Proposals for amendment of this chapter may be initiated by the Board of Supervisors on its motion, by the Township Planning Commission, or by petition of one or more owners of property to be affected by the proposed amendment.

A landowner who desires to challenge, on substantive grounds, the validity of this chapter or Zoning Map, or any provision thereof which prohibits or restricts the use or development of land in which they have an interest, may submit a curative amendment to the Board of Supervisors with a written request that their challenge and proposed amendment be heard and decided as provided in Sections 609.1 and 916.1 of the Municipalities Planning Code.[1]

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 procedure set forth in Section 609.2 of the Municipalities Planning Code.[2]

Proposals initiated by the Board of Supervisors. The Board of Supervisors shall refer every proposed amendment originated by the Board or submitted for its formal consideration to the Board, the Township Planning Commission, and the Chester County Planning Commission.

Proposals initiated by the Township Planning Commission. The Township Planning Commission may at any time transmit to the Board of Supervisors any proposal for amendment of this chapter.

Proposals initiated by petition of property owners. Each petition by one or more property owners of property to be affected by a proposal for amendment shall be submitted to the Secretary of the Board of Supervisors, together with a fee in accordance with a fee schedule adopted by resolution of the Board. No part of such fee shall be refundable to the petitioner.

At least 30 days prior to the hearing on such proposed amendment, the Board of Supervisors shall refer proposed amendments, other than ones originated by the Township Planning Commission, to the Township Planning Commission so it may provide recommendations on the proposed amendment.

All proposed amendments shall be submitted by the Township to the Chester County Planning Commission for review and comment at least 30 days prior to the amendment hearing in accordance with the provisions of the Municipalities Planning Code. The Board of Supervisors shall not take action on the amendment until the report from the County Planning Commission is received or the time period for such response has elapsed. However, the Board shall not be bound by recommendations of the county.

The Board of Supervisors shall fix the time and place of a public hearing on the proposed amendment, and notice thereof shall be given in accordance with this section.

The Board of Supervisors shall publish notice thereof consistent with the public notice requirements of the Municipalities Planning Code.[1]

If the proposed amendment involves a Zoning Map change, notice of the public hearing shall be conspicuously posted by the Township along the perimeter of the lot or areas where such map change is proposed. Such posting shall be in accordance with the provisions of the Municipalities Planning Code to notify interested citizens. The affected lot or area shall be posted at least one week prior to the date of the hearing. In addition, in accordance with the Municipalities Planning Code, the Township shall send notice of the public hearing to affected property owners, by first-class mail, at least 30 days prior to the date of the hearing; however, this provision shall not be required when the rezoning is comprehensive.

(Reserved)[2]

At the public hearing, full opportunity to be heard shall be given to any resident and all parties in interest.

In the event substantial changes are made to the proposed amendment or ordinance, or it 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 the Municipalities Planning Code,[3] prior to proceeding to vote on the amendment or ordinance.

An owner of a lot or parcel of land or the owner of the mineral rights in a tract or parcel of land may request that the Township provide written or electronic notice of a public hearing on an ordinance which may affect the lot or parcel of land. Mailed notice shall only be required where the landowner has made a written request and has supplied the Township with stamped, self-addressed envelopes prior to the public hearing. Electronic notice shall only be required if a landowner has made a written request that notice be sent electronically and has supplied the Township with an electronic address prior to the hearing and the Township has the capability of generating an electronic notice. The Township shall deposit a mailed notice in the United States Mail or provide electronic notice not more than 30 and not less than seven days prior to the scheduled date of the hearing as shown on the notice. Failure of the owner to receive a requested mailed notice or electronic notice shall not be deemed to invalidate any action or proceeding.

After enactment, amendments shall be incorporated into the Township's official ordinance books. Chapter amendments may be incorporated into official ordinance books by reference with the same force and effect as if duly recorded therein, with the same being attached to the official ordinance.

Within 30 days after enactment, a copy of the adopted amendment shall be forwarded to the Chester County Planning Commission.