East Coventry Township
City Zoning Code
City Zoning Code
PART 17
AMENDMENTS
§ 27-1701 Power of Amendment.
[Ord. 147, 8/11/2008, § 1700]
The Board of Supervisors may from time to time amend, supplement, change, modify or repeal this chapter including the Zoning Map and its overlays, by proceeding in the manner prescribed in this Part and in accordance with the applicable provisions of the Municipalities Planning Code.
§ 27-1702 Initiation of Amendment Proposals.
[Ord. 147, 8/11/2008, § 1701]
1.
Proposals Initiated by the Board of Supervisors or the Planning Commission. Proposals for amendment of this chapter may be initiated by the Board of Supervisors on its own motion, or by the Planning Commission.
2.
Proposals Initiated by Property Owners.
A.
A petition to amend this chapter may be submitted by one or more owners of property affected by the proposed amendment. The petition shall be submitted in writing to the Board of Supervisors together with a fee in accordance with the fee schedule adopted by resolution of the Board of Supervisors from time to time. Any part of such fee shall not be refundable to the petitioner. Upon receipt of the petition, the Board of Supervisors shall transmit a copy of the petition to the Planning Commission and the Chester County Planning Commission in accordance with § 27-1703.
B.
A landowner may submit a proposed curative amendment, challenging, on substantive grounds, the validity of this chapter, as provided by and in accordance with the provisions of the Municipalities Planning Code. The Board of Supervisors shall proceed and act upon any such proposal in the manner stipulated in the Municipalities Planning Code.
§ 27-1703 Referral to Township and County Planning Commissions.
[Ord. 147, 8/11/2008, § 1702]
1.
In the case of a proposed amendment other than one prepared by the Planning Commission, the Board of Supervisors shall submit the proposed amendment to the Planning Commission at least 30 days prior to the public hearing upon the proposed amendment as provided in § 27-1704. The Planning Commission shall consider whether or not the proposed amendment would be consistent with and in furtherance of implementation of the Comprehensive Plan. The Planning Commission shall submit its recommendations thereon, together with its reasons to the Board of Supervisors. The Board of Supervisors, in reaching its decision, shall take into consideration such recommendations and reasoning but shall not be bound thereby.
2.
Every proposed amendment shall be submitted by the Board of Supervisors to the County Planning Commission for recommendations at least 30 days prior to the public hearing upon a proposed amendment as provided by § 27-1704. The Board of Supervisors shall not take any action upon the proposed amendment until the recommendations of the County Planning Commission are received or until the said thirty-day period for such recommendations has elapsed without such recommendations having been received. The Board of Supervisors shall not be bound by such recommendations.
§ 27-1704 Public Hearing and Notice.
[Ord. 147, 8/11/2008, § 1703]
1.
The Board of Supervisors shall fix the time and place of a public hearing on the proposed amendment and cause notice thereof to be given as follows:
A.
By giving public notice (as defined in § 27-202 of this chapter and otherwise consistent with the Municipalities Planning Code) of the hearing. The notice shall state the particular nature of the matter to be addressed through the proposed amendment, a reference to a place in the Township where copies of the proposed amendment may be examined without charge or purchased at a charge not exceeding the cost thereof, and the time and place set for the public hearing.
B.
If the proposed amendment involves a Zoning Map change:
(1)
Notice of the public hearing shall be conspicuously posted by the Township at points along the tract deemed sufficient by the Township to notify potentially interested citizens. The notice of the subject tract or area shall be posted at least one week prior to the date of the hearing.
(2)
In the case a property owner submits a petition for the Zoning Map Change, notice of the public hearing shall be mailed by the petitioner at least 30 days prior to the date of the hearing by certified mail return receipt requested to the owners of all property within a radius of 500 feet of the tract(s) subject of the Zoning Map change. The mailing addresses of such owners shall be the addresses to which real estate tax bills are sent for their property, as evidenced by the tax records within the possession of the Township. The notice shall include the location, date and time of the public hearing. The petitioner shall also provide the Township a copy of the hearing notice and the return receipts for said certified mailing.
(3)
In the case the Township initiates the Zoning Map change and the change impacts more than 10 properties, notice of the public hearing shall be mailed by the Township at least 30 days prior to the date of the hearing by certified mail, return receipt requested, to the owners of all property within a radius of 500 feet of the tract(s) that are the subject of the Zoning Map change. The mailing addresses of such owners shall be the addresses to which real estate tax bills are sent for their property, as evidenced by the tax records within the possession of the Township. The notice shall include the location, date and time of the public hearing. The provisions of this Subsection 1B(3) shall not apply when the Zoning Map change constitutes a comprehensive rezoning.
[Amended by Ord. 209, 12/12/2016]
C.
At the public hearing, full opportunity to be heard shall be given to any resident and all parties in interest.
D.
If after the public hearing held upon the amendment, the proposed amendment is changed substantially, or is revised to include land previously not affected by it, the Board of Supervisors shall hold another public hearing, pursuant to public notice as provided in this section, prior to proceeding to vote on the amendment.
§ 27-1705 Enactment.
[Ord. 147, 8/11/2008, § 1704]
1.
In addition to any public notice requirements for public hearing on amendments, notice of proposed enactment shall include the time and place of the meeting at which passage will be considered, a reference to the place within the Township where copies of the proposed amendment may be examined without charge or obtained for a charge not to exceed the cost thereof. The Board of Supervisors shall publish the proposed amendment once in one newspaper of general circulation in the Township not more than 60 or less than seven days prior to passage. Publication of the proposed amendment shall include either the full text thereof or the title and a brief summary, prepared by the Township solicitor and setting forth all the provisions in reasonable detail. If the full text is not included:
2.
The Board of Supervisors shall republish any proposed amendment, in accordance with this section, where the scheduled date of enactment is more than 60 days following the date of the last publication of the notice of enactment.