[Ord. 738, 8/18/2009]
A. 
Any Borough Council may introduce and consider amendments to this Ordinance and/or to the Official Zoning Map as proposed by a Borough Council, by the Joint Planning Commission or by a petition of a landowner within one of the Tri-Borough Communities:
(1) 
Petitions for amendment shall be filed with the Joint Planning Commission, and the petitioner, upon such filing, shall pay an advertising deposit and a filing fee in accordance with a schedule affixed from time to time by resolution of the Borough Councils.
(2) 
Referral to Joint Planning Commission. Any proposed amendment introduced by a Council shall be referred to the Joint Planning Commission for review.
(3) 
Development by Joint Planning Commission. Upon direction from a Borough Council, the Joint Planning Commission shall develop a draft amendment to the Ordinance.
B. 
The Joint Planning Commission shall send copies of the draft ordinance amendments, together with any recommendations, to each of the Borough Councils for review. Each Borough Council shall review and provide feedback. The governing bodies of the other participating municipalities shall submit their comments, including a specific recommendation to adopt or not to adopt the proposed amendment, to the governing body of the municipality within which the amendment is proposed. Failure to provide comments shall be construed as a recommendation to adopt the proposed amendments. Upon receipt of the feedback, the Joint Planning Commission shall hold a public meeting and prepare revisions to the amendment as deemed appropriate. See also MPC § 809-A and MPC § 303.
C. 
The Joint Planning Commission shall forward the revised amendment to the Sponsor Council. The Sponsor Council shall submit a copy of the revised amendment to the County and each Borough Council for review prior to holding the public hearing. The governing bodies of the other participating municipalities shall submit their comments, including a specific recommendation to adopt or not to adopt the proposed amendment, to the governing body of the municipality within which the amendment is proposed no later than the date of the public hearing. Failure to provide comments shall be construed as a recommendation to adopt the proposed amendments. See also MPC § 809-A and MPC § 303.
D. 
The Sponsor Council shall hold a public hearing on the proposed amendment, pursuant to public notice and posting of such notice in the Municipal Building of each Tri-Borough municipality. In addition, if the proposed amendment involves a zoning map change, notice of said public hearing shall be conspicuously posted by the municipality at points deemed sufficient by the municipality along the tract to notify potentially interested citizens. The affected lot or area shall be posted at least one week prior to the date of the hearing.
(1) 
In addition to the requirement that notice be posted, where the proposed amendment involves a zoning map change, notice of the public hearing shall be mailed by the Sponsor 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 500 feet of lot boundary of the area being rezoned, as evidenced by tax records within the possession of the municipalities. 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.
(2) 
This clause shall not apply when the rezoning constitutes a comprehensive rezoning.
E. 
No amendments to the Joint Municipal Zoning Ordinance shall be effective unless all of the participating Borough Councils approve the amendment.
F. 
The process of completing amendments shall comply with MPC § 813-A Publication, Advertisement and Availability of Ordinances.
[Ord. 738, 8/18/2009]
A. 
Curative amendments, along with the applicable application fee, shall be filed in the municipality within which the landowner's property is located. Provided, however, that the applicable Council before which the curative amendment is brought shall not have the power to adopt any amendment to the Joint Zoning Ordinance without the approval of each Tri-Borough Community. The challenge shall be directed to the validity of the Joint Zoning Ordinance as it applies to the entire area of its jurisdiction. Application for said amendment shall include all information as identified on the application form as available in the applicable Borough Municipal Office.
B. 
A landowner who desires to challenge on substantive grounds the validity of the Joint Zoning Ordinance or Zoning 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 applicable Council with a written request that his challenge and proposed amendment be heard and decided.
C. 
The applicable Council shall commence a hearing thereon within 60 days of the request as provided by the MPC. The curative amendment and challenge shall be referred to the Joint Planning Agency and each Borough Council and notice of the hearing thereon shall be given as provided in according to the MPC.
D. 
The hearing shall be conducted in accordance with § 908 of the MPC and all references therein to the zoning hearing board shall, for purposes of this Section be references to the governing body: provided, however, that the provisions of § 908 (1.2) and (9) of the MPC shall not apply and the provisions of § 916.1 of the MPC shall control. If a municipality 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 Zoning Ordinance and Map, but only for those provisions which specifically relate to the landowner's curative amendment and challenge.
