Bristol Township City Zoning Code
ARTICLE XXXII
Amendments
§ 205-195 Power of Council to amend and repeal.
Council may from time to time amend, supplement, change, modify or repeal this chapter, including the Zoning Map. When doing so, Council shall proceed in the manner prescribed in § 205-197 of this article.
§ 205-196 Initiation of amendments by Council, Planning Commission or petition of owners.
A.
Proposals for amendments, supplement, change, modification or repeal may be initiated by Council on its own motion, by the Planning Commission, or by petition of one or more owners of property to be affected by the proposed amendment, subject to the following:
(1)
Proposals originated by Council. Council may at any time propose an amendment, supplement, change, modification or repealer, as the cases may be, to this chapter.
(2)
Proposals originated by Planning Commission. The Planning Commission may at any time transmit to the Council any proposal for the amendment, supplement, change, modification or repeal of this chapter.
(3)
Private petition for amendment. A landowner who desires to seek an amendment to the Zoning Ordinance shall file an application for amendment and present it to the Township with the fee as set forth by the Council by resolution, and shall set forth the following:
(a)
The applicant's name and address and his representative and the interest of every person represented in the application.
(b)
A plan showing the extent of the area to be rezoned, streets bounding and intersecting the area, land use and zoning classification of abutting districts, and tax parcel numbers of the areas to be rezoned.
(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)
Information and analysis of traffic and other impacts that may be needed by the Township to evaluate the proposed amendment.
§ 205-197 Enactment of amendments.
Enactment of any proposed amendment, other than a challenge to the validity of the ordinance and curative amendment in § 205-198, shall be done in accordance with the following:
A.
Before voting on the enactment of an amendment, Council shall hold a public hearing thereon, pursuant to public notice.
B.
If the proposed amendment involves a Zoning Map change, notice of said public hearing shall be conspicuously posted by the Township at points deemed sufficient by the Township along the perimeter of the tract to notify potentially interested citizens. The affected tract or area shall be posted at least one week prior to the date of the hearings.
C.
For an amendment other than that initiated by the Planning Commission, Council shall submit each such amendment to the Planning Commission at least 30 days prior to the hearing on such proposed amendment to provide the Planning Commission an opportunity to submit recommendations.
E.
If, after any public hearing held upon an amendment, the proposed amendment is changed substantially, or is revised to include land previously not affected by it, Council shall hold another public hearing, pursuant to public notice, before proceeding to vote on the amendment. Council shall at least 10 days prior to enactment readvertise, in one newspaper of general circulation in the Township, a brief summary setting forth all the provisions in reasonable detail together with a summary of the amendment.
F.
The Township shall submit each amendment to the Bucks County Planning Commission at least 30 days prior to the public hearing for recommendations.
G.
Within 30 days after enactment, a copy of the amendment to the Zoning Ordinance shall be forwarded to the Bucks County Planning Commission.
§ 205-198 Challenge to validity of ordinance and curative amendment.
A.
A landowner who, on substantive grounds, desires to challenge the validity of an ordinance or map or any provision thereof which prohibits or restricts the use or development of land in which he/she has an interest may submit to Council with a written request that his/her challenge and proposed curative amendment be heard and decided as provided in Section and Section 609.l and 916.1 of the Pennsylvania Municipalities Planning Code (Act 247), as amended.[1]
[1]
Editor's Note: See 53 P.S. § 10609.1 and 10976.1.
B.
The submissions referred to in Subsection A above shall be governed by the following:
(1)
Where the landowner desires to challenge the validity of such ordinance and elects to proceed by curative amendment, his/her application to Council shall contain, in addition to the requirements of the written request hereof, 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. Such plans or other materials shall not be required to meet the standards prescribed for preliminary or final approval or for the 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. Nothing herein shall preclude the landowner from first seeking a final approval before submitting his/her challenge.
(2)
The request also shall be accompanied by an amendment or amendments to the ordinance proposed by the landowner to cure the alleged defects therein, and an impact statement as required in § 205-199.
(3)
The Township Solicitor shall represent and advise it at the hearing or hearings.
(4)
Council may retain an independent attorney to present the defense of the challenged ordinance or map on its behalf and to present their witnesses on its behalf.
(5)
Based upon the testimony presented at the hearing or hearings, Council shall determine whether the challenged ordinance or map is defective, as alleged by the landowner. If a challenge heard by Council is found to have merit, Council may accept a landowner's curative amendment, with or without revision, or may adopt an alternative amendment which will cure the challenged defects. In reaching its decision, Council shall consider the amendments, 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 a residential use, the impact of the proposal upon regional housing needs and 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, woodlands, wetlands, floodplains, aquifers, natural resources and other natural features;
(d)
The impact of the proposal on other land uses which are essential to public health and welfare.
