North Coventry Township
City Zoning Code
City Zoning Code
ARTICLE XVIII
Amendments
§ 370-155 Power of amendment.
The Board of Supervisors may from time to time amend, supplement, change, modify or repeal this chapter, including the Zoning Map. The Board of Supervisors, before voting on the enactment of a zoning amendment, shall hold a public hearing thereon, pursuant to public notice.
A.
Where the proposed amendment involves a Zoning Map change, notice of said public hearing shall be conspicuously posted by the Township along the tract at points deemed sufficient by the Township, the affected tract or area shall be posted at least one week prior to the date of the hearing.
B.
In addition to the requirement for posting under Subsection A, where the proposed amendment involves a Zoning Map change, notice of the public hearing shall be mailed by the Township at least 30 days prior to the date of the hearing by first class mail to the addresses within which real estate bills are sent for all real property located within the area being rezoned, as evidenced by tax records within the possession of the Township. The notice shall include the location, date, and time of the public hearing. A good faith effort and substantial compliance shall satisfy the requirements of this subsection.
§ 370-156 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 Township Planning Commission and County Planning Commission at least 30 days prior to the hearing on such proposed amendment. The Township Planning Commission shall consider whether or not such proposed change or amendment would be, in the view of the 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 Commission shall transmit its conclusion thereon, together with its reasons therefor, to the Board of Supervisors within 30 days of receiving the proposed amendment. The Board of Supervisors shall take such conclusion and reasons into consideration in reaching its decision, but shall not be bound thereby.
§ 370-157 Curative amendment procedures.
A.
Landowner curative amendments. 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 a curative amendment to the Board of Supervisors with a written request that his challenge and proposed amendment be heard and decided as provided in Sections 609.1 and 916.1 of the Pennsylvania Municipalities Planning Code, as amended.[1]
[1]
Editor's Note: See 53 P.S. §§ 10609.1 and 10916.1.
B.
Township curative amendments. 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 Pennsylvania Municipalities Planning Code, as amended.[2]
[2]
Editor's Note: See 53 P.S. § 10609.2.
§ 370-158 Hearings.
At any public hearing on a proposed change or amendment, opportunity to be heard shall be given to any citizen. The Board of Supervisors shall take the recommendations of the Township and County Planning Commissions into consideration in reaching its decision, but shall not be bound thereby. The Board of Supervisors shall have the power to adopt general or special rules of procedure for the conduct of any such hearing, except that in the case of a challenge to the ordinance filed under § 370-157A (Landowner curative amendments), hearings shall be conducted in accordance with Section 609.1(b) and Section 908 of the Pennsylvania Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10609.1(b) and 10908.
§ 370-159 Decisions of the Board of Supervisors.
All enactments of amendments to the chapter or map shall be read at public meetings of the Board of Supervisors and copies can be examined at the Township Building during regular hours. The Board of Supervisors shall make a decision within 45 days after the close of the last hearing on the request unless the time is extended by mutual consent by the landowner and the Board of Supervisors. Should the Board of Supervisors fail to act on the landowner's request within the designated time, the request is denied. When a decision has been made by the Board of Supervisors, a written copy of the decision shall be delivered to the landowner personally or mailed to him not later than the day following its date.