Brighton Township City Zoning Code
ARTICLE XVII
Amendments
§ 195-151 Amendments.
This chapter may be amended from time to time as deemed necessary for the public welfare or convenience, in compliance with the provision of Article VI, Sections 609 and 609.1 of Act 247, as amended, known and cited as the "Pennsylvania Municipalities Planning Code."[1]
A.
Enactment of amendment. An amendment to this chapter may be initiated by the Board of Supervisors or the Planning Commission. Before voting on an enactment of an amendment, the Board of Supervisors shall hold a public hearing thereon, pursuant to public notice. In the case of an amendment prepared by other than the Planning Commission, the Board of Supervisors shall submit said amendment to the Planning Commission for recommendations, at least 30 days prior to the public hearing. If, after any public hearing held upon an amendment, the proposed amendment is revised or further revised to include land not previously affected by it, the Board of Supervisors shall hold another public hearing, pursuant to public notice, before proceeding to vote on the amendment. Thirty days prior to the public hearing held by the Board of Supervisors, the Township Planning Commission shall submit the proposed amendment to the Beaver County Planning Commission for recommendations.
[Amended 12-10-2007 by Ord. No. 156]
B.
Procedure for landowner curative amendment. A landowner who desires to challenge on substantive grounds the validity of this chapter, the Zoning Map attached and made a part hereof or any provision hereof which prohibits or restricts the use or development of land in which he has an interest may submit a curative amendment, accompanied by the appropriate fee, to the Board of Supervisors with a written request that his challenge and proposed amendment or amendments be heard and decided in the manner prescribed by Act 247, the Pennsylvania Municipalities Planning Code, Article VI, and all amendments thereto,[2] and further defined as follows:
(1)
Procedure for filing for curative amendment.
(a)
The landowner shall make a written request to the Board of Supervisors that it hold a hearing on his challenge. The request shall contain a short statement reasonably informing the Board of Supervisors of the matters that are in issue and the grounds for the challenge.
(b)
Such request may be submitted at any time, but if an application for a permit or approval is denied under this chapter, the request shall be made not later than 30 days after notification of such denial. In such case, if the landowner elects to make the request to the Board of Supervisors and the request is timely, the time within which he may seek review of the denial of the permit or approval on other issues shall not begin until the request is finally disposed of.
(c)
The request shall be accompanied by plans and other materials describing the use or development proposed by the landowner. Such plans and other material may be general in nature, but should provide a sufficient base for evaluating the challenge.
(d)
If the Township of Brighton 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 the entire zoning ordinance and map, but only those provisions relating to the landowner's challenge.
(2)
Public hearing.
(a)
Upon petition, the Board of Supervisors shall hold a hearing thereon within 60 days of the filing of the request.
(b)
At least 30 days prior to the hearing the Board of Supervisors shall refer the proposed amendment to the Township Planning Commission and the Beaver County Planning Commission for recommendations.
(c)
The public notices of the hearing shall, in addition to the requirements for advertisement for any amendment, indicate that the validity of this chapter or the Zoning Map is in question and shall indicate the place and times when a copy of the landowner's request, including all plans submitted and the proposed amendment(s), may be examined by the public.
(d)
The public hearing shall be conducted within the following guidelines:
[1]
The Chairman or Acting Chairman of the Board of Supervisors presiding shall have the power to administer oaths and issue subpoenas to compel the attendance of witnesses and the production of relevant documents and papers, including witnesses and documents requested by the parties.
[2]
The parties have the right to be represented by counsel and shall be afforded the opportunity to respond and present evidence and argument and cross-examine adverse witnesses on all relevant issues.
[3]
Formal rules of evidence shall not apply, but irrelevant, immaterial or unduly repetitious evidence may be excluded.
[4]
The Board of Supervisors shall keep a transcript of the proceedings as well as copies of graphic or written material received in evidence. These shall be made available to any party at cost.
[5]
The Board of Supervisors shall not communicate, directly or indirectly, with any party or his representatives in connection with any issue involved except upon notice and opportunity for all parties to participate, shall not take notice of any communication, reports, staff memoranda or other materials unless the parties are afforded an opportunity to contest the material so noticed and shall not inspect the site or its surroundings after the commencement of hearings with any party or his representatives unless all parties are given an opportunity to be present.
(e)
The hearing may be postponed or continued at the request of the landowner or by mutual consent of the parties.
(3)
Procedure for rendering formal action. Upon completion of the hearing, the Board of Supervisors shall render a decision and communicate said decision to all parties within 30 days.
(a)
Approval of the amendment shall be granted by formal affirmative vote at a regular or special meeting of the Board of Township Supervisors.
(b)
The landowner's request shall be considered denied when:
[1]
The Board of Supervisors notifies the landowner that it will not adopt the amendment.
[2]
The Board of Supervisors adopts another amendment which is unacceptable to the landowner.
[3]
The Board of Supervisors fails to act on the landowner's request within 30 days of the close of the last hearing, unless the time is extended by mutual consent of the landowner and Board of Supervisors.
[2]
Editor's Note: See 53 P.S. § 10101 et seq.
C.
Procedure for municipal curative amendment. If the Township of Brighton determines that its zoning ordinance or any portion thereof is substantially invalid, it shall take the following action:
(1)
The Township of Brighton shall declare by formal action its zoning ordinance or portions thereof substantively invalid and propose a curative amendment to overcome such invalidity. Within 30 days of such declaration the governing body shall, by resolution, make specific findings setting forth the invalidity, which may include:
(a)
References to specific uses which are not permitted or not permitted in sufficient quantity;
(b)
Reference to a class of use or uses requiring revision;
(c)
Reference to the entire ordinance which requires revisions.
(2)
Within 180 days from the date of the declaration and proposal, the Township of Brighton shall enact a curative amendment to validate or reaffirm the validity of its zoning ordinance pursuant to the provisions of Act 247, Pennsylvania Municipalities Planning Code, Article VI, and all amendments thereto.[3]
[3]
Editor's Note: See 53 P.S. § 10101 et seq.
(3)
Upon declaration of invalidity, the Board of Supervisors shall not be required to consider a landowner's curative amendment nor shall the Zoning Hearing Board be required to give a report subsequent to the declaration and proposal to remedy said invalidity.
(4)
The Township of Brighton may not again utilize said procedure for a thirty-six-month period following the date of enactment of a curative amendment unless a change in statute or a court decision requires such curative amendment.
D.
Public notice. When a proposed zoning amendment involves the reclassification of land, a minimum of two notices shall be posted on the subject property not less than seven days prior to the date of the required public hearing.
E.
Procedure following enactment. Within 30 days following enactment of a zoning ordinance amendment, a copy of such amendment shall be forwarded to the Beaver County Planning Commission.
F.
Appeal. Any action taken or decision rendered under this article may be appealed by any parties aggrieved by said action or decision under the provision and procedures provided in Act 247.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
