MapLink™ | Procedures | Amendments

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Amendments
Who may initiate.
Proposals for amendment, supplement, change, modification or repeal may be initiated by the Board of Supervisors on its own motion, by the Planning Commission, or by petition of one or more owners of property to be affected by the proposed amendment. Each petition by one or more property owners shall be signed and acknowledged and submitted in writing to the Zoning Officer. The applicant(s) for an amendment to the Zoning Map shall submit the information required in § 500-3204: Plan requirements, and § 500-3205: Impact statements.
Enactment of Zoning Ordinance amendments.
A. Before voting on the enactment of an amendment, the Board of Supervisors shall hold a public hearing thereon, pursuant to public notice. In addition, if the proposed amendment involves a Zoning Map change, notice of said public hearing 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 hearings.
Plan requirements.
The request for an amendment to the Zoning Map shall be accompanied by the following information:
A. A map, drawn to scale, showing the location, boundaries, dimensions, and ownership of land to be rezoned.
B. A statement outlining the nature, types of uses, general program of development, and other pertinent information with respect to the proposed development of the land to be rezoned.
C. A plan showing the land areas to be allocated to major use groups and buffer provisions along boundary lines. In addition, such plan shall show the applicant's conception of the entire layout to enable the Board of Supervisors to judge the character and general effectiveness of design of the subject land and its relationship to surrounding areas.
Impact statements.
The following impact statements shall be submitted with all petitions for zoning changes and when required by any other section of this chapter. The submission of a transportation impact study and fiscal impact analysis shall be based on the applicability criteria indicated below. These impact statements will be reviewed by the Township and must be found to be satisfactory prior to approving the use or zoning change. Any improvements identified by the studies will be required improvements at the time approval is granted.
A. Comprehensive Plan impact. The applicant shall submit an analysis which evaluates the consistency between his proposal and the Township Comprehensive Plan.
B. Natural resources impact. The applicant shall submit an analysis which evaluates his ability to meet the natural resource protection standards of § 500-2601: Natural resource protection standards of this chapter.
C. Transportation impact.
(1) The applicant shall submit a transportation impact study where the proposed use or development meets one of the following criteria:
(a) Residential: 50 or more dwelling units.
(b) Nonresidential: a proposed use or development which will generate 500 or more trips per day. The number of trips per day shall be determined through the use of Table 2: Trip Generation Rates. The proposed use or development is identified using the columns "Type of Land Use" and "Type of Development." The size of the proposed use or development (gross square footage, number of beds, etc.) is multiplied by the appropriate rate listed in the column "Average Trip Generation Rates" to determine the trips per day.
(2) The Middletown Township Planning Commission, at it discretion, may require that the petition for any other zoning change or an application for any other proposed use or development be accompanied by a transportation impact study; provided, however, that the Planning Commission notifies the applicant of such a requirement immediately following the Planning Commission's first meeting to consider the petition or application. Such a notification shall specify the reason for the requirement, citing the proposal's particular location or existing problems or type of use (i.e., generation of heavy truck traffic). The transportation impact study shall be submitted to the Township within 30 days of the date of said notification.
(3) The transportation impact study shall be conducted and prepared in accordance with the requirements of the Middletown Township (Chapter 440: Subdivision and Land Development), which are incorporated herein by reference.
(4) When within their jurisdiction, the Middletown Township Planning Commission, the Bucks County Planning, the Municipal Engineer, the Zoning Hearing Board and the Board of Supervisors shall review the impact study to analyze its adequacy in solving any traffic problems that will occur due to the proposed use. The Board shall consider the impact study and the analysis of the impact study before the change of zoning or the application for a proposed use or development is allowed or denied.
Applicability of amendments.
When an application for either a special exception or a conditional use has been filed with either the Zoning Hearing Board or Board of Supervisors, as relevant, and the subject matter of such application would ultimately constitute either a land development or a subdivision, as defined in § 107 of the Municipalities Planning Code (MPC),[1] no change or amendment of the zoning, subdivision or other governing ordinance or plans shall affect the decision on such application adversely to the applicant, and the applicant shall be entitled to a decision in accordance with the provisions of the governing ordinances or plans as they stood at the time the application was duly filed. Provided, further, should such an application be approved by either the Zoning Hearing Board or Board of Supervisors, as relevant, applicant shall be entitled to proceed with the submission of either land development or subdivision plans within a period of one-year or longer, as may be approved by either the Zoning Hearing Board or Board of Supervisors, following the date of such approval in accordance with the provisions of the governing ordinances or plans as they stood at the time the application was duly filed before either the Zoning Hearing Board or Board of Supervisors, as relevant. If either a land development or subdivision is so filed within said period, such plan shall be subject to the provisions of Municipalities Planning Code § 508(1) through (4), and specifically as to the time limitations of Municipalities Planning Code § 508(4), which shall commence as of the date of filing such land development or subdivision plan. Said five-year period as set forth in Municipalities Planning Code § 508(4) shall be extended for the duration of any litigation or a sewer or utility moratorium imposed subsequently to the filing of the application for preliminary approval of a plat.
See § 500-3205D for detailed information on fiscal impact analysis and the applicant's requirements.
See § 500-3205: Impact statements for more information.