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Upper Uwchlan Township
City Zoning Code

ARTICLE XXI

Amendments

§ 200-133 Power of amendment.

The Board of Supervisors may from time to time amend, supplement, change, modify or repeal this chapter including the Zoning Map. The Board of Supervisors, by resolution adopted at a stated or special meeting, shall fix the time and place of a public hearing on the proposed change, amendment, or repeal and cause notice thereof to be given as follows:
A. 
By publishing a notice of the time and place of the hearing not more than 30 days and not less than seven days in advance of the date fixed for the hearing in a newspaper of general circulation in the Township. Such notice shall be published once each week for two successive weeks.
B. 
In addition to the content requirements of Section 610 of the Pennsylvania Municipalities Planning Code, as amended,[1] the notice shall also set forth the principal provisions of the proposed change, amendment or repeal in reasonable detail and a reference to a place in the Township where copies of the proposed change, amendment or repeal may be examined or purchased at a charge not exceeding the cost thereof. Full opportunity to be heard will be given to any citizen and all interested parties attending such hearing. In addition, 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.
[1]
Editor's Note: See 53 P.S. § 10610.

§ 200-134 Landowner's petition.

A landowner or group of landowners in a district may present to the Board of Supervisors, a petition, duly signed and acknowledged, requesting an amendment, supplement, change, modification or repeal of any of the regulations or restrictions prescribed by this chapter for their district; or a change or modification of the Zoning Map with reference to such district. It shall be the duty of the Board of Supervisors to hold a public hearing thereon and cause notice thereof to be given in the manner prescribed in § 200-133A above.

§ 200-135 Planning Commission referral.

The Board of Supervisors shall refer each petition or proposal for change or amendment to the Township Planning Commission, and County Planning Commission at least 30 days prior to the hearing, which shall consider whether or not such proposed change or amendment would be, in the view of the Commission, consistent with and desirable in furtherance of the Comprehensive Plan upon which this chapter is based, as the same may be modified from time to time. The Commission shall transmit its conclusion thereon, together with its reasons therefor, to the Board of Supervisors within 30 days. The Board of Supervisors shall take such conclusion and reasons into consideration in reaching its decision, but shall not be bound thereby.

§ 200-136 Curative amendment procedures.

A landowner who desires to challenge, on substantive grounds, the validity of this chapter or Zoning Map, or any provision thereof 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 609.1 of the Pennsylvania Municipalities Planning Code, as amended.[1]
[1]
Editor's Note: See 53 P.S. § 10609.1.

§ 200-137 Hearings.

At any public hearing on a proposed change or amendment, opportunity to be heard shall be given to any citizen. The Board of Supervisors shall take the recommendations of the Township and County Planning Commission into consideration in reaching its decision, but shall not be bound thereby. The Board of Supervisors shall have the power to adopt general or special rules of procedure for the conduct of any such hearing provided that, under §§ 200-120, 200-121 and 200-123, the hearings shall be conducted in accordance with the following procedures:
A. 
The Board of Supervisors shall conduct a hearing thereon within 60 days of the receipt of written request.
B. 
The Chairman or, in his absence, the Acting Chairman, shall have the power to administer oaths and issue subpoenas to compel the attendance of witnesses and the production of relevant documents and papers, including witnesses and documents requested by the parties.
C. 
The parties shall have the right to be represented by counsel and shall be afforded the opportunity to respond and present evidence and argument and cross-examine adverse witnesses.
D. 
Even though formal rules of evidence shall not apply, irrelevant, immaterial or unduly repetitious evidence may be excluded.
E. 
The Board of Supervisors shall keep a stenographic record of the proceedings and copies of graphic or written material received in evidence shall be made available at cost to any party.

§ 200-138 Decisions of Board of Supervisors.

All enactments of amendments to the chapter or map shall be read at public meetings of the Board of Supervisors and copies can be examined at the Township Building during regular hours. The Board of Supervisors shall make a decision within a reasonable amount of time after the close of the last hearing on the request unless the time is extended by mutual consent by the landowner and the Board of Supervisors. Should the Board fail to act on the landowner's request within the designated time, the request is denied. When a decision has been made by the Board of Supervisors, a written copy of the decision shall be delivered to the landowner personally or mailed to him not later than the day following its date. Within 30 days after enactment, a copy of the amendment to this chapter shall be forwarded to the County Planning Commission.