Middletown Township
City Zoning Code
City Zoning Code
ARTICLE XXIX
Amendments
§ 275-211 Authority.
The Township Council may from time to time amend, supplement, change, modify or repeal this chapter, including the Zoning Map, by amending the ordinance in accordance with the provisions of Article VI of the Pennsylvania Municipalities Planning Code and this section. Hereinafter, as used in this article, the term "Planning Code" shall refer to the Pennsylvania Municipalities Planning Code. In the case of a curative amendment submitted by a landowner, the special requirements of Section 609.1 and Article X of the Planning Code shall apply,[1] as well as all other applicable provisions of the Planning Code and of this article.
[1]
Editor's Note: See 53 P.S. §§ 609.1 et seq. and [now] 11001-A et seq., respectively.
§ 275-212 Amendment procedures.
A.
Before voting on the enactment of an amendment, the Township Council shall hold a public hearing thereon, pursuant to public notice as defined by this chapter.
B.
At least 30 days prior to the Township Council's hearing on a proposed zoning amendment, the Council shall submit:
(1)
Any amendment other than one prepared by the Township Planning Commission to the Township Planning Commission in order to provide the Commission with an opportunity to submit its recommendations prior to final action;
(2)
A copy of any proposed amendment to the County Planning Department. Whenever the Township Council has adopted a Comprehensive Plan or any part thereof, the recommendations of the County Planning Department shall include a specific statement as to whether or not the proposed action on any zoning amendment is in accordance with the intent of the formally adopted portion of said Comprehensive Plan; and
(3)
If the proposed amendment involves a Zoning Map change, notice of said public hearing shall be conspicuously posted by the Township along the perimeter of 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.
If, after any public hearing held upon an amendment, the proposed amendment is revised or further revised to include land previously not affected by it, the Township Council shall hold another public hearing before proceeding to vote on the amendment.
D.
Within 30 days after enactment, a copy of the amendment to the Zoning Ordinance shall be forwarded to the County Planning Department.
§ 275-213 Amendment standards.
A.
All amendments should be decided in accordance with the following standards to ensure that:
(1)
The proposed use is consistent with the purpose of the article whereby it is permitted, the overall purpose of the zoning 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 210, 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 the use is in the best overall interest of the Township. (The applicant or petitioner shall have the burden of proof to so demonstrate.)
(5)
That the proposed use will contribute to the maintenance of the health, safety, morals and general welfare of the Township.
(6)
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.
(7)
The proposed use is consistent in concept and design with other amendments for which approval has been heretofore granted.
(8)
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.
(9)
If the use is one which traditionally adheres to some unique location criteria, the site for which the use is proposed is not one which obviates such criteria.
(10)
Any proposed construction will be consistent with good design principles and sound engineering and land development practices and is in keeping with the character of any existing construction within the neighborhood.
(11)
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.
(12)
The proposed use has provided for adequate sanitation.