[Amended 12-13-1991 by Ord. No. HR-189; 10-19-1998 by Ord. No. HR-278; 5-1-2006 by Ord. No. HR-252]
The Board of Supervisors may, from time to time, supplement, change, modify or repeal this chapter, including the Zoning Map, by amending the chapter in accordance with the provisions of Article VI of the Pennsylvania Municipalities Planning Code and this article.
In conjunction with an application to amend the zoning classification of a property, a sketch plan must be submitted pursuant to § 181-35 of the Township Subdivision and Land Development Ordinance.
The Board of Supervisors shall submit each proposed zoning amendment, other than one prepared by the Township Planning Commission, to the Planning Commission at least 30 days prior to any hearing which is to be held on the proposed amendment to provide the Planning Commission with an opportunity to submit its recommendations prior to final action. In reviewing a proposed zoning amendment, the Planning Commission shall consider whether or not such proposed change or amendment would be, in the view of the Commission, consistent with and desirable in furtherance of the Comprehensive Plan upon which this chapter is based, as the same may be modified from time to time. The Commission shall transmit its conclusion thereon, together with its reasons, to the Board of Supervisors. The Board of Supervisors shall take such conclusion and reasons into consideration in reaching its decision, but shall not be bound thereby.
At least 30 days prior to the Board of Supervisors' public hearing on the amendment, the proposed amendment shall be submitted to the Chester County Planning Commission for review and recommendations.
Before voting on the enactment of an amendment, the Board of Supervisors shall hold a public hearing on the proposed amendment. The Board of Supervisors, by resolution adopted at a stated meeting, shall fix the time and place of the public hearing and cause notice thereof to be given in accordance with the provisions of § 208-154.
If, after any public hearing held upon an amendment, the proposed amendment is changed substantially or further revised to include land previously not affected by it, the Board of Supervisors shall hold another public hearing as required by law pursuant to public notice before proceeding to vote on the amendment.
Notice of any hearing to be held by the Board of Supervisors on a proposed amendment shall be given as follows:
By publishing a notice thereof, not more than 30 days and not less than seven days in advance of such hearing, once each week for two successive weeks in a newspaper of general circulation in the Township.
By mailing a notice thereof to every resident or association of residents of the Township who shall have registered their names and addresses for this purpose with Zoning Hearing Board for the current year.
Where the proposed amendment involves a Zoning Map change, notice of the public hearing shall be mailed 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.
The notices shall state the time and place of the hearing and the particular nature of the proposed amendment. Full opportunity to be heard will be given to any citizen and all parties in interest attending such hearing.
Proposed zoning amendments shall not be enacted unless notice of proposed enactment is given in the manner required in Subsections A through D above and shall include the time and place of the meeting at which passage will be considered and a reference to a place within the municipality where copies of the proposed ordinance or amendment may be examined without charge or obtained for a charge not greater than the cost thereof. The Board of Supervisors shall publish the proposed ordinance or amendment once in one newspaper of general circulation in the municipality not more than 60 days nor less than seven days prior to passage. Publication of the proposed ordinance or amendment shall include either the full text thereof or the title and a brief summary setting forth all the provisions in reasonable detail. If the full text is not included:
A copy thereof shall be supplied to a newspaper of general circulation at the time the public notice is published; and
An attested copy of the proposed ordinance shall be filed in the Chester County Law Library or other county office designated by the County Commissioners, who may impose a fee no greater than that necessary to cover the actual costs of storing said ordinances.
In the event substantial amendments are made in the proposed ordinance or amendment, before voting upon enactment, the governing body shall, at least 10 days prior to enactment, readvertise, in one newspaper of general circulation in the municipality, a brief summary setting forth all the provisions in reasonable detail, together with a summary of the amendments.
Purpose. The unified development area (UDA) regulations are designed to implement the Comprehensive Plan recommendations for tracts such as Chesterbrook. The UDA, referenced in the Comprehensive Plan, is intended to be a master planned community in which special consideration shall be given to existing uses, highways, vehicular and pedestrian circulation, pedestrian amenities and compatible architecture and landscaping.
