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.
A. Procedure. The following procedure shall be observed prior to the adoption of any amendment or change to this chapter or the official Zoning Map.
B. Planning Commission referral. All proposed amendments or changes to the existing chapter prior to adoption shall be submitted for review according to the following:
(1) Every proposed change shall be referred to the Chester County Planning Commission for recommendations a minimum of 30 days prior to holding a public hearing.
(2) In the case of an amendment other than that prepared by the New Garden Township Planning Commission, the Board shall submit each such amendment to the Township Planning Commission at least 30 days prior to the hearing on such proposed amendment to provide the planning agency an opportunity to submit recommendations.
C. Notice of hearing. The Board of Supervisors shall advertise public hearings by publishing a notice each week for two consecutive weeks, stating the time and place such hearings shall occur. Said advertisements shall be published in a newspaper having general circulation in the Township. The first of such advertisements shall occur not more than 30 days, while the second shall not occur less than seven days before the date fixed for the hearing. The notice shall include the particular nature of the matter to be considered at the hearing, and a reference to a place within the Township where copies of the proposed ordinance, amendment, change or repeal may be examined.
D. Public hearing. Prior to taking action on any amendment or change to the chapter or Map, the Board of Supervisors shall hold a public hearing 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 citizen and all parties interested in attending such hearing.
E. Decision. The Board of Supervisors shall not take action on the proposed change until the New Garden Township Planning Commission and the Chester County Planning Commission have had sufficient time to review and make recommendations in accordance with
§ 200-153B. If such recommendations are not received within 30 days from the date the referral was received by the agencies, the Board of Supervisors may proceed without such recommendations. Zoning ordinances, amendments, changes and referrals shall be adopted by the Board of Supervisors at their regularly scheduled meeting within 90 days after the public hearing. Such changes shall be incorporated into the official Zoning Ordinance by reference with the same force and effect as if duly reported therein.
F. Eligibility. Any person or property owner may apply for an amendment to this chapter. Said amendment shall follow the procedure set forth in this section provided:
(1) The applicant is an equitable owner in all or part of the property effected by the proposed amendment.
(2) The applicant follows the procedures of Act 247, the Municipalities Planning Code.
(3) The applicant submits the full proposal to the Zoning Officer.
G. Landowner petition. Whenever the owners of 50% or more of the total area of a zoning district shall 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, it shall be the duty of the Board to hold a public hearing. Such hearings shall comply with the provisions of
§ 200-160: Hearings.
Curative amendments.
A. Application. A landowner who desires to challenge on substantive grounds the validity of this chapter or the Zoning Map or any provisions thereof, which prohibits or restricts the use or development of land in which he has an interest, may submit an application for curative amendment to the Board of Supervisors.
B. Procedure. The Board of Supervisors shall commence a public hearing on the proposed curative amendment within 60 days of receiving the request pursuant to the following:
(1) An application shall be submitted to Board of Supervisors and shall include a written request that the challenge and proposed amendment be heard and decided in a public hearing pursuant to
§ 200-160: Hearings.
(2) The curative amendment shall be referred to the New Garden Township Planning Commission and the Chester County Planning Commission for review and recommendations as provided in
§ 200-153B.
(3) Public notice of the hearing shall be published as outlined in
§ 200-153C.
C. Determination. Within 45 days of the conclusion of the hearing, the Board of Supervisors shall prepare a determination as follows:
(1) The Board of Supervisors may decide that the challenge has no merit, at which time the Board may choose to take no action.
(2) The Board of Supervisors may determine that the validity challenge has merit and may:
(a) Accept the curative amendment as proposed by the landowner;
(b) Accept the curative amendment as proposed by the landowner with revisions; or
(c) Adopt an alternative amendment which will cure the challenged defects.
