Solebury Township City Zoning Code
PART 31
AMENDMENTS
§ 27-3101 Power of Amendment.
[Ord. 94, 6/8/1988, § 2300]
The Board of Supervisors may, from time to time, amend, supplement, change, modify or repeal this chapter, including the Zoning Map, in accordance with the procedures established by the Pennsylvania Municipalities Planning Code and in accordance with the procedure hereinafter set forth.
§ 27-3102 Amendment Procedure; Landowner Proposals.
[Ord. 94, 6/8/1988, § 2301; as amended by Ord. 113, 1/16/1990, §§ 96, 97; and by Ord. 138, 5/26/1992, § 62]
1.
Proposals for amendment or change may be initiated by petition of one or more owners of property to be affected by the proposed amendment, subject to the following provisions:
A.
Every such proposed amendment or change shall be submitted to the Board of Supervisors who shall refer every proposal to the County and Township Planning Commissions for recommendation.
B.
Whenever a petition for zoning amendment is submitted, the petitioner shall submit a report to indicate that the following standards and criteria can be met:
(1)
The proposed change is consistent with the purpose of the part whereby it is sought to be permitted, the overall purpose of the zoning as contained in Part 1, and all other applicable provisions of this chapter.
(2)
The proposed change will satisfy all of the relevant provisions and requirements of the Township Subdivision and Land Development Ordinance [Chapter 22] and any other applicable codes, ordinances, and/or regulations.
(3)
There is a demonstrated need for the proposed zoning change and that it will contribute to the maintenance of the health, safety, morals and general welfare of the Township.
(4)
The proposed change 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.
(5)
The proposed change is consistent in concept and design with other amendments for which approval has been heretofore granted.
(6)
The proposed change is consistent with the logical extension of public services, and will not measurably affect the public services and utilities of the surrounding properties.
(7)
If the change 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.
(8)
Any proposed construction will be consistent with good design principles and sound engineering and development practices, and is in keeping with the character of any existing construction within the neighborhood.
(9)
The proposed change 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.
(10)
The proposed change has provided for adequate sanitation.
C.
In addition to the report required in this section, the petitioner shall submit an environmental impact assessment report in accordance with Part 25.
D.
Public Hearings.
(1)
All public hearings shall be conducted in accordance with the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq.
F.
Notice to Adjacent Property Owners. In the case of a proposed amendment by a landowner, the person submitting such amendment must notify all individuals or entities who own real estate within 500 feet of the lot(s) that is the subject of the proposed change, of the pendency of such proposed change in writing on a form approved by the Township. Such notice shall be made by certified mail, postage prepaid, to each such owner of record. Such notice shall be posted within five days of the submission of the proposed amendment and proof of delivery must be delivered to the Township within 15 days of the submission. 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. In the event that the individual or entity proposing the amendment does not furnish such proof, nor adequately explain the reason that notice was not delivered, the proposed amendment shall be dismissed.