E. 
The Council 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 Council shall consider the curative amendments, plans and explanatory material submitted by the landowner and shall also consider:
(1) 
The impact of the proposal upon roads, sewer facilities, water supplies, schools and other public service facilities.
(2) 
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 the ordinance or map.
(3) 
The suitability of the site for the intensity of use proposed by the site's soils, slopes, woodlands, wetlands, floodplains, aquifers, natural resources and other natural features.
(4) 
The impact of the proposed use on the site's soils, slopes, woodlands, wetlands, floodplains, 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.
(5) 
The impact of the proposal on the preservation of agriculture and other land uses which are essential to public health and welfare.
[Ord. 738, 8/18/2009]
A. 
Procedure upon Municipal Curative Amendment.
(1) 
A Borough Council, by formal action, may declare the Joint Zoning Ordinance or portions thereof substantially invalid and propose that the Tri-Borough Communities prepare a curative amendment to overcome such invalidity. The formal action shall make specific findings setting forth the declared invalidity of the Joint Zoning Ordinance which may include:
(a) 
References to specific uses which are either not permitted, or not permitted in sufficient quantity.
(b) 
References to a class of use or uses which require revision.
(c) 
Reference to the entire ordinance which requires revisions.
(2) 
The Councils of each Tri-Borough Community shall vote, within 30 days following such declaration by the initiating governing body, by formal action whether or not to declare the Joint Zoning Ordinance or portions thereof substantially invalid.
(a) 
In the event of the failure of all of the Borough Councils to declare the Joint Zoning Ordinance or portions thereof substantially invalid within the 30 days following such declaration, the declaration by the initiating Council shall be deemed null and void.
(b) 
In the event that each of the Tri-Borough Councils vote, by formal action, not to declare the Joint Zoning Ordinance invalid in accordance with this Section. The declaration of the initiating Council shall be deemed null and void.
(c) 
The declaration shall be binding upon all the Tri-Borough Communities from the moment the initiating Council declares the Joint Zoning Ordinance invalid.
(d) 
In the event that all of the Borough Councils take formal action to declare the Joint Zoning Ordinance or portions thereof substantially invalid within 30 days.
(3) 
Upon the declaration that the Joint Zoning Ordinance is invalid by one or more of the Tri-Borough Councils, the Tri-Borough Communities shall begin to prepare and consider a curative amendment to the Joint Zoning Ordinance to correct the declared invalidity.
B. 
Within nine months from when all three of the participating municipalities have taken formal action to declare the Joint Zoning Ordinance or part thereof invalid, the Tri-Borough Communities shall enact a curative amendment to or reaffirm the validity of this Ordinance pursuant to the provisions required by this Ordinance to cure the declared invalidity of this Ordinance.
C. 
Upon the initiation of the procedures by the initiating Council as set forth in paragraph .A(1), no Council shall be required to entertain or consider any landowner's curative amendment as provided for by the MPC. Upon completion of the procedures as set forth in paragraphs .A and .B, no rights to a cure pursuant to the provisions of the MPC, shall, from the date of the declaration and proposal, accrue to any landowner on the basis of the substantive invalidity of this Ordinance for which there has been a curative amendment pursuant to this Section.
D. 
The Tri-Borough Communities having jointly utilized the procedures as set forth in paragraphs .A and .B may not again utilize said procedures for a thirty-six-month period following the date of the enactment of a curative amendment or reaffirmation of the validity of this Ordinance pursuant to paragraph .B; provided, however, if after the date of declaration and proposal there is a substantially new duty or obligation imposed upon the Council by virtue of a change in statute or by virtue of a Pennsylvania Appellate Court decision, the Tri-Borough Communities may utilize the provisions of this Section to prepare a curative amendment to the Joint Zoning Ordinance to fulfill said duty or obligation; provided, however, that the Tri-Borough Communities shall not be deemed to have utilized the procedures set forth in paragraphs .A and .B either if the Tri-Borough Communities take formal action to not declare the Joint Zoning Ordinance invalid in accordance with paragraph .A(2) or if they fail to act in accordance with paragraph .A(2) above.