Development plan required. Applications for an amendment or amendments within any area designated in the Comprehensive Plan of Tredyffrin Township as a unified development area shall be accompanied by development plans for the affected tract or tracts. The plans shall be drawn to a scale of not less than one inch equals 100 feet and shall contain information sufficient to guide future development of the tract or tracts, including criteria relating to:
The location and use of land areas by zoning classification;
The location, use and disposition to be made of open space and other common areas and facilities;
The provisions to be made for primary vehicular circulation systems; and
The general provisions to be made for sewage and waste disposal, water supply, stormwater drainage and similar facilities, soil erosion and sedimentation control and other infrastructure.
Action on development plan. The development plans shall be submitted to the Planning Commission of the Township for its recommendation, which shall be made in writing to the Board of Supervisors within 30 days of submission. Thereafter, the Board of Supervisors shall specifically determine if the application for amendment or amendments is in accordance with the spirit and intent of the Comprehensive Plan relating to unified development areas.
Plan consistency. The development plans shall be approved only if they are consistent with the intent and purpose of the unified development area as set forth in the Comprehensive Plan, and only if they provide for the following:
Consideration for the ecology of the tract or tracts with particular reference to preservation of streams and lakes, protection against soil erosion and water contamination and provision for flood control.
Reservation for open space of at least 25% of the tract or tracts. This percentage includes only specifically designated open space areas. The term "open space," as used in this chapter, shall refer to land to be held and maintained in private ownership or dedicated to the public which shall not be used or developed except for recreational, scenic or conservation purposes.
A variety of types of compatible residential and nonresidential uses.
Location of land uses in the plans which takes account of the following:
Suitability with respect to topography and drainage.
Probable impact on municipal services, utilities and facilities.
Compatibility with surrounding land use.
Relationship of location to existing or probable sources of danger or nuisance.
Preservation of environmentally sensitive areas.
Facilities and road design to insure safety and protect against congestion from vehicular traffic resulting from the proposed land development plan.
A program for the ownership of the proposed open space, which will secure proper maintenance and preservation thereof for open space purposes, which program may include but shall not be limited to one or more of the following alternatives:
The creation of an organization comprised of property owners within the unified development area. Such organization shall not be dissolved nor shall it dispose of any common open space which it may own, by sale or otherwise, without first offering to dedicate same to the Township. In assessing whether the organization described in the plan is adequate, the governing body shall consider the type and structure of the organization from the perspective of its capacity for raising revenue, meeting its obligations and properly maintaining facilities.
Continuing ownership by the original developer, his successors or assigns of improved recreational area, which improvements may include such uses as tennis club, golf course and swim club.
Preservation of historic sites and structures.
A variety of recreational facilities.
Adoption of amendments; effect of plan approval. In the event the land development plans are approved by the Board of Supervisors, they may adopt an amendment or amendments, in accordance with the procedural provisions of the Pennsylvania Municipalities Planning Code, Act 247, as amended, to the Zoning Map of the Township to rezone the tract or tracts to such existing use districts as will permit the implementation of the plans. If such amendment or amendments are adopted, the landowner and/or developer shall be bound to comply in all material respects with the approved plans submitted, as well as with the limitations contained in the standard use districts. The developer, in turn, shall have a vested right to proceed according to the plans and zoning amendment or amendments for a period of 15 years, provided that application for building permits to begin development is made within two years of enactment of zoning to allow for implementation of the plans, and provided that the developer does not abandon the plans at any time by failing to take action thereunder for a continuous period of two years.
The provisions of this section shall apply to all pending applications for approval of development plans for any unified development area, including applications in form limited to requests for extensive changes to the Zoning Map. If the provisions hereof have been met by an applicant or developer and the appropriate Township authorities, he, she, it or they need not repeat procedures already performed.