The Board of Supervisors may from time to time,
after public notice and hearing as hereinafter prescribed, amend,
supplement, change or repeal this chapter, including the Zoning Map. Any amendment, supplement, change or repeal may be initiated
by the Township Planning Commission, the Board of Supervisors or by
a petition to the Board of Supervisors. Such amendment, supplement,
change or repeal shall be submitted to the Township and the County
Planning Commissions for their recommendations.
When an amendment, supplement, change or repeal
is initiated by the Township Planning Commission, the proposal shall
be presented to the Board of Supervisors, which shall then proceed
in the same manner as with a petition to the Board of Supervisors
which has already been reviewed by the Township Planning Commission.
When an amendment, supplement, change or repeal
is initiated by the Board of Supervisors, it shall submit the proposal
to the Township and County Planning Commissions for review and recommendations.
The petition for amendment, supplement, change
or repeal shall contain as fully as possible all the information requested
by the application form approved by the Board of Supervisors, shall
include an accurate legal description and surveyed plan of any land
to be rezoned and shall be signed by at least one record owner of
the property in question whose signature shall be notarized attesting
to the truth and correctness of all the facts and information presented
in the petition. A fee, to be established by the Board of Supervisors, shall be paid upon the filing of such petition for change
and for the purpose of defraying the costs of the proceedings prescribed
herein. The petitioner shall also pay any fee required by the Lancaster
County Planning Commission for the review of the proposed amendment,
supplement, change or repeal.
After receipt of the petition by the Board of
Supervisors, said petition shall be presented to the Township and
County Planning Commissions for their review and recommendations at
least 30 days prior to the public hearing. A report of the Township
Planning Commission's review, together with any recommendations, shall
be given to the Board of Supervisors in writing within 30 days from
the date of said referral. The recommendation of the Township Planning
Commission shall include a specific statement as to whether or not
the proposed action is in accordance with the intent of any formally
adopted Township Comprehensive Plan. The recommendation of the Lancaster
County Planning Commission shall be made to the Board of Supervisors
within 45 days, and the proposed action shall not be taken until such
recommendation is made. If, however, the Lancaster County Planning
Commission fails to act within 45 days, the Board of Supervisors may
proceed without its recommendation.
The Board of Supervisors shall fix a time and
place for a public hearing at which parties of interest and citizens
shall have an opportunity to be heard. Notice of such public hearing
shall be given in accordance with the requirements of the Municipalities
Planning Code.
At the time and place specified, the Board of
Supervisors shall conduct a hearing on said petition to amend, supplement,
change or repeal this Zoning Chapter or Zoning Map of the Township
and shall thereafter either reject the proposed change or adopt an
ordinance implementing the proposed change. The Board of Supervisors
may adjourn said hearing in its discretion to a time and place certain.
Whenever there has been a change in the boundary
of a zoning district or a reclassification of the zoning district
adopted in accordance with the above, the change on the Official Map
shall be made and shall be duly certified by the Township Secretary
and shall thereafter be refiled as part of the permanent records of
the Township.
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 the Municipalities
Planning Code. The Board of Supervisors shall commence a hearing thereon
within 60 days of the request, unless such time period shall be extended
by the petitioner. The curative amendment shall be referred to the
Township and the Lancaster County Planning Commissions, and public
notice of the hearing shall be provided in accordance with the requirements
of the Municipalities Planning Code. The hearing shall be conducted
in accordance with the requirements for such hearings set forth in
the Municipalities Planning Code.