Brecknock Township City Zoning Code

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.[1] 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,[1] 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.[1]

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.[1] 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.