Potter Township City Zoning Code
ARTICLE VI
Amendments and Certain Notices of Actions and Decisions
§ 210-108 General provisions.
The Board of Supervisors may introduce and/or consider amendments to this chapter and to the Zoning Map as proposed by a member of the Board of Supervisors, the Planning Commission, or by a petition of a person or persons residing or owning property within the Township.
§ 210-109 Petitions.
Petitions for amendments shall be filed with the Zoning Officer; and the petitioners, upon such filing, shall pay an advertising deposit and a filing fee, in accordance with a fee schedule fixed by the Board of Supervisors' resolution.
§ 210-110 Referral.
Any proposed amendment presented to the Board of Supervisors without written findings and recommendations from the Township of Potter Planning Commission and the Beaver County Planning Commission shall be referred to those agencies for their review and recommendations prior to the public hearing by the Board of Supervisors. The Board of Supervisors shall not hold a public hearing upon such amendments until required reviews and recommendations are received or the expiration of 30 days from the date that such proposed amendments were submitted to the Township of Potter and the Beaver County Planning Commission. (See also Section 304 of the MPC.[1])
[1]
Editor's Note: See 53 P.S. § 10304.
§ 210-111 Action.
A.
Before acting upon a proposed amendment, the Board of Supervisors shall, as required by law, hold a public hearing thereon. Public notice of such hearing is required and shall contain a brief summary of the proposed amendment and reference to the place where copies of the same be examined, and shall be published in accordance with the provisions of the MPC. If the proposed amendment involves a change to the Zoning Map, notice of the public hearing shall be posted at the affected tract in accordance with Section 609 of the MPC[1] at least one week prior to the date of the hearing.
[1]
Editor's Note: See 53 P.S. § 10609.
B.
In addition to the requirements that notice be posted 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 to which real estate tax bills are sent for all property located within the area being rezoned, as evidenced by tax records within the possession of the Township. 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.
§ 210-112 Curative amendments.
A.
A landowner who desires to challenge, on substantive grounds, the validity of this chapter or the 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 Section 916 of the MPC (Act 247), as amended.[1] The Board of Supervisors shall commence a hearing thereon within 60 days. As with other proposed amendments, the curative amendment shall be referred to the Township of Potter Planning Commission and the Beaver County Planning Commission at least 30 days before the hearing is conducted by the Board of Supervisors. Public notice shall be given in accordance with applicable provisions of the MPC. The hearings shall be conducted in accordance with instructions as set forth by Section 916.[2] The findings, actions, and considerations of the Board of Supervisors shall be in accordance with Section 609.1 of the MPC.[3]
§ 210-113 Provision for optional notices.
In accordance with the provisions of Act 39 of 2008 and Section 108 of the Pennsylvania Municipalities Planning Code,[1] the Township of Potter may publish a notice of municipal action. This notice may include amendments to this chapter or certain decisions that have been entered under this chapter. Typically, these decisions would be the approval of conditional uses or special exceptions. Such notices shall include, among other items, any amendments to this chapter or the Zoning Map, decisions concerning conditional uses or special exceptions or any other decision as defined by Sections 107 and 108 of the Pennsylvania Municipalities Planning Code.[2] Such notices are intended to set limits on the time for certain challenges.
B.
Content of a notice of a decision entered under this chapter. Said notice may contain:
(1)
The name of the applicant or owner of the subject property.
(2)
Street address, location of the property.
(3)
The type of decision and the file or docket number of the decision.
(4)
A brief description of the nature of the decision.
(5)
The date of the decision.
(6)
Address and business hours of the Township Building where the decision can be read by the public.
C.
Statement of purpose. Notices provided under this section may contain the following statement: "The publication of this announcement is intended to provide notification of the adoption of an ordinance or entering a decision and that any person claiming a right to challenge the validity of the procedures or the process of adoption or enactment of the ordinance or decision must bring a legal action within 30 days of the publication of the second notice on this matter."
D.
Notice. This notice shall be published in a newspaper of general publication once each week for two successive weeks. The dates of publication shall be included in the notice.
E.
Proof of publication. The Township shall obtain and keep in its records a proof of publication of the notice.