Franklin Township City Zoning Code
PART 24
AMENDMENTS
§ 27-2401 Power of Amendment.
[Ord. 95-07, 12/14/1995, § 2300]
The Board of Supervisors, from time to time, may amend, supplement, change, modify, or repeal this chapter, in whole or in part, including the Zoning Map in accordance with the provisions of this Part and the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq., as amended.
§ 27-2402 Amendment Procedure.
[Ord. 95-07, 12/14/1995, § 2301]
1.
The following procedure shall be observed prior to the adoption of any amendment, supplement, change, modification, or repeal of this chapter or the official Zoning Map.
A.
Public Meetings. Prior to taking action, the Board of Supervisors shall hold a public hearing in accordance with the following requirements:
(1)
The Board of Supervisors shall fix the time and place of a public hearing. Any citizen and all parties interested in attending such hearing shall be given full opportunity to be heard.
(2)
A notice of the public hearing shall be published in a newspaper of general circulation in the Township not more than 30 days and not less than seven days prior to the date fixed for the hearing. Such notice shall be published once each week for two successive weeks. Public hearing thereon shall be pursuant to public notice, and pursuant to mailed notice and electronic notice to an owner of a tract or parcel of land located within a municipality or an owner of the mineral rights in a tract or parcel of land within the municipality who has made a timely request in accordance with 53 P.S. § 10109.
[Amended by A.O.]
(3)
The notice shall include the time and place of the meeting at which passage will be considered and a reference to a place within the Township where copies of the proposed amendment, supplement, change, modification or repeal may be examined without charge or obtained for a charge not greater than the cost thereof.
(4)
Publication shall include either the full text of the amendment, supplement, change, modification, or repeal, 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, a copy thereof shall be supplied to a newspaper of general circulation in the Township at the time the public notice is published.
(5)
In the event substantial changes or revisions are made to the proposed zoning amendment, supplement, change, modification or repeal before voting upon enactment, the Board of Supervisors shall, at least 10 days prior to enactment, readvertise, in one newspaper of general circulation in the Township, a brief summary setting forth all the provisions in reasonable detail together with a summary of the amendment.
(6)
If, after any public hearing, the proposed zoning amendment, supplement, change, modification, or repeal is substantially changed or 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.
(7)
If the proposed zoning amendment, supplement, change, modification, or repeal 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 lot to notify potentially interested citizens. The affected lot or area shall be posted at least one week prior to the date of the hearing.
B.
Planning Commission Referral. In the case of an amendment, supplement, change, modification, or repeal other than that prepared by the Planning Commission, the Board of Supervisors shall submit the proposal to the Planning Commission at least 30 days prior to the hearing on such proposal to provide the Planning Commission an opportunity to submit recommendations.
C.
Chester County Planning Commission Referral.
(1)
The proposed amendment, supplement, change, modification, or repeal shall be submitted to the Chester County Planning Commission for recommendations a minimum of 30 days prior to holding a public hearing.
(2)
Within 30 days after enactment, a copy of the amendment, supplement, change, modification, or repeal shall be forwarded to the Chester County Planning Commission.
D.
Decision. The Board of Supervisors shall not take action on the proposed supplement, change, modification, or repeal until the Planning Commission and Chester County Planning Commission recommendations are made. If such recommendations are not received within 30 days from the date the referral was received by these agencies, the Board of Supervisors may proceed without such recommendations and repeals shall be adopted by the Board of Supervisors at their regularly scheduled meeting within 90 days after the public hearing. Such amendments, supplements, changes, modifications and repeals shall be incorporated into the official zoning ordinances by reference with the same force and effect as if duly reported therein.
§ 27-2403 Curative Amendment Procedure.
[Ord. 95-07, 12/14/1995, § 2302]
1.
Application. 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 he has an interest, may submit an application for curative amendment to the Board of Supervisors. The application shall include a written request that his challenge and proposed amendment be heard and decided, as provided in § 916.1 of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10916.1, as amended.
2.
Public Hearing.
A.
The Board of Supervisors shall hold a public hearing on the proposed curative amendment within 60 days of the request as provided in § 916.1 of the Municipalities Planning Code, 53 P.S. § 10916.1, as amended.
3.
Planning Commission Referral. The curative amendment shall be referred to the Planning Commission for recommendations, as provided in § 27-2402.
4.
Chester County Planning Commission Referral. The curative amendment shall be referred to the Chester County Planning Commission for recommendations, as provided in § 27-2402.
5.
Decision.
A.
The Board of Supervisors shall consider the curative amendments, plans and explanatory material submitted by the landowner and shall also consider:
(1)
The impact of the proposal upon roads, sewer facilities, water supplies, schools and other public service facilities.
(2)
If the proposal is for a residential use, the impact of the proposal upon regional housing needs and the effectiveness of the proposal in providing housing units of a type actually available to and affordable by classes of persons otherwise unlawfully excluded by the challenged provisions of the ordinance or map.
(3)
The suitability of the site for the intensity of use proposed by the site's soils, slopes, woodlands, wetlands, floodplains, aquifers, natural resources and other natural features.
(4)
The impact of the proposed use on the site's soils, slopes, woodlands, wetlands, floodplains, natural resources and natural features, the degree to which these are protected or destroyed, the tolerance of the resources to development and any adverse environmental impacts.
(5)
The impact of the proposal on the preservation of agriculture and other land uses which are essential to public health and welfare.
B.
If the Board of Supervisors determines that a validity challenge has merit, it may accept a landowner's curative amendment, with or without revision, or may adopt an alternative amendment which will cure the challenged defects.
C.
If a municipality does not accept a landowner's curative amendment brought in accordance with this section and a court subsequently rules that the challenge has merit, the court's decision shall not result in a declaration of invalidity for this entire chapter and Zoning Map, but only for those provisions which specifically relate to the landowner's curative amendment and challenge.
§ 27-2404 Landowner Petitions.
[Ord. 95-07, 12/14/1995, § 2303]
Whenever the owners of 50% or more of the total area of any zoning district shall 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, it shall be the duty of the Board to hold a public hearing. Such hearings shall comply with the provisions of § 27-2402.