Londonderry Township Chester County
City Zoning Code
City Zoning Code
ARTICLE XXIII
Amendments
§ 170-170 Power of amendment.
[Amended 11-13-2001; 4-8-2003 by Ord. No. 3-2003]
The Board of Supervisors may from time to time amend, supplement, change, modify, or repeal this chapter, including the Zoning Map. Any amendment, supplement, reclassification or change may be initiated by the Planning Commission, Board of Supervisors or by a petition to the Board of Supervisors from the owner(s) of the property proposed to be changed. 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 in accordance with the procedures set forth in the Municipalities Planning Code[1] as from time to time amended.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
§ 170-171 Planning Commission referral.
The Board of Supervisors shall refer each petition or proposal for change or amendment whether under this article or under another article to the Planning Commission which shall consider whether or not such proposed change or amendment would be, in the view of the Planning 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 Planning Commission shall transmit its conclusion thereon, together with its reasons therefor, to the Board of Supervisors 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. At least 30 days prior to the public hearing on the amendment, the Township shall submit the proposed amendment to the Chester County Planning Commission for recommendations.
§ 170-172 Curative amendments.
A.
Landowner originated. A landowner who desires to challenge on substantive grounds the validity of this chapter or the Zoning Map, or any provisions 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 request that his challenge and proposed amendment be heard and decided as provided for in Section 916.1 of the Act. The Board of Supervisors shall commence a hearing thereon within 60 days of the request. The curative amendment shall be referred to the Township Planning Commission and the Chester County Planning Agency as provided heretofore. The hearing shall be conducted in accordance with Subsections D to H of § 170-161 of this chapter.
B.
Originated curative amendments.
(1)
The Board of Supervisors, by formal action, may declare this chapter, or portions thereof, substantively invalid and propose to prepare a curative amendment to overcome such invalidity. Within 30 days following such declaration and proposal the Board of Supervisors shall:
(2)
Within 180 days from the date of the declaration and proposal, the Board of Supervisors shall enact a curative amendment to, or reaffirm the validity of, this chapter pursuant to the provisions required by Section 609 of the Act,[1] to cure the declared invalidity of this chapter.
[1]
Editor's Note: See 53 P.S. § 10609.
C.
Upon the initiation of the procedures, as set forth in Subsection A hereof, the Board of Supervisors shall not be required to entertain or consider any landowner's curative amendment filed under Section 609.1 of the Act or § 170-172 herein, nor shall the Zoning Hearing Board be required to give a report requested under Section 909.1 or 916.1 of the Act subsequent to the declaration and proposal based upon the grounds identical to or substantively similar to those specified in the resolution required by Subsection B(1)(a) hereof. Upon completion of the procedures as set forth in Subsection B(1) and (2) hereof, no rights to a cure pursuant to the provisions of Section 609.1 and 916.1 of the Act shall, from the date of the declaration and proposal, accrue to any landowner on the basis of the substantive invalidity of the unamended zoning ordinance for which there has been a curative amendment pursuant to Subsection B hereof.
D.
The Board of Supervisors, having utilized the procedures as set forth in Subsection B hereof, may not again utilize said procedure for a thirty-six-month period following the date of the enactment of a curative amendment, or reaffirmation of the validity of this chapter pursuant to Subsection B(2) hereof; provided, however, if after the date of declaration and proposal there is a substantially new duty or obligation imposed upon the Township by virtue of a change in statute or by virtue of a Pennsylvania Appellate Court decision, the Township may utilize the provisions of this subsection to prepare a curative amendment to its ordinance to fulfill said duty or obligation.
§ 170-173 Curative amendment fees.
Upon receipt of an application for a curative amendment, the applicant shall submit a sum to be set by the Board of Supervisors to cover costs of the hearings. The Board or the Board of Supervisors shall collect the fee prior to the start of any hearings or each hearing held on the application.