(6)
Council shall render its decision within 45 days after the conclusion of the last hearing.
C.
Council shall commence its hearings within 60 days after the request is filed unless the landowner requests or consents to an extension of time. The conduct of the hearing and the determination by Council shall be in accordance with Sections 609.1, 908, and 916.1 of the Pennsylvania Municipalities Planning Code, as amended.[2] These hearing procedures are the same as those stated in § 205-189 of this chapter for the Zoning Hearing Board, except that all references therein to the Zoning Hearing Board shall, for the purposes of this section, be references to Council.
[2]
Editor's Note: See 53 P.S. § 10609.1, 10908 and 10916.1
D.
Public notice of the hearing shall include notice that the validity of the ordinance or map is in question and shall give the place where and the times when a copy of the request, including any plans, explanatory material or proposed amendments may be examined by the public.
E.
The curative amendment and challenge shall be submitted to the Planning Commission at least 30 days prior to the hearing on such proposed amendment and notice of the hearing shall be given in accordance with Section 610 of the Pennsylvania Municipalities Planning Code, as amended.[3]
[3]
Editor's Note: See 53 P.S. § 10610.
F.
The challenge shall be deemed denied when:
(2)
Council notifies the landowner that it will not adopt the curative amendment;
(3)
Council adopts another curative amendment which is unacceptable to the landowner; or
(4)
Council 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 by the landowner and Township.
G.
Time limits for filing for preliminary approval or building permit.
(1)
Where, after the effective date of this chapter, a curative amendment proposal is approved by the grant of a curative amendment application by Council pursuant to § 205-196A(4) of this chapter or the court acts finally on appeal from denial of a curative amendment proposal, and the proposal so approved requires a 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 approval pursuant to Chapter 177, Subdivision and Land Development. Within the two-year period, no subsequent change or amendment in the zoning, subdivision and land development 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.
(2)
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 and land development 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. During these protected periods, the court shall retain or assume jurisdiction for the purpose of awarding such supplemental relief as may be necessary.
H.
If Council does not except a landowner's curative amendment submitted in accordance with this chapter, and court subsequently rules that the challenge has merit, the court's decision shall not result in a declaration of invalidity of the entire ordinance and map, but only for those provisions which specifically relate to the landowner's curative amendment and challenge.
§ 205-199 Impact statement.
For any petition filed pursuant to § 205-196 of this chapter, Council at its discretion may require an impact statement to be submitted with the petition whenever it deems necessary. A change of zoning generally means a deviation from the previously planned growth pattern. Such changes invariably have an impact on the community, on the environment and on taxes. A detailed statement of these impacts shall be submitted by the applicant for any change in zoning classification or where required for a proposed use pursuant to this chapter. Such statement shall contain the following:
A.
Bristol Township Comprehensive Plan. An analysis of the consistency of the proposed zoning change with the Comprehensive Plan shall be presented. The analysis shall include, but not be limited to, the compatibility with the statement of community goals and objectives, and the impact on the land use plan, community services and facilities, regional population and housing projections.
B.
Environmental impact. An analysis of the impact on stormwater runoff, aquifer recharge, erosion, sedimentation, wildlife habitats, scenic areas, and the general amenity of the community. The environmental or natural features listed in § 205-108, Environmental performance standards, shall be identified and mapped. The ability of the proposed use to comply with the requirements of § 205-108 shall be shown. The site capacity calculations of § 205-107 shall be completed for the subject tract.
C.
Transportation impact.
(1)
An analysis of the impact of the proposed zoning change on the transportation system, both highways and public transportation, shall be provided.
(2)
Where a proposed zoning change or amendment could result in traffic generation that meets the applicability for a traffic impact study in Section 525.c of the Subdivision and Land Development Ordinance, a transportation impact study shall be prepared in accordance with the provisions in Section 525 of the Subdivision and Land Development Ordinance.[1]
D.
Water resources impact. An analysis of the impact of the proposed zoning change on underlying aquifers, streams and existing nearby wells or on the public water supply system shall be provided. The following information shall be included.
E.
Sewage facilities impact. An analysis which evaluates the consistency of the proposed zoning change with the municipal sewage facilities plan.
§ 205-200 Court appeals.
All appeals from all land use decisions rendered pursuant to this article shall be taken to the Court of Common Pleas of Bucks County and shall be filed within 30 days after entry of the decision, or in the case of a deemed decision, within 30 days after the notice of said deemed decision is given as set forth in this chapter.
§ 205-201 Fees.
The applicant for any hearing on an appeal or amendment before Council shall at the time of making application, pay to the Zoning Officer, for the use of the Township, a fee in accordance with a fee schedule adopted by resolution of Council upon enactment of this chapter.