Westtown Township City Zoning Code
ARTICLE XXII
Amendments
§ 170-2200 Power of amendment.
The Board of Supervisors may from time to time amend, supplement, change, modify, or repeal this chapter, including the Zoning Map and its overlays, by proceeding in the manner prescribed in this article and in accordance with the applicable provisions of the Municipalities Planning Code (53 P.S. § 10101 et seq.).
§ 170-2201 Initiators of amendment proposals.
A.
Proposals for amendment of this chapter may be initiated by the Board of Supervisors on its own motion, by the Township Planning Commission, or by petition of one or more owners of property to be affected by the proposed amendment.
B.
A landowner may submit a proposed curative amendment, challenging the validity of the Zoning Ordinance, in accordance with the terms of Section 609.1 of the Municipalities Planning Code (53 P.S. 10609.1). The Board of Supervisors shall proceed and act upon any such proposal in the manner stipulated by Section 609.1.
§ 170-2202 Procedures for consideration of proposed amendments.
A.
Proposals initiated by the Board of Supervisors. The Board of Supervisors shall refer every proposed amendment that it originates to the Township Planning Commission and the County Planning Commission.
B.
Proposals initiated by the Township Planning Commission. The Township Planning Commission may at any time transmit to the Board of Supervisors any proposal for the amendment of this chapter.
C.
Proposals initiated by property owner's petition. Each petition by one or more owners of property to be affected by a proposal for amendment shall be submitted in writing to the Township Secretary, together with a fee in accordance with a fee schedule adopted by resolution of the Board of Supervisors. No part of such fee shall be refundable to a petitioner. Upon receipt of said petition, the Board of Supervisors shall transmit a copy of the petition to the Township Planning Commission and the County Planning Commission.
D.
Referral to Township and County Planning Commission.
(1)
Any proposed amendment, other than one originated by the Township Planning Commission, shall be referred by the Board of Supervisors, at least 30 days prior to the hearing on the amendment, to the Township Planning Commission. That Commission shall consider whether or not such proposed amendment would be, in its view, 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. The Board of Supervisors shall take such conclusion and reasons into consideration in reaching its decision, but shall not be bound thereby.
(2)
All proposed amendments shall be submitted by the Board of Supervisors to the Chester County Planning Commission for review and comment, in accordance with the terms of Article VI of the Municipalities Planning Code (53 P.S. § 10601 et seq.). The Board shall not act upon the proposed amendment until a report is received from the County Planning Commission or the time period for such a response has elapsed; the Board shall not be bound by the recommendations of the county.
§ 170-2203 Public hearing.
A.
The Board of Supervisors shall determine whether any proposal for amendment prepared and submitted in accordance with § 170-2202 is appropriate to be presented at a public hearing. Where the Board deems it appropriate, the required public hearing shall be held within 60 days from the date of the submission of the said proposal to the Board of Supervisors or the Board's determination to consider its own amendment.
B.
The Board of Supervisors shall, by resolution, fix the time and place for the public hearing, and shall give notice of such hearing as prescribed in Section 610(a) of the Municipalities Planning Code [53 P.S. 10610(a)]. The notice shall state the particular nature of the matter to be addressed through the proposed amendment and a reference to a place in the Township where copies of the proposed amendment may be examined or purchased at a charge not exceeding the cost thereof.
C.
If the proposed amendment involves a Zoning Map change, notice of the 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.
§ 170-2204 Readvertisement of amendments.
A.
In the event substantial amendments are made to the proposed amendment, then the Board, at least 10 days prior to the scheduled enactment, shall readvertise, in a newspaper of general circulation within the Township, a brief summary setting forth all the provisions in reasonable detail together with a summary of the proposed amendments. The Board also shall readvertise any proposed amendment where the scheduled date of enactment is more than 60 days following the date of the last advertisement of the proposed amendment.
B.
Within 30 days after enactment, a copy of the amendment shall be forwarded to the Chester County Planning Commission.