West Cocalico Township
City Zoning Code
City Zoning Code
PART 26
AMENDMENTS AND VALIDITY
§ 27-2601 Amendments.
[Ord. 116, 9/7/2011, § 2600]
The West Cocalico Township Board of Supervisors may from time to time as hereinafter provided, amend, supplement, change, or repeal this chapter or any part of this chapter or the Official Zoning Map of the Township. Any amendment, supplement, change, or repeal may be initiated by the Board of Supervisors, the Township Planning Commission, or by a petition to the Board of Supervisors by one or more owners of property to be affected by the proposed amendment.
§ 27-2602 Procedure for Petition to the Board of Supervisors by Property Owners.
[Ord. 116, 9/7/2011, § 2601]
1.
Petition Requirements. The petition for amendment, supplement, change, or repeal shall be submitted in duplicate and contain information to identify:
A.
The petitioner.
B.
The amendment, supplement, change, or repeal.
C.
The petitioner's interest in the amendment, supplement, change, or repeal.
In instances where the petition requests a change in the boundaries of a zoning district on the Official Zoning Map, an accurate legal description and surveyed plan of any land to be rezoned shall be provided and shall be signed by at least one record owner of the property in question whose signature shall be notarized attesting to the truth and correctness of all the facts and information presented in the petition. A fee to be established by resolution by the Board of Supervisors shall be paid upon the filing of such petition for change and for the purpose of defraying the costs of the proceedings. |
2.
Procedure for Petition Consideration. After receipt of the petition by the Board of Supervisors, the Zoning Officer shall simultaneously transmit said petition to the West Cocalico Township and Lancaster County Planning Commissions for their review and recommendations. A report of the review of the Township Planning Commission, together with any recommendations, shall be given to the Board of Supervisors in writing within 30 days from the date of said referral. The recommendation of the Township Planning Commission shall include a specific statement as to whether or not the proposed action is in accordance with the intent of the West Cocalico Township Strategic Plan and the Strategic Comprehensive Plan for the Cocalico Region. The Township shall, at least 30 days prior to the public hearing on the requested amendment by the Township, submit the proposed amendment to the Lancaster County Planning Commission for recommendations.
3.
Petition Exempted from Standard Procedure. When the Zoning Officer determines that the petition for change is substantially the same as a petition submitted within six months previous, he shall transmit the petition to the Board of Supervisors who shall instruct the Zoning Officer to process the petition as specified in this Part or, stating their reasons, refuse to take further action on the petition.
§ 27-2603 Amendment Initiated by the Township Planning Commission.
[Ord. 116, 9/7/2011, § 2602]
When an amendment, supplement, change, or repeal is initiated by the Township Planning Commission, a report of the proposed amendment, supplement, change, or repeal shall be presented to the Zoning Officer. Said proposal shall be processed in the same manner as a petition filed under § 27-2602 with the exception that no review of the petition is required by the Township Planning Commission.
§ 27-2604 Amendment Initiated by the Board of Supervisors.
[Ord. 116, 9/7/2011, § 2603]
When an amendment, supplement, change, or repeal is initiated by the Board of Supervisors, said proposal shall be processed in the same manner as a petition filed under § 27-2602 of this chapter.
§ 27-2605 Curative Amendment by a Landowner.
[Ord. 116, 9/7/2011, § 2604]
1.
Procedure.
A.
A landowner who desires to challenge on substantive grounds, the validity of this chapter or the Zoning Map or any provision thereof which prohibits or restricts the use or development of land in which such landowner has an interest may submit a curative amendment to the Board of Supervisors with a written request that its challenge and proposed amendment be heard and decided as provided in the MPC. The Board of supervisors shall fix a reasonable time and place for the hearing and shall give notice as required by the MPC. The Board of Supervisors shall conduct all hearings on the curative amendment and shall render its decision within the time limits and in the manner required by the MPC.
B.
