed development to the needs
of the market area.
G.
An analysis with sufficient information regarding the impact on traffic, water supply, sewage disposal, environmental issues, and any other issues relevant to the proposal. This analysis would include, but is not limited to, an environmental assessment statement, in compliance with § 500-820; compliance with the performance standards of § 500-817; and submission of a traffic impact study in compliance with § 500-825 herein.
H.
All reviews required by the Pennsylvania Departments
of Transportation and Environmental Protection.
I.
Any other information that may be required by the
Zoning Officer, Planning Commission, or Board of Supervisors.
J.
Fee as established by resolution of the Board of Supervisors.
Upon receipt of a complete application and appropriate
fee, the Board of Supervisors shall review and consider the application
as follows:
A.
The application shall be referred to the Planning
Commission when not prepared by it, and a period of not less than
30 days shall be available for its review and comment prior to any
public hearing.
B.
The application shall be referred to the Montgomery
County Planning Commission, and a period of not less than 30 days
shall be available for its review and comment prior to any public
hearing.
C.
The application shall be referred to adjoining municipalities
that the required community analysis would deem to be affected, and
a period of not less than 45 days shall be available for their review
and comment prior to any public hearing.
D.
The application shall be referred to the Upper Perkiomen
Valley Regional Planning Commission, and a period of not less than
45 days shall be available for its review and comment prior to any
public hearing.
[Added 4-14-2009 by Ord. No. 2009-01]
E.
The application shall be referred to any other Township
authorities or advisory committees that may be affected, and a period
of not less than 30 days shall be available for their review and comment
prior to any public hearing.
A.
Notice of hearing. Notice of the hearing shall be
published once a week for two successive weeks in a newspaper of general
circulation in the Township. Such notice shall state the time and
place of the hearing and particular nature of the matter to be considered
at the hearing. The first publication shall not be more than 30 days
and the second publication shall not be less than seven days from
the date of the hearing. The notice shall include reference to the
time and place of the hearing as well as the place in the Township
where copies of the amendment may be examined without charge or obtained
for the cost of reproduction.
B.
Publication of text. The full text of the proposed
amendment or a reasonably detailed summary prepared by the Township
Solicitor shall be published once in a newspaper of general circulation
in the Township no less that seven days and no more than 60 days before
a vote of enactment. If the full text is not published:
C.
Mailed notice shall be mailed to every person or group
who shall have registered with the Township their names and address
for this purpose. At least 30 days prior to the hearing date, mailed
notice shall be mailed by first class mail to the addresses to which
real estate tax bills are sent for each property located within the
area being rezoned.
[Amended 8-13-2002 by Ord. No. 02-14]
D.
Perimeter posting. If the proposed amendment involves
a Zoning Map change, notice of said public hearing shall be conspicuously
posted along the perimeter of the affected tract by the Township at
least one week prior to the public hearing, at points deemed by the
Township to be sufficient to notify potentially interested citizens.
E.
Change to amendment. If after any public hearing the
proposed amendment is changed substantially or is revised to include
land not previously affected, the Board of Supervisors shall hold
another public hearing, pursuant to public notice, not less than 10
days before proceeding to a vote on the amendment.
F.
Notice of change to amendment. When a public hearing is required in accordance with Subsection E above, at least 10 days before voting to enact the Board of Supervisors shall publish in a newspaper of general circulation in the Township a brief summary setting forth in reasonable detail the provision of the amendment along with a summary of the changed portions of the amendment.
Curative amendments allow landowners and the Township to take legal action to correct invalid portions of the Township's Zoning Ordinance and/or Map. Landowner curative amendments are governed by § 500-505A herein, and municipal curative amendments are governed by § 500-505B herein. An alternative method of challenge for landowners or persons aggrieved by a use or development permitted on the land of another is governed by § 500-612C herein.
A.
Landowner curative amendments. A landowner who desires
to challenge on substantive grounds the validity of a map or ordinance
provision 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 for a hearing and decision
on the challenge and proposed amendment. The hearing shall commence
within 60 days of the landowner's request unless the landowner requests
or consents to an extension of time.
(1)
In addition to the written request, the application
to the Board of Supervisors shall contain the plans and explanatory
materials describing the use or development proposed by the landowner
in lieu of the use or development permitted by the challenged ordinance
or map.
(a)
Such plans or other materials shall not be required
to meet the standards prescribed for preliminary, tentative or final
approval or for issuance of a permit, so long as they provide reasonable
notice of the proposed use or development and a sufficient basis for
evaluating the challenged ordinance or map in light thereof.
(b)
Nothing herein contained shall preclude the
landowner from first seeking a final approval before submitting his
challenge.
