The Borough Council may introduce and/or consider
amendments to this chapter and to the Zoning Map as proposed by a
member of the Borough Council, the Planning Commission or by a petition
of a person or persons residing or owning property within the Borough.
Petitions for amendments shall be filed with
the Planning Commission. The petitioners, upon such filing, shall
pay an advertising deposit and a filing fee, in accordance with a
schedule affixed by resolution of the Borough Council. The Planning
Commission shall review the proposed amendment and report its findings
and recommendations in writing to the Council.
Any proposed amendment presented to the Borough
Council without written findings and recommendations from the New
Wilmington Borough Planning Commission and Lawrence County Planning
Commission shall be referred to these agencies for review prior to
public hearing by the Borough Council. A thirty-day review period
shall be allowed before the Borough Council holds a public hearing
on the proposed amendment.
[Amended 2-5-1996 by Ord. No. 420]
A. Before acting upon a proposed amendment, the Borough
Council shall hold a public hearing thereon. Notice of such public
hearing, containing a brief summary of the proposed amendment and
reference to the place where copies of the same may be examined, shall
be published in accordance with the requirements of the Pennsylvania
Municipalities Planning Code (Act 247 of 1968) as the same may be
amended from time to time. If any proposed amendment involves a Zoning
Map change, notice of the public hearing shall be conspicuously posted
by the Borough at points deemed sufficient by the Borough along the
tract(s) to notify potentially interested citizens. The affected tract
or area shall be posted at least one week prior to the date of the
hearing.
B. In addition to the requirements that notice be posted,
where the proposed amendment involves a Zoning Map change, notice
of the public hearing shall be mailed by the Borough at least 30 days
prior to the date of the hearing by first class mail to the addresses
to which real estate tax bills are sent for all real property located
within the area to be rezoned, as evidenced by tax records within
the possession of the municipality. The notice shall include the location,
date and time of the public hearing. A good faith effort and substantial
compliance shall satisfy the requirements of this subsection.
[Added 10-4-2004 by Ord. No. 476]
A landowner who desires to challenge on substantive
grounds the validity of this chapter or the Zoning Map or any provision
thereof which prohibits or restricts the use or development of land
in which the landowner has an interest may submit a curative amendment
to the Borough Council, with a written request that this challenge
and proposed amendment be heard and decided as provided in Sections
609.1 and 1004 of the Pennsylvania Municipalities Planning Code (Act
247), as amended. As with other proposed amendments, the curative amendment
shall be referred to the New Wilmington Borough Planning Commission
and the Lawrence County Planning Commission at least 30 days before
the hearing is conducted by the Borough Council, as provided in Sections
610 and 1004 of the Pennsylvania Municipalities Planning Code, as
amended. The hearing shall be conducted in accordance with Subsections
(4) to (8) of Section 908 of Act 247.