Radnor Township City Zoning Code
ARTICLE XXV
Amendments
§ 280-146 Power of amendment.
The Board of Township Commissioners may from time to time amend, supplement, change, modify or repeal this chapter, including the Zoning Map, by proceeding in the manner indicated in this article.
§ 280-147 Notice of public hearing on proposed amendments.
[Amended 5-23-1983 by Ord. No. 83-18; 6-11-1990 by Ord. No. 90-26; 10-22-1990 by Ord. No. 90-48; 4-27-1998 by Ord. No. 98-03]
The Board of Commissioners shall, during a public meeting, fix the time and place of a public hearing on a proposed zoning amendment and cause notice thereof to be given as follows:
A.
By publishing a legal notice thereof once a week for two consecutive weeks in a newspaper of general circulation within the Township as provided for in § 9.02 of the Home Rule Charter. Such notice shall state the date, place, time and particular nature to be considered at the public hearing. The first publication shall not be more than 30 days and the second publication shall not be less than seven days from the public hearing.
B.
By mailing a notice thereof to contiguous municipalities, the Township school district and residents or associations of residents within the Township who have registered their names and addresses for this purpose with the Department of Community Development. The Board of Commissioners may fix an annual fee for provisions of notices to such registered persons or associations.
C.
Where the proposed amendment involves a Zoning Map change, notice of the public hearing shall be mailed to every property to be affected and to every property in the Township which is located on the same street and is within 1,000 feet of the land in question and to every property not on the same street within 500 feet of said land. Notice of the public hearing shall also be posted in conspicuous locations along street frontages of the tract to notify potentially interested citizens. Such notices shall be posted at least one week prior to the hearing.
§ 280-148 Township and County Planning Commission referral.
[Amended 10-22-1990 by Ord. No. 90-48]
A.
Any proposed amendment, other than one originated by the Township Planning Commission, shall be referred by the Board, at least 30 days prior to the hearing on the amendment, to the Township Planning Commission. That Commission shall consider whether or not the proposed amendment would be, in its view, consistent with the desirable in furtherance of the plan therein referred to for future land use. The Township Planning Commission shall transmit its conclusion thereon, together with its reasons therefor, to the Board. The Board shall take such conclusion and reasons into consideration in reaching its decision, but shall not be bound thereby.
B.
All proposed amendments shall be submitted by the Board to the Delaware County Planning Department for review and comment, in accordance with the terms of Article VI of the Municipalities Planning Code.[1] The Board shall not act upon the proposed amendment until a report is received from the County Planning Department or the time period for such a response has elapsed. The Board shall not be bound by the recommendations of the County Planning Department.
[1]
Editor's Note: See 53 P.S. § 10603.1 et seq.
§ 280-149 Citizens' petition for amendment.
[Amended 10-22-1990 by Ord. No. 90-48]
Whenever the owners of 50% or more of the frontage in any district or part thereof wherein a change of zoning regulations is sought shall present to the Board of Township Commissioners a petition duly signed and acknowledged requesting an amendment, supplement, change, modification or repeal of the regulations prescribed for or of the Zoning Map including such district or part thereof, it shall be the duty of the Board of Commissioners to hold a public hearing thereon and cause notice thereof to be given in a manner prescribed in § 280-147.
§ 280-150 Application fees and deposits.
[Added 10-22-1990 by Ord. No. 90-48]
Applicants to the Board of Commissioners on the amendment, change or modification to the provisions of this chapter shall, upon filing of such application, pay the appropriate fee established by the Township for such application. In addition to the payment of said filing fee, such applicant shall, at the time, deposit the appropriate sum established by the Township for each application to cover the costs of advertising and aforesaid notice, appropriate share of stenographic service and any other expense incurred in connection with such application; provided, however, that if the total of the aforesaid costs and expenses incurred in connection with such application shall be less than the amount paid by the applicant, the excess of the deposit over the total of the aforesaid costs and expenses shall be refunded to the applicant. In no event shall any of the filing fee be refunded.
§ 280-151 Residents' rights at hearing.
[Amended 10-22-1990 by Ord. No. 90-48]
At any public hearing on a proposed amendment, full opportunity to be heard shall be given to any resident of the Township and all parties in interest.
§ 280-152 Requirements for planned development.
[Amended 10-22-1990 by Ord. No. 90-48]
Applications to create a Planned Apartment, Planned Business or Planned Laboratory-Office District shall comply with the plan requirements of § 280-132.
§ 280-153 Curative amendments.
§ 280-154 Enactment of amendments.
[Added 10-22-1990 by Ord. No. 90-48]
A.
In the event that substantial amendments are made to the proposed amendment, then the Board, at least 10 days prior to the scheduled vote on enactment, shall readvertise, in a newspaper of general circulation within the Township, a brief summary setting forth all the provisions in reasonable detail, together with a summary of the proposed amendments. The Board also shall readvertise any proposed amendment where the scheduled date of enactment is more than 60 days following the date of the last advertisement of the proposed amendment.
B.
Within 30 days after enactment, a copy of the amendment shall be forwarded to the Delaware County Planning Department.