(2)
The request shall also be accompanied by an amendment
or amendments to the ordinance proposed by the landowner to cure the
alleged defects therein.
(3)
The Township's Solicitor shall represent the Board
of Supervisors and advise it at the hearing(s). In addition, the Board
of Supervisors may retain an independent attorney to present the defense
of the challenged ordinance or map on its behalf and to present witnesses
on its behalf.
(4)
Public notice of the hearing shall include notice
that the validity of the ordinance or map is in question and shall
specify the place and time where a copy of the request and its accompanying
materials may be examined by the public.
(5)
Based upon the testimony presented at the hearing(s),
the Board of Supervisors shall determine whether the challenged ordinance
or map is defective, as alleged by the landowner. If the challenge
is found to have merit, the Board of Supervisors may accept the landowner's
curative amendment with or without revision or may adopt an alternative
amendment which will cure the challenged defects.
(6)
In reaching its decision, the Board of Supervisors
shall consider the 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 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 the ordinance or map;
(c)
The suitability of the site for the intensity
of use proposed by the site's soils, slopes, woodland, wetlands, floodplains,
aquifers, natural resources and other natural features;
(d)
The impact of the proposed use on the site's
soils, slopes, woodland, wetlands, floodplains, aquifers, 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; and
(e)
The impact of the proposal on the preservation
of agriculture and other land uses which are essential to public health
and welfare.
(7)
The Board of Supervisors shall render its decision
within 45 days after the conclusion of the last hearing.
(8)
The challenge shall be deemed denied when:
(a)
The Board of Supervisors fails to commence the
hearing within the required time limits;
(b)
The Board of Supervisors notifies the landowner
that it will not adopt the curative amendment;
(c)
The Board of Supervisors adopts another curative
amendment which is unacceptable to the landowner; or
(d)
The Board of Supervisors fails to act on the
request 45 days after the close of the last hearing on the request,
unless the time is extended by mutual consent of the landowner and
municipality. If the Board of Supervisors fails to act on the request
within 45 days of the last hearing, a denial of the request is deemed
to have occurred on the 46th day after the close of the last hearing.
(9)
Where a curative amendment proposal is approved by
the grant of a curative amendment application by the Board of Supervisors
or the court acts finally on appeal from denial of a curative amendment
proposal, and the proposal so approved requires further application
for subdivision or land development, the developer shall have two
years from the date of such approval to file an application for preliminary
plan approval under the normal plan approval process. Within the two-year
period, no subsequent change or amendment in the zoning, subdivision
or other governing ordinance or plan shall be applied in any manner
which adversely affects the rights of the applicant as granted in
the curative amendment.
(10)
Where the proposal appended to the curative
amendment application is approved but does not require further application
under any subdivision or land development ordinance, the developer
shall have one year within which to file for a building permit. Within
the one-year period, no subsequent change or amendment in the zoning,
subdivision or other governing ordinance or plan shall be applied
in any manner which adversely affects the rights of the applicant
as granted in the curative amendment.
(11)
During the one- or two-year protected periods,
the court shall retain or assume jurisdiction for the purpose of awarding
such supplemental relief as may be necessary.
(12)
A landowner who has challenged on substantive
grounds the validity of a zoning ordinance or map change by submission
of a curative amendment under this section may not submit an additional
substantive challenge involving the same parcel, group of parcels
or part thereof until the status of that landowner's original challenge
has been finally determined or until it is withdrawn.
[Added 8-13-2002 by Ord. No. 02-14]
B.
Municipal curative amendment. The following regulations
apply if the Board of Supervisors determines that the Township's Zoning
Ordinance or any portion thereof is substantially invalid;
(1)
The Board of Supervisors shall declare by formal action
its Zoning Ordinance or portions thereof substantively invalid and
propose to prepare a curative amendment to overcome such invalidity.
Within 30 days following such declaration and proposal, the Board
of Supervisors shall:
(3)
Upon initiation of the procedures in § 500-505B herein, the Board of Supervisors shall not be required to entertain or consider any landowner's curative amendment filed under § 500-505A herein subsequent to the declaration and proposal based upon the grounds identical to or substantially similar to those specified in the resolution required by § 500-505B(1)(a) herein.
(4)
Upon completion of the procedures in § 500-505B herein, no rights to a cure shall accrue to any landowner on the basis of the substantive invalidity of the unamended zoning ordinance for which a curative amendment has been enacted from the date of the declaration and proposal.
(5)
The Board of Supervisors may not utilize the municipal
curative amendment procedure for a thirty-six-month period following
the date of enactment of a curative amendment or reaffirmation of
the validity of its Zoning Ordinance. However, if after the date of
declaration and proposal there is a substantially new duty or obligation
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 municipal curative amendment to fulfill said duty or obligation.
