Yes Virginia, The BoS CAN Change Zoning

While searching for some answers to A FORKS RESIDENT's excellent questions (see post What's It All About Alfie), I checked the Zoning Ordinance posted on the Township's website. As background, the Board has scheduled a PUBLIC HEARING on March 17, 2005 at 6:30 PM when the Strausser people will give their presentation for a zoning change to the Board of Supervisors. Before this, on March 10, 2005 at 6:30 PM, a presentation will be made to the Planning Commission (both are open to the public). The Planning Commission's recommendations will be forwarded to the Board in time for the its Public Hearing. A FORKS RESIDENT is right to be concerned about the speed of this whole thing.

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Here it is, Article XIII (some formatting was lost) in black and white (and red from this blogger) telling us that yes, the Board of Supervisors and NOT the Zoning Hearing Board will make the decision on whether or not Strausser Enterprises can go forward with a commercial development on its 25 acres in a residential district.

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ARTICLE XIII
AMENDMENTS

§ 1300 Power of Amendment
The Board of Supervisors may, from time to time amend, supplement, change, modify or repeal this Ordinance, including the Zoning Map. When doing so, the Board of Supervisors shall proceed in the manner prescribed in this Ordinance.

§ 1301 Initiation of Amendments
Proposals for amendment may be initiated by the Board of Supervisors on its own motion, the Planning Commission or petition by one or more owners of property to be affected by the proposed amendment, subject to the following provisions:

A. Proposals Originated by Board of Supervisors. The Board of Supervisors shall submit to the Township Planning Commission a copy of the proposed amendment and no action shall be taken thereon by the Board of Supervisors until such time as the Planning Commission shall submit to the Supervisors its written recommendation relative thereto or until the expiration of thirty (30) days from the time of submission by the Supervisors to the Planning Commission of the said proposed action, whichever shall first occur. At least thirty (30) days prior to the hearing on any proposed amendment the Township shall submit the proposed amendment to the Lehigh Northampton Joint Planning Commission for recommendations, in accordance with Section 609.e. of the Pennsylvania Municipalities Planning Code.

B. Proposals Originated by Planning Commission. The Planning Commission may at any time transmit to the Board of Supervisors any proposal for the amendment, supplement, change, modification or repeal of this Ordinance.

C. Private Petition for Amendment. A landowner who desires to seek an amendment to the Zoning Ordinance or map shall file an application for amendment and present it to the Township with the fee as set forth by the Board of Supervisors by resolution, and shall set forth the following:

1. The applicant's name and address and his representative and the interest of every person represented in the application.
2. A plan showing the extent of the area subject to the proposed amendment, streets bounding and intersecting the area, land use and zoning classification of abutting districts, and tax parcel numbers of the areas subject to the proposed amendment.
3. A statement of the circumstances in the proposed district and the abutting districts and any other factors on which the applicant relies as reason for supporting the proposed amendment.
4. Information and analysis of traffic, water and sewer, environmental, and other impacts are required by the Township to evaluate the proposed amendment. Impact analysis requirements are in the appendix to this ordinance.

D. Proposals by Curative Amendments. A landowner who desires to challenge the validity of this Ordinance which prohibits or restricts the use or development of land in which he has an interest may submit a curative amendment to the Board of Supervisors with a written request that his challenge and proposed amendment be heard and decided as provided in Section 916.1 of the Pennsylvania Municipalities Planning Code (Act 247), as amended. The curative amendment shall be referred to the Planning Commission; and no action shall be taken thereon by the Board of Supervisors until such time as the Planning Commission shall submit to the Board of Supervisors its written recommendation relative thereto or until the expiration of thirty (30) days from the time of submission by the Board of Supervisors to the Planning Commission of said curative amendment, whichever shall first occur. The Board of Supervisors shall commence a hearing thereon within sixty (60) days of the request. The conduct of the hearing and the determination by the Board of Supervisors shall be in accordance with sections 609.1 (b) and (c), (1) through (5), of the Pennsylvania Municipalities Planning Code, as amended.

§ 1302 Hearings

A. Upon receipt of the Planning Commission's recommendation and before voting on any proposed amendment to the Ordinance, the Board of Supervisors shall hold a public hearing thereon pursuant to public notice.

B. If the proposed amendment involves a zoning map change, notice of the proposed public hearing on said change shall be conspicuously posted by the Township at points deemed sufficient 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.

C. Proposed zoning ordinances and amendments shall not be enacted unless the requirements for publication, advertisement and availability of proposed ordinances as set forth by the Pennsylvania Municipalities Planning Code, Act 247, as amended, Section 610, are met.

D. In the event substantial amendments are made in the proposed ordinance or amendment, before voting on enactment, the Board of Supervisors shall at least ten (10) 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 amendment.

§ 1303 Action upon Amendment

A. Enactment of any proposed amendment shall be by the vote of the Board of Supervisors. Any proposed amendment acted upon shall be specifically found to be in accordance with the spirit and intent of the Township Comprehensive Plan of 1997, as amended.

B. Within thirty (30) days after enactment, a copy of the amendment to the Zoning Ordinance shall be forwarded to the Lehigh Northampton Joint Planning Commission.

§ 1304 Appeals

Any person desiring to challenge this Ordinance or any subsequent amendment hereto shall proceed in accordance with Article X-A of the Pennsylvania Municipalities Planning Code, as amended.

§ 1305 Administration and Fees

The Board of Supervisors shall from time to time enact Rules and Regulations to facilitate the administration of this Article and shall by Resolution from time to time establish reasonable fees to be paid by applicants in order to defray expenses which may be incurred by the Township.