Shaler Township City Zoning Code
ARTICLE XVII
Amendments
§ 225-199 Power of Commissioners.
Whenever the public necessity, convenience or general welfare indicates, the Board of Commissioners may, by ordinance in accordance with the Municipalities Planning Code[1] and the applicable laws of the Commonwealth of Pennsylvania, amend, supplement or change this chapter or the regulations, restrictions, boundaries or classifications of buildings, structures and land, as the same are established by this chapter or may hereafter be made a part hereof. The rezoning of any district or portion of any district can be accomplished only by amendment to this chapter and the Zoning Map.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
§ 225-200 Applications for amendments; fees.
Applications and petitions by interested parties or entities for any changes or amendments to an existing zoning district in the Township of Shaler or for a change in the Zoning Map or for a curative amendment shall be made to the Manager of the Township of Shaler and shall be accompanied with a fee as set by the Board of Commissioners and revised from time to time and with a guaranty that the applicant shall reimburse the Township for all reasonable expenditures associated with the application. This fee is for the purpose of defraying the costs of preparing the necessary data, ordinance and notices and is not refundable, except to the extent hereinafter set forth, even though the application is disapproved by the Board of Commissioners. Any portion of said fee which is in excess of the actual direct and indirect costs incurred by the Township of Shaler in processing said applications and petitions shall be refundable to the applicant or petitioner. In the case where a curative amendment or challenge is successfully upheld by a court, the entire fee shall be refunded to the applicant. The Board of Commissioners may, from time to time by resolution, either increase or decrease said fee.
§ 225-201 Amendment procedure.
A.
Before voting on the enactment of an amendment, the Board of Commissioners shall hold a public hearing thereon, pursuant to public notice and pursuant to mailed notice and electronic notice to an owner of a tract or parcel of land located within the Township, or an owner of the mineral rights in a tract or parcel of land within the Township who has made a timely request in accordance with Section 109 of the MPC. In addition, if the proposed amendment involves a Zoning Map change, notice of said public hearing shall be conspicuously posted by the Township at points deemed sufficient by the Board of Commissioners 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.
B.
In the case of an amendment other than that prepared by the Planning Commission, the Board of Commissioners shall submit each such amendment to the Planning Commission at least 30 days prior to the hearing on such proposed amendment to provide the Planning Commission an opportunity to submit recommendations.
C.
If after any public hearing held upon an amendment the proposed amendment is changed substantially or is revised to include land previously not affected by it, the Board of Commissioners shall hold another public hearing, pursuant to public notice, mailed notice and electronic notice, before proceeding to vote on the amendment.
D.
At least 45 days prior to the public hearing on the amendment by the Board of Commissioners, the Township shall submit the proposed amendment to the County Planning Agency for recommendations.
E.
The Township may offer a mediation option as an aid in completing proceedings authorized by this section. In exercising such an option, the Township and mediating parties shall meet the stipulations and follow the procedures set forth in Article IX of the Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10901 et seq.
F.
Within 30 days after enactment, a copy of the amendment to this chapter shall be forwarded to the county planning agency.
§ 225-202 Curative amendments.
§ 225-203 Publication, advertisement and availability of ordinances.
A.
Proposed zoning ordinances and amendments shall not be enacted unless notice of proposed enactment is given in the manner set forth in this section and shall include the time and place of the meeting at which passage will be considered, a reference to a place within the Township where copies of the proposed ordinance or amendment may be examined without charge or obtained for a charge not greater than the cost thereof. The Board of Commissioners shall publish the proposed ordinance or amendment once in one newspaper of general circulation in the municipality not more than 60 days nor less than seven days prior to passage. Publication of the proposed ordinance or amendment shall include either the full text thereof or the title and a brief summary, prepared by the Municipal Solicitor and setting forth all the provisions in reasonable detail. If the full text is not included:
(1)
A copy thereof shall be supplied to a newspaper of general circulation in the Township at the time the public notice is published.
(2)
An attested copy of the proposed ordinance shall be filed in the County Law Library or other county office designated by the County Commissioners, who may impose a fee no greater than that necessary to cover the actual costs of storing said ordinances.
B.
In the event that substantial amendments are made in the proposed ordinance or amendment, before voting upon enactment the Board of Commissioners shall, at least 10 days prior to enactment, readvertise in one newspaper of general circulation in the Township a brief summary setting forth all the provisions in reasonable detail, together with a summary of the amendments.
C.
Zoning ordinances and amendments may be incorporated into official ordinance books by reference with the same force and effect as if duly recorded therein.