The Borough Council may from time to time amend
this chapter, including the Zoning Map and its overlays, by proceeding
in the manner prescribed in this article and in accordance with the
applicable provisions of the Municipalities Planning Code.
A.
Proposals for amendment of this chapter may be initiated
by the Borough Council on its own motion, by the Borough Planning
Commission, or by petition of one or more owners of property to be
affected by the proposed amendment.
B.
A landowner may submit a proposed curative amendment,
challenging the validity of the Zoning Ordinance, in accordance with
the terms of Section 609.1 of the Municipalities Planning Code.[1] The Borough Council shall proceed and act upon any such
proposal in the manner stipulated by said Section 609.1.
[1]
Editor's Note: See 53 P.S. § 10609.1.
A.
Proposals initiated by the Borough Council. The Borough
Council shall refer every proposed amendment that it originates or
that is submitted to it and deemed appropriate for its formal consideration
to the Borough Planning Commission and the County Planning Commission.
B.
Proposals initiated by the Borough Planning Commission.
The Borough Planning Commission may at any time transmit to the Borough
Council any proposal for the amendment of this chapter.
C.
Proposals initiated by property owner's petition.
Each petition by one or more owners of property to be affected by
a proposal for amendment shall be submitted, in writing, to the Director
of Administration and Finance, together with a fee in accordance with
a fee schedule adopted by resolution of the Borough Council. No part
of such fee shall be refundable to a petitioner. Upon receipt of said
petition, the Borough Council shall transmit a copy of the petition
to the Borough Planning Commission and the County Planning Commission.
[Amended 2-12-1992 by Ord. No. 92-1;2-12-1992 by Ord. No.
92-2]
D.
Referral to Borough and County Planning Commission.
(1)
Any proposed amendment, other than one originated
by the Borough Planning Commission, shall be referred by the Borough
Council, at least 35 days prior to the hearing on the amendment, to
the Borough Planning Commission. That Commission shall consider whether
or not such proposed amendment would be, in its view, consistent with
and desirable in furtherance of the Comprehensive Plan upon which
this chapter is based, as the same may be modified from time to time.
The Commission shall transmit its conclusion thereon, together with
its reasons therefor, to the Borough Council. The Borough Council
shall take such conclusion and reasons into consideration in reaching
its decision, but shall not be bound thereby.
(2)
All proposed amendments shall be submitted by the Borough to the Chester County Planning Commission for review and comment, in accordance with the terms of Article VI of the Municipalities Planning Code.[1] The Board shall not act upon the proposed amendment until
a report is received from the County Planning Commission or the time
period for such a response has elapsed; the Board shall not be bound
by the recommendations of the county.
[1]
Editor's Note: See 53 P.S. § 10601
et seq.
A.
The Borough Council shall hold a public hearing on any proposal for amendment prepared and submitted in accordance with § 287-142. The required public hearing shall be held within 60 days from the date of the submission of said proposal to the Borough Council or the Council's determination to consider its own amendment.
B.
The Borough Council, by resolution, shall fix the
time and place for the public hearing. It shall advertