The Board of Supervisors may from time to time amend, supplement, change, modify or repeal Chapter including the zoning map. Such shall be done in accordance with the following procedure:
A. Definition. The words "amend," "amendment," "amendments" or "amended" in this Chapter shall be deemed to include any modification of the text or phraseology of any provisions or amendments thereof, or any repeal or elimination of any such provision or part thereof, or any addition to this Chapter or to any amendment thereof, and shall also be deemed to include any change in the number, shape, boundary or area of any district or districts, any repeal or abolition of any part of such map, and, in addition to such map, any new map or maps or any other change in the maps or any map.
B. Initiation of Amendments. Proposals for amendment, supplement, change, modification or repeal 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 the affected by the proposed amendment, subject to the following provisions:
(1) Proposals Initiated by the Board of Supervisors. The Board of Supervisors shall refer every proposed amendment, supplement, change, modification, or repeal originated by them to the Township Planning Commission. Within 30 days of the submission of said proposal, the Planning Commission shall submit to the Board of Supervisors a report containing the Commission's recommendations, including any additions or modifications to the original proposal.
(2) Proposals Originated by the Township Planning Commission. The Township Planning Commission may at any time transmit to the Board of Supervisors any proposal for the amendment, supplement, change, modification or repeal of this Chapter.
C. Hearing.
(1) Before voting on the enactment of an amendment, the Board of Supervisors shall hold a public hearing thereon. No such amendment shall become effective until after such hearing, at which parties in interest and citizens shall have an opportunity to be heard. If, after any public hearing on an amendment, the proposed amendment is revised, or further reviewed, to include land previously not affected by it, the Board shall hold another public hearing, pursuant to public notice, before proceeding to vote on the amendment. [Ord. 12/10/2001]
(2) Public notices of proposed zoning ordinances and amendments 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 where copies of the entire proposed ordinance or amendment may be examined, in addition to the time and place of hearing.
(3) No hearing shall be held before or during the 30 day period in which the Township Planning Commission has been directed to review and report its recommendations to the Board of Supervisors.
(4) At least 30 days prior to the public hearings on the proposed amendment, the Township Planning Commission shall submit the amendment to the Clinton County Planning Commission for review and recommendations.
D. Procedure Upon Curative Amendments.
(1) A landowner who desires to challenge on substantive grounds the validity of an ordinance or map or any provision thereof which prohibits or restricts the use or development of land in which he has an interest may submit a curative amendment to the governing body with a written request that his challenge and proposed amendment be heard and decided. The Board of Supervisors shall commence a hearing on the amendment within 60 days of the request. The curative amendment shall be submitted to the Township and County Planning Commissions for review and recommendations at least 30 days prior to the public hearing on the proposed amendment. Public notice shall be given and hearings shall be conducted in accordance with the Pennsylvania Municipalities Planning Code, § 609.
(2) A fee, to be determined by resolution of the Board of Supervisors, shall be paid at the time of submission of a written request for the amendment of this Chapter in order to cover costs incurred by the Township. No request for amendment shall be considered unless it is accompanied by the required fee. Funds in excess of actual costs shall be returned to the applicant.
(Ord. 3/9/1993B, § 1400; as amended by Ord. 12/10/2001)