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Caernarvon Township
City Zoning Code

ARTICLE X

Amendments

§ 500-93 Powers.

The Board of Supervisors may from time to time amend, supplement, change, modify, or repeal this chapter, including the Zoning Map. Such shall be done in accordance with the following:

§ 500-94 Word usage.

The words "amend," "amendment," "amendments" or "amended" in this chapter shall be deemed to include any modifications of the text or phraseology of any provisions or amendments thereof, or any repeal or elimination of any such provisions or part thereof, or any addition to this chapter or to an amendment thereof, and shall also be deemed to include any change in the number, shape, boundary, or area of any district or districts, any repeal or abolition of any part of such map and, in addition to such map, any new map or maps or any other changes in the maps or any map.

§ 500-95 Initiation of amendments.

Proposals for amendment, supplement, change, modification, or repeal may be initiated by the Board of Supervisors on its own motion, by the Township Planning Commission or by petition of one or more owners of property, subject to the following provisions:
A. 
Proposals initiated by the Board of Supervisors. The Board of Supervisors shall refer every proposed amendment, supplement, change, modification, or repeal originated by them to the Township Planning Commission. Within 30 days of the submission of said proposal, the Planning Commission shall submit to the Board of Supervisors a report containing the Commission's recommendations, including any additions or modifications to the original proposal.
B. 
Proposals originated by the Township Planning Commission. The Township Planning Commission may at any time transmit to the Board of Supervisors any proposal for the amendment, supplement, change, modification, or repeal of this chapter.

§ 500-96 Hearings.

A. 
Before voting on the enactment of an amendment, the Board of Supervisors shall hold a pubic hearing thereon. No such amendment shall become effective until after such hearing, at which parties in interest and citizens shall have an opportunity to be heard. If, after any public hearing held on an amendment, the proposed amendment is revised, or further revised, to include land previously not affected by it, the Board of Supervisors shall hold another public hearing, pursuant to public notice, before proceeding to vote on the amendment.
B. 
Public notice, as defined in Act 93 of 1972,[1] shall be given of the time, place and the general nature of such hearing and shall be published in a newspaper of general circulation in the Township. Public notices of proposed zoning ordinances and amendments shall include either the full text thereof, or a brief summary setting forth the principal provisions in reasonable detail, and a reference to a place where copies of the proposed ordinance or amendment may be examined, in addition to the time and place of hearing.
[1]
Editor's Note: Act 93 of 1972 was repealed 12-21-1988 by P.L. 1329, No. 170; see now 53 P.S. § 10109.
C. 
No hearing shall be held before or during the thirty-day period in which the Township Planning Commission has been directed to review and report its recommendations to the Board of Supervisors.
D. 
At least 30 days prior to the public hearing on the proposed amendment, the Township Planning Commission shall submit the amendment to the County Planning Commission for review and recommendations.

§ 500-97 Procedure upon curative amendments.

A landowner who desires to challenge on substantive grounds 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 a curative amendment to the governing body with a written request that his/her challenge and proposed amendment be heard and decided. The Township Supervisors shall commence a hearing on the amendment within 60 days of the request. The curative amendment shall be submitted to the Township and County Planning Commission for review and recommendations at least 30 days prior to the public hearing on the proposed amendment. Public notice, as defined in Act 93 of 1972,[1] shall be given prior to public hearing.
[1]
Editor's Note: Act 93 of 1972 was repealed 12-21-1988 by P.L. 1329, No. 170; see now 53 P.S. § 10109.

§ 500-98 Fees.

A fee, to be determined by resolution of the Board of Supervisors, shall be paid at the time of submission of a written request for the amendment of this Chapter 500, Zoning, in order to cover costs incurred by the Township. No request for amendment shall be considered unless it is accompanied by the required fee.