If the Township does not accept a landowner's curative amendment brought in accordance with this subsection and a court subsequently rules that the challenge has merit, the court's decision shall not result in a declaration of invalidity for the entire zoning ordinance and map, but only for those provisions which specifically relate to the landowner's curative amendment and challenge.
C.
When the Board of Supervisors has determined that a validity challenge has merit, it may accept a landowner's curative amendment, with or without revision, or may adopt an alternative amendment which will cure the challenged defects. The Board of Supervisors shall consider the curative amendments, plans and explanatory material submitted by the landowner and shall also consider:
(1)
The impact of the proposal upon roads, sewer facilities, water supplies, schools, and other public service facilities.
(2)
If the proposal is for a residential use, the impact of the proposal upon regional housing needs and the effectiveness of the proposal in providing housing units of a type actually available to and affordable by classes of persons otherwise unlawfully excluded by the challenged provisions of the ordinance or map.
(3)
The suitability of the site for the intensity of use proposed by the site's soils, slopes, woodland, wetlands, floodplains, aquifers, natural resources, and other natural features.
(4)
The impact of the proposed use on the site's soils, slopes, woodlands, wetlands, floodplains, natural resources and natural features, the degree to which these are protected or destroyed, the tolerance of the resources to development, and any adverse environmental impacts.
(5)
The impact of the proposal on the preservation of agriculture and other land uses which are essential to public health and welfare.
(6)
Any comments or submissions provided to the Board by the Township or County Planning Commission, if a referral of the petition to them is made.
§ 27-2606 Curative Amendment by the Board of Supervisors.
[Ord. 116, 9/7/2011, § 2605]
1.
The Board of Supervisors, by formal action, may declare this chapter or portions thereof substantively invalid and propose to prepare a curative amendment to overcome such invalidity.
A.
Procedure.
(1)
The Board of Supervisors shall declare by formal action its Zoning Ordinance or portions thereof substantively invalid and propose to prepare a curative amendment to overcome such invalidity. Within 30 days following such declaration, the Board of Supervisors shall:
(a)
By resolution, make specific findings setting forth the declared invalidity of this chapter or portions thereof which may include:
(2)
Within 180 days from the date of the declaration and proposal, the Board of Supervisors shall enact a curative amendment to, or reaffirm the validity of, this chapter pursuant to the provisions required by § 27-2602 to cure the declared invalidity of this chapter.
(3)
Within 180 days from the date of the declaration, the Board of Supervisors shall not be required to entertain or consider any curative amendment filed by a landowner, nor shall the Zoning Hearing Board be required to give a report, upon request, for a challenge to the validity of this chapter under § 27-2403 or for a unified appeal under § 27-2404.D, subsequent to the declaration and proposal, based upon the grounds identical to or substantially similar to those specified in the resolution required by this section. Upon the enactment of a curative amendment to, or the reaffirmation of the validity of this chapter, no rights to a cure by amendment or challenge shall, from the date of the declaration and proposal, accrue to any landowner on the basis of the substantive invalidity of the unamended zoning ordinance for which the Board of Supervisors propose to prepare a curative amendment.
(4)
The Board of Supervisors, having utilized the procedures as set forth in this section, may not again utilize said procedures for a thirty-six-month period following the date of the enactment of a curative amendment, or reaffirmation of the validity of the Chapter; provided however, that if after the date of declaration and proposal there is a substantially new duty or obligation imposed upon the Township by virtue of a Pennsylvania Appellate Court decision, the Board of Supervisors may utilize the provisions of this section to prepare a curative amendment to the Chapter to fulfill this duty or obligation.
§ 27-2607 Public Notice.
[Ord. 116, 9/7/2011, § 2606]
The Board of Supervisors shall fix a reasonable time and place for the public hearing on any proposed amendment to this chapter or to the Zoning Map. The Board of Supervisors shall provide notice of the public hearing and consideration for enactment of such proposed ordinance in accordance with the MPC.
§ 27-2608 Validity.
[Ord. 116, 9/7/2011, § 2607]
Should any Section or provision of this chapter be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of this chapter as a whole or of any other part thereof.