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East Fallowfield Township
City Zoning Code

PART 23

AMENDMENTS

§ 27-2301 Power of Amendment.

[Ord. 2002-06, 11/11/2002, § 2301]
1. 
The Board of Supervisors may, from time to time, amend, supplement, change, modify or repeal this chapter, including the Zoning Map. The Board of Supervisors, by resolution adopted at a stated or special meeting, shall fix the time and place of a public hearing on the proposed change, amendment, or repeal, and cause notice thereof to be given as follows:
A. 
By publishing a notice of the time and place of the hearing not more than 30 days and not less than seven days in advance of the date fixed for the hearing in a newspaper of general circulation in the Township. Such notice shall be published once each week for two successive weeks.
B. 
In addition to the procedural and content requirements of § 610 of the Municipalities Planning Code (MPC), Act 247, as amended, 53 P.S. § 10610, the notice shall also set forth the principal provisions of the proposed change, amendment, or repeal in reasonable detail and a reference to a place in the Township where copies of proposed change, amendment, or repeal may be examined or purchased at a charge not exceeding the cost thereof. In addition, if 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 tract to notify potentially interested citizens. The affected tract or area shall be posted at least one week prior to the date of the hearing.
C. 
In addition to the above procedural requirements, the enactment of zoning ordinance amendments shall be consistent with the requirements of § 609 of the MPC, 53 P.S. § 10609.

§ 27-2302 Landowner's Petition.

[Ord. 2002-06, 11/11/2002, § 2302]
Fifty percent or more of the landowners in a zoning district or landowners which own more than 50% of the land in the zoning district may present to the Board of Supervisors a petition, duly signed and acknowledged, requesting an amendment, supplement, change, modification, or repeal of any of the regulations or restrictions prescribed by this chapter for their district, or a change or modification of the Zoning Map with reference to such district. The Board may, at its discretion, hold a public hearing thereon and cause notice thereof to be given in the manner prescribed in § 27-2301, Subsection 1A, above.

§ 27-2303 Planning Commission Referral.

[Ord. 2002-06, 11/11/2002, § 2303]
The Board of Supervisors shall refer each petition or proposal for change or amendment to the Township Planning Commission and County Planning Commission at least 30 days prior to the hearing, which shall consider whether or not such proposed change or amendment would be, in view of the Commission, consistent with and desirable in furtherance of the Comprehensive Plan upon which this chapter is based, as the same may be modified from time to time. The Commission shall transmit its conclusion thereon, together with its reasons therefor, to the Board within 30 days. The Board of Supervisors shall take such conclusion and reasons into consideration in reaching its decision, but shall not be bound thereby.

§ 27-2304 Curative Amendment Procedures.

[Ord. 2002-06, 11/11/2002, § 2304]
1. 
Landowner Curative Amendments. A landowner who desires to challenge, on substantive ground, the validity of this chapter or 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 §§ 609.1 and 916.1 of Municipalities Planning Code, Act 247, as amended, 53 P.S. §§ 10609.1, 10916.1.
2. 
Township Curative Amendments. If the Board of Supervisors determines that this chapter, or any portion thereof or amendment thereto is substantially invalid, it shall have the right to prepare a curative amendment in accordance with the procedures set forth in § 609.2 of Municipalities Planning Code, Act 247, as amended, 53 P.S. § 10609.2.

§ 27-2305 Hearings.

[Ord. 2002-06, 11/11/2002, § 2305]
At any public hearing on a proposed change or amendment, opportunity to be heard shall be given to any citizen. The Board of Supervisors shall take the recommendations of the Township and County Planning Commissions into consideration in reaching its decision, but shall not be bound thereby. The Board of Supervisors shall have the power to adopt general or special rules of procedure for the conduct of any such hearing, provided that under § 27-2304, Subsection 1, above, the hearings shall be conducted in accordance with §§ 609.1(b) and 908 of the Municipalities Planning Code, Act 247, as amended, 53 P.S. §§ 10609.1(b), 10908.

§ 27-2306 Decisions of the Board of Supervisors.

[Ord. 2002-06, 11/11/2002, § 2306]
The Board of Supervisors shall make a decision as provided in § 908(9) of the Municipalities Planning Code, Act 247, as amended, 53 P.S. § 10908(9), after the close of the last hearing on the request unless the time is extended by mutual consent by the landowner and the Board of Supervisors. When a decision has been made by the Board of Supervisors, a written copy of the decision shall be delivered to the landowner personally or mailed to him not later than the day following its date. Within 30 days after enactment, a copy of the amendment to this chapter shall be forwarded to the County Planning Commission.