Edgmont Township City Zoning Code
ARTICLE XXXIV
Amendments
§ 365-199 Power of amendment.
The Board of Supervisors may, from time to time, amend, supplement, change, modify or repeal this chapter, including the Zoning Map, Flood Hazard District Map, and/or the Steep Slope Conservation District Map, in accordance with the procedures established by the Municipalities Planning Code[1] and in accordance with the procedure hereinafter set forth.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
§ 365-200 Amendment procedure.
Proposals for amendment or change may be initiated by petition of one or more owners of property to be affected by the proposed amendment, subject to the following provisions:
A.
Every such proposed amendment or change shall be submitted to the Board of Supervisors, which shall refer every proposal to the Township Planning Commission for recommendation. Amendment procedures as set forth in the Municipalities Planning Code[1] shall be followed.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B.
Each such proposed amendment shall be resolved in accordance with the following standards and criteria to ensure that:
(1)
The proposed use is consistent with the purpose of the article whereby it is permitted, the overall purpose of this chapter, as contained in Article I and all other applicable provisions of this chapter.
(2)
The proposed use will satisfy all of the relevant provisions and requirements of Chapter 305, Subdivision and Land Development, and any other applicable codes, ordinances, and/or regulations.
(3)
The proposed use and its location are consistent with the Comprehensive Plan.
(4)
There is a demonstrated need for the proposed use and that it will contribute to the maintenance of the health, safety, morals and general welfare of the Township.
(5)
The proposed use is consistent with the nature of the uses existing on any immediately adjacent properties, and it will not detract from or cause harm to neighboring properties and will be maintained in a manner in keeping with the character of the neighborhood.
(6)
The proposed use is consistent in concept and design with other amendments for which approval has been heretofore granted.
(7)
The proposed use is consistent with the logical extension of public services and will not measurably affect the public services and utilities of the surrounding properties.
(8)
Any proposed construction will be consistent with sound design, engineering and land development practices, and is in keeping with the character of construction within the neighborhood.
(9)
The proposed use will provide safe and adequate access to roads and public services (existing or proposed) and will not result in excessive traffic volumes, or will make any improvements needed to guarantee compatibility with adjacent roads and public services.
(10)
The proposed use has provided for adequate sanitation.
C.
Public hearings.
(1)
Before voting on the enactment of an amendment, the Board of Supervisors shall hold a public hearing thereon, pursuant to public notice as defined by this chapter and the content of such notice shall be in accordance with Section 610 of the Pennsylvania Municipalities Planning Code.[2] In the case of an amendment other than that prepared by the Planning Commission, the Board of Supervisors 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. 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, the Board of Supervisors shall hold another public hearing, pursuant to public notice, before proceeding to vote on the amendment. The Township shall submit the proposed amendment to the DCPD at least 30 days prior to the public hearing on the amendment. Within 30 days after enactment, a copy of the amendment to this chapter shall be forwarded to the County Planning Department.
[2]
Editor's Note: See 53 P.S. § 10610.
(2)
If the proposed amendment involves a Zoning Map change, the affected tract or area shall be posted in accordance with the MPC. In addition, the Township shall notify the governing body of all municipalities contiguous to the municipal boundaries of the Township of the hearing on the proposed Zoning Map change and shall offer said governing body(ies) the opportunity to appear and comment.