West Caln Township City Zoning Code
ARTICLE XVIII
Amendments
§ 350-1800 Power of amendment.
The Board of Supervisors may from time to time amend, modify or repeal this chapter including the Zoning Map, in accordance with this article and Act 247, the Pennsylvania Municipalities Planning Code, as amended.
§ 350-1801 Public notice and hearings.
The Board of Supervisors may hold a public hearing on amendment proposals which it may be considering for adoption, in accordance with Section 609 of Act 247, as amended, pursuant to public notice, and the following shall be met:
A.
The Board of Supervisors shall fix the time and place of a public hearing on the proposed amendment, and shall cause public notice to be given as follows:
(1)
The Board of Supervisors before voting on the enactment of a zoning amendment, shall hold a public hearing thereon, pursuant to public notice consistent with Section 610 of Act 247, as amended, which shall include the time and place of the public hearing, a reference to the place in the Township where copies of the proposed amendment may be examined without charge or obtained for a charge not greater than the cost thereof, and the nature of the proposed amendment to be addressed including either the full text thereof or the title and a brief summary, prepared by the municipal solicitor and setting forth all of the provisions in reasonable detail.
(2)
At any public hearing on a proposed change or amendment, opportunity to be heard shall be given to any citizen.
(3)
Where 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 Township, 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 addition, where the proposed amendment involves a Zoning Map change, notice of the public hearing shall be mailed by the Township at least 30 days prior to the date of the hearing by first class mail to the addresses to which real estate tax bills are sent for all real property located within the areas being rezoned, as evidenced by tax records within the possession of the Township. The notice shall include the location, date, and time of the public hearing. A good faith effort and substantial compliance shall satisfy the requirements of this subsection. Such mailed notice shall not be necessary when the rezoning constitutes a comprehensive rezoning.
(4)
If after the public hearing held upon the proposed amendment, said amendment is changed substantially, or is revised to include land not previously affected by it, the Board of Supervisors shall hold another public hearing, pursuant to public notice in accordance with Act 247, as amended, prior to proceeding to vote on the amendment.
(5)
The Board of Supervisors shall re-advertise any proposed amendment where the scheduled date of enactment is more than 60 days following the date of last advertisement of the proposed amendment.
B.
The Board of Supervisors shall have the power to adopt general or special rules of procedure for any such public hearing.
§ 350-1802 Planning Commission referral.
The Board of Supervisors shall refer each proposed amendment, whether under this article or under another Article, pursuant to § 350-1801, being considered for adoption by Board of Supervisors to the Township Planning Commission and County Planning Commission at least 30 days prior to the hearing on such proposed amendment. The Township Planning Commission shall consider whether or not such proposed change or amendment would be, in the view of the Planning Commission, consistent with and desirable in furtherance of the Township Comprehensive Plan upon which this chapter is based, as the same may be modified from time to time. The Planning Commission shall transmit its conclusion thereon, together with its reasons therefore, to the Board of Supervisors within 30 days of receiving the proposed amendment. The Board of Supervisors shall take such conclusion and reasons into consideration in reaching its decision, but shall not be bound thereby.
§ 350-1803 Decisions of the Board of Supervisors.
All enactment of amendments to this chapter or Map can be examined at the Township Building during regular hours. Procedures for decisions regarding proposed curative amendments shall be in accordance with Section 609.1 and Section 609.2 of Act 247, as amended. Within 30 days after enactment, a copy of the amendment to this chapter shall be forwarded to the County Planning Commission.
§ 350-1804 Curative amendment procedures.
A.
Landowner curative amendments. A landowner who desires to challenge, on substantive grounds, the validity of this chapter or Zoning Map, or any provision thereof 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/her challenge and proposed amendment be heard and decided as provided in Section 916.1 of Act 247, as amended. The procedure for Landowner Curative Amendments shall be in accordance with Section 609.1 of Act 247, as amended.
B.
Township curative amendments. If the Board of Supervisors determines that this chapter or any portion thereof or amendment thereto is substantially invalid, it shall have the right to prepare a curative amendment in accordance with the procedure set forth in Section 609.2 of Act 247, as amended.
§ 350-1805 Citizen's petition for amendment.
A.
Whenever the owners of 50% or more of the area in a zoning district shall present to the Board of Supervisors a petition, duly signed and acknowledged, requesting an amendment of any regulations or restrictions prescribed by this chapter for the district in which they are located, or an amendment to 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 to be given in accordance with § 350-1801.
