Springfield Township York County
City Zoning Code
City Zoning Code
ARTICLE XII
Amendments
§ 500-119 Power of amendment.
The Board of Supervisors may, from time to time, amend, supplement, change, modify, or appeal this chapter, including the Zoning Map.[1] When doing so, the Supervisors shall proceed in the manner prescribed in this article.
§ 500-120 Initiation of amendment.
Proposals for amendment, supplement, change, modification, or repeal may be initiated by the Board of Supervisors on its own motion, by the Planning Commission, or by petition or curative amendment of one or more owners of property to be affected by the proposed amendment, subject to the following provisions:
A.
Proposals originated by the Board of Supervisors. Any proposed amendment, supplement, change, modification, or repeal of the chapter originated by the Board of Supervisors shall be referred to the Township Planning Commission. Within 30 days of the submission of said proposal, the Planning Commission shall submit to the Supervisors a report containing the Commission's recommendations, including any additions or modifications to the original proposal.
B.
Proposals originated by the Planning Commission. The Planning Commission may at any time transmit to the Board of Supervisors any proposal for the amendment, supplement, change, modification, or repeal of this chapter.
C.
Proposals originated by a landowner. One or more owners of property affected by this chapter may petition to amend or change the chapter. Such petition shall be submitted, in writing, to the Township Secretary, together with a fee as specified by a fee schedule adopted by resolution of the Board of Supervisors to cover costs, no part of which shall be returnable to the landowner. On receipt, the Township Secretary shall transmit a copy of the petition to the Planning Commission. Within 30 days of this submission to the Commission, the Commission shall submit to the Board of Supervisors a report containing the Commission's recommendations, including any additions or modifications of the original proposal.
D.
Proposals by curative amendment. A landowner who desires to challenge the validity of this chapter 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 916.1 of the Pennsylvania Municipalities Planning Code (53 P.S. § 10516.1). Prior to commencement of hearings upon any proposed curative amendment, however, the proposed amendment shall be referred to the Planning Commission, and no action shall be taken thereon by the Board of Supervisors until such time as the Planning Commission shall submit to the Board of Supervisors its written recommendation relative thereto or until the expiration of 30 days from the time of submission by the Board of Supervisors to the Planning Commission of said curative amendment, whichever shall first occur.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
§ 500-121 Review by County Planning Commission.
At least 30 days prior to the public hearing on any proposed amendment to this chapter, the Township shall submit the proposed amendment to the York County Planning Commission for recommendations. The recommendations of the County Planning Commission shall be submitted to the Township Secretary prior to the scheduled hearing on such amendment; if not so received, the recommendations of the County Planning Commission shall be considered to be favorable.
§ 500-122 Public hearing.
Upon receipt of the Township Planning Commission's recommendations and before voting on any proposed amendment to the chapter, the Board of Supervisors shall hold a public hearing thereon pursuant to public notice. For cases involving a landowner's curative amendment, the public hearing shall commence within 60 days submission with the Township Secretary. 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 Supervisors shall hold another public hearing, pursuant to public notice, before proceeding to take action on the amendment.
§ 500-123 Amendments involving Zoning Map changes.
If the proposed amendment involves a Zoning Map change, notice of the public hearing shall be conspicuously posted on the affected parcel or area by the Township at points deemed sufficient by the municipality along the affected parcel or area to notify potentially interested citizens. The property shall be posted at least one week prior to the date of the hearing. Written notice shall be given to parties of interest who shall include the applicant, those persons whose properties adjoin or are directly across public streets from the property in question, and to any person who has made a timely request for same.
§ 500-124 Action upon amendment.
A.
Proposed zoning amendments shall not be enacted unless notice of proposed enactment is given in the manner set forth in this section. The notice 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 amendment may be examined without charge or obtained for a charge not greater than the cost thereof. The Township shall publish the proposed amendment once in one newspaper of general circulation in the Township not more than 60 days nor less than seven days prior to passage. Publication of the proposed amendment shall include either the full text thereof or the title and a brief summary, prepared by the Township Solicitor, and setting forth all the provisions in reasonable detail. If the full text is not advertised, then:
(1)
A copy thereof shall be supplied to a newspaper of general circulation in the Township at the time the public notice is published; and
(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 not greater than that necessary to cover the actual cost of storing said ordinance.
(3)
At the time of filing a petition to amend or change the ordinance, the petitioner shall submit a fee in an amount as then currently established by resolution of the Board of Supervisors. The fee is established to reimburse the Township for costs incurred by the Township in connection with the petitioner's hearing before the Board of Supervisors. Such costs may include a shared appearance fee for a stenographer, notice for advertising costs and necessary administrative overhead connected with the hearing. The costs, however, may not include legal, engineering, architectural or other technical consultants or expert witnesses. Upon completion of the hearing, the petitioner shall be billed for expenses in excess of the deposit, if any. No permit or other activity may be granted to, or allowed to proceed for, the petitioner until such expenses are reimbursed to the Township in full. Any fee hereunder shall be nonrefundable.
B.
In the event substantial amendments are made in the proposed amendment, before voting on enactment, the Board of Supervisors 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.
Enactment of any proposed amendment shall be by the favorable vote of the Board of Supervisors. Any proposed amendment favorably acted upon shall be specifically found to be in accordance with the spirit and intent of the Township Comprehensive Plan Update.
D.
Within 30 days after enactment, a copy of the amendment, as approved, shall be forwarded to the York County Planning Commission.