West Vincent Township
City Zoning Code
City Zoning Code
ARTICLE XXX
Amendments
§ 390-232 Power of amendment.
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 provisions of this article and the Pennsylvania Municipalities Planning Code, as amended.
§ 390-233 Procedure.
The following procedure shall be observed prior to the adoption of any amendment or change to this chapter or Zoning Map:
A.
Public hearing. Prior to taking action on the enactment of any amendment, the Board of Supervisors shall hold a public hearing thereon pursuant to public notice. The time and place of public hearings shall be fixed by the Board of Supervisors. Full opportunity to be heard will be given to any resident and all parties of interest attending such hearing.
B.
Public notice.
(1)
The Board of Supervisors shall advertise public hearings by publishing a notice of the time and place such hearings shall occur in a newspaper having general circulation in the Township. Such notice shall not be more than 30 days and not less than seven days before the date fixed for the hearing. Such notice shall be published once each week for two successive weeks. The notice shall include either the full text thereof or a brief summary setting forth the principal provisions in reasonable detail and a reference to a place within the Township where copies of the proposed amendment may be examined.
(2)
Whenever a change in the Zoning Map is proposed, the Township shall forward by mail notice of such proposed change to the owner and the occupant of every lot affected by such proposed change and of every lot within 500 feet from the proposed district line, provided that failure to give notice as required by this paragraph shall not invalidate any action taken by the Board.
C.
Planning Commission referral. In the case of an amendment other than that prepared by the Township Planning Commission, the Board of Supervisors shall submit such amendment to the Planning Commission at least 30 days prior to the hearing on such proposed amendment to provide the Planning Commission an opportunity to submit recommendations. The recommendations of the Planning Commission shall be submitted in writing to the Board of Supervisors. The Planning Commission shall consider whether or not the proposed change or amendment would be, in the view of the Commission, consistent with the purposes and objectives of this chapter and desirable in furthering the Comprehensive Plan.
D.
County Planning Commission referral. The Board of Supervisors or Planning Commission shall submit all amendments to the County Planning Commission at least 30 days prior to the hearing on such proposed amendment for recommendation.
E.
Decision. The Board of Supervisors shall not take action on the proposed amendment until the Planning Commission and the County Planning Commission recommendations are made. If such recommendations are not received within 30 days from the date of the referral to these agencies, the Board of Supervisors may proceed without such recommendations. Decisions regarding amendments shall be acted on by the Board of Supervisors at a public meeting within 90 days after the public hearing. Any amendments shall be incorporated into the Official Zoning Ordinance of the Township by reference with the same force and effect as if duly reported therein.
F.
Notice of ordinance enactment. Notice of the enactment of an ordinance may be provided pursuant to the Municipalities Planning Code, although the failure to do so shall not provide a basis for of challenge the validity of such ordinance.
§ 390-234 Amendment by landowner petition.
Whenever the owners of 50% or more of the total area of any zoning district wherein a change of zoning regulations is sought shall present to the Board of Supervisors a petition duty 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 in the Zoning Map including such district or part thereof, 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 § 390-233. Applicants to the Board of Supervisors for the amendment shall, upon the filing of such application, pay the appropriate fees established by the Township for each application to cover the costs of advertising and aforesaid notice. The applicant shall pay the cost of stenographic service and any other expense incurred in connection with such application; provided, however, that if the total of the aforesaid costs and expenses does not exceed the amount provided, any difference shall be refunded to the applicant.
§ 390-235 Procedure upon curative amendments.
A.
A landowner, who desires to challenge on substantive grounds the validity of the Zoning Ordinance or Map or any provision thereof which prohibits or restricts the use or development of land in which he or she has an interest, may submit a challenge in accordance with Section 916.1 of the Municipalities Planning Code.[1] The curative amendment and challenge shall be referred to the Township Planning and County Planning Commissions as provided in § 390-233 above and notice of the hearing thereon shall be given as provided in Sections 610 and 916.1 of the Municipalities Planning Code. The hearing shall be conducted in accordance with § 390-225D through H of this chapter.
[1]
Editor's Note: See 53 P.S. § 10916.1.
B.
A landowner who has challenged on substantive grounds the validity of the Township Zoning Ordinance or map under Subsection A above shall not submit any additional substantive challenges involving the same parcel, group of parcels or part thereof until such time as the status of the landowner's original challenge has been finally determined or withdrawn; provided, however, that, if after the date of the landowner's original challenge the Township adopts a substantially new or different Zoning Ordinance or Zoning Map, the landowner may file a second substantive challenge to the new or different Zoning Ordinance or Zoning Map under Subsection A above.
§ 390-236 Applicability of ordinance amendments.
When an application for either a special exception or a conditional use has been filed with either the Zoning Hearing Board or the Board of Supervisors, as relevant, and the subject matter of such application would ultimately constitute either a land development or a subdivision, no change or amendment of the Zoning Ordinance shall affect the decision on such application adversely to the applicant, and the applicant shall be entitled to a decision in accordance with the provisions of the Zoning Ordinance as it stood at the time the application was duly filed; provided, further, that should such an application be approved by either the Zoning Hearing Board or the Board of Supervisors, as relevant, the applicant shall be entitled to proceed with the submission of either land development or subdivision plans within a period of six months or as may be approved by either the Zoning Hearing Board or the Board of Supervisors following the date of such approval in accordance with the provisions of the Zoning Ordinance as it stood at the time the application was duly filed before either the Zoning Hearing Board or the Board of Supervisors, as relevant. If either a land development or subdivision plan is so filed within said period, such plan shall be subject to the provisions of Article V of Chapter 315, Subdivision and Land Development, of the Township's Code and Section 508(4) of the Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10508(4).
§ 390-237 Mediation option.
Parties to proceedings authorized in this article may utilize mediation as an aid in completing such proceedings in accordance with the provisions of § 390-220 of this chapter.
