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The Board of Supervisors may from time to time amend, supplement, or repeal any of the regulations and provisions of this Chapter, including the official zoning map.
1. Public Hearing(s). Before voting on the enactment of an amendment, the Board of Supervisors shall hold a public hearing thereon, pursuant to public notice.
A. In the case of an amendment other than that prepared by the Township Planning Commission, the Board of Supervisors 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 Commission an opportunity to submit recommendations.
B. If after any public hearing held upon an amendment, the proposed amendment is changed substantially, or is revised, to include land previously not affected by it, the Board of Supervisors shall hold another public hearing, pursuant to public notice, before proceeding to vote on the amendment.
2. County Planning Commission Review. At least 30 days prior to the Board of Supervisors' public hearing on any amendment, the Township shall submit the proposed amendment to the York County Planning Commission for recommendations.
3. Amendments Involving Zoning Map Changes. If the proposed amendment involves a zoning map change, notice of the required public hearing shall be conspicuously posted by the Township at points deemed sufficient by the Township along 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.
4. Enactment of Amendments. Proposed amendments shall not be enacted unless notice of proposed enactment is given in the manner set forth in this Section, and shall include the time and place of the meeting at which passage will be considered, and a reference to a place within the Township where copies of the proposed amendment may be examined without charge or obtained for a charge not greater than the cost thereof.
A. The Board of Supervisors shall publish the proposed amendment once in one newspaper of general circulation in the Township not more than 60 days nor less than seven days prior to passage.
B. Publication of the proposed amendment shall include either the full text thereof or the title and a brief summary, prepared by the Township Solicitor and setting forth all the provisions in reasonable detail. If the full text is not advertised, then:
(1) A copy thereof shall be supplied to the newspaper in general circulation in the Township at the time the public notice is published.
(2) An attested copy of the proposed ordinance shall be filed in the County Law Library or other County offices designated by the County Commissioners, who may impose a fee no greater than that necessary to cover the actual costs of storing the ordinance.
C. In the event substantial amendments are made to the proposed amendment, before voting upon enactment, the Board of Supervisors shall, at least ten days prior to enactment, re-advertise in one newspaper of general circulation in the Township a brief summary setting forth all the provisions in reasonable detail together with a summary of the amendments.
D. Within 30 days after enactment of any amendment to this Chapter, a copy of the amendment shall be forwarded to the York County Planning Commission.
(Ord. 2024-01, 5/13/2024)
1. A landowner, who desires to challenge on substantive grounds the validity of this Chapter or map or any provision thereof, which prohibits or restricts the use or development of land in which the owner has an interest, may submit a curative amendment to the Board of Supervisors with a written request that the challenge and a proposed amendment be heard and decided as provided in §916.1 of the Pennsylvania Municipalities Planning Code, as amended, 53 P.S. § 10916.1. The Board of Supervisors shall commence a hearing thereon within 60 days of the request as provided in §916.1 referenced above. The curative amendment and challenge shall be referred to the planning agency or agencies as provided in §609 of the MPC and notice of the hearing thereon shall be given as provided in §§ 610 and 916.1 of the MPC, 53 P.S. §§ 10610, 10916.1.
2. The hearing shall be conducted in accordance with §908 of the MPC, 53 P.C. § 10908 and all references therein to the Zoning Hearing Board shall, for purposes of this Section be references to the Board of Supervisors. 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 Chapter and map, but only for those provisions which specifically relate to the landowner's curative amendment and challenge.
3. The governing body of a municipality which has determined that a validity challenge has merit 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:
A. The impact of the proposal upon roads, sewer facilities, water supplies, schools and other public service facilities.
B. 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 this Chapter or Map.
C. The suitability of the site for the intensity of use proposed by the site's soils, slopes, woodlands, wetlands, flood plains, aquifers, natural resources and other natural features.
D. The impact of the proposed use on the site's soils, slopes, woodlands, wet-lands, flood plains, 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.
E. The impact of the proposal on the preservation of agriculture and other land uses which are essential to public health and welfare.
(Ord. 2024-01, 5/13/2024)
If the Township determines that this Chapter or any portion thereof is substantially invalid, the Township shall take the following actions:
1. A Township shall declare by formal action this Chapter or portions thereof substantively invalid and propose to prepare a curative amendment to overcome such invalidity. Within 30 days following such declaration and proposal the Board of Supervisors of the Township shall:
A. Make specific findings by resolution setting forth the declared invalidity of this Chapter which may include:
(1) References to specific uses which are either not permitted or not permitted in sufficient quantity.
(2) References to a class of use or uses which require revision.
(3) Reference to the entire Chapter which requires revisions.
B. Begin to prepare and consider a curative amendment to this Chapter to correct the declared invalidity.
2. Within 180 days from the date of the declaration and proposal, the Township Board of Supervisors shall enact a curative amendment to validate, or reaffirm the validity of this Chapter pursuant to the provisions required by §609 of the MPC, 53 P.S. §10609, in order to cure the declared invalidity of this Chapter.
3. Upon the initiation of the procedures, the Board of Supervisors shall not be required to entertain or consider any landowner's curative amendment filed under §27-1103 nor shall the Zoning Hearing Board be required to give a report. Upon completion of the procedures, no rights to a cure pursuant to the provisions of §§609.1 and 916.1 of the MPC, 53 P.S. §§10609.1, 10916.1, shall, from the date of the declaration and proposal, accrue to any landowner on the basis of the substantive invalidity of the unamended Chapter for which there has been a curative amendment pursuant to this Section.
4. The Township having utilized the procedures as set forth in subsections 1. and 2. above may not again utilize said procedure for a 36-month period following the date of the enactment of a curative amendment or reaffirmation of the validity of this Chapter; provided, however, if after the date of declaration and proposal there is a substantially new duty or obligation imposed upon the Township by virtue of a change in statute or by virtue of a Pennsylvania appellate court decision, the Township may utilize the provisions of this Section to prepare a curative amendment to this Chapter to fulfill said duty or obligation.
(Ord. 2024-01, 5/13/2024)
1. Parties to proceedings authorized in this Chapter may utilize mediation as an aid in completing such proceedings. In proceedings before the Zoning Hearing Board, in no case shall the Zoning Hearing Board initiate mediation or participate as a mediating party. Mediation shall supplement, not replace, those procedures in this Chapter once they have been formally initiated. Nothing in this Section shall be interpreted as expanding or limiting municipal police powers or as modifying any principles of substantive law.
2. Participation in mediation shall be wholly voluntary. The appropriateness of mediation shall be determined by the particulars of each case and the willingness of the parties to negotiate. In each case, the mediating parties, assisted by the mediator as appropriate, shall develop terms and conditions for:
A. Funding mediation.
B. Selecting a mediator who, at a minimum, shall have a working knowledge of municipal zoning and subdivision procedures and demonstrated skills in mediation.
C. Completing mediation, including time limits for such completion.
D. Suspending time limits otherwise authorized in this Chapter, provided there is written consent by the mediating parties, and by an applicant or Board of Supervisors if either is not a party to the mediation.
E. Identifying all parties and affording them the opportunity to participate.
F. Subject to legal restraints, determining whether some or all of the mediation sessions shall be open or closed to the public.
G. Assuring that mediated solutions are in writing and signed by the parties, and become subject to review and approval by the appropriate decision making body pursuant to the authorized procedures set forth in the Municipalities Planning Code, 53 P.S. § 10101 et seq.
3. No offers or statements made in the mediation sessions, excluding the final written mediated agreement, shall be admissible as evidence in any subsequent judicial or administrative proceedings.
(Ord. 2024-01, 5/13/2024)
The Board of Supervisors shall by resolution establish fees for all applications, permits, or appeals provided by this Chapter to defray the costs of advertising, mailing notices, processing, inspecting, and copying applications, permits, and use certificates. The fee schedule shall be made available at the Township office for inspection. Alterations shall not be considered an amendment to this Chapter and may be adopted at any public meeting of the Board of Supervisors.
(Ord. 2024-01, 5/13/2024)
Any person aggrieved or affected by provision of this Chapter, or decision of the Zoning Officer, Township Engineer, Zoning Hearing Board or Board of Supervisors, may appeal in the appropriate manner as set forth in either Article IX or X-A of the Pennsylvania Municipalities Planning Code, 53 P.S. §§ 10901 et seq., 11001-A et seq., as amended, whichever is applicable.
(Ord. 2024-01, 5/13/2024)
In case any building, structure, landscaping or land is, or is proposed to be, erected, constructed, reconstructed, altered, converted, maintained or used in violation of this Chapter, the Board of Supervisors, or, with the approval of the Board of Supervisors, an officer of the Township, or any aggrieved owner or tenant of real property who shows that his/her property or person will be substantially affected by the alleged violation, in addition to other remedies, may institute any appropriate action or proceeding to prevent, restrain, correct, or abate such building, structure or land, or to prevent, in or about such premises, any act, conduct, business or use constituting a violation. When any such action is instituted by a landowner or tenant, notice of that action shall be served upon the Township at least 30 days prior to the time the action is begun by serving a copy of the complaint on the Board of Supervisors of the Township. No such action may be maintained until such notice has been given.
(Ord. 2024-01, 5/13/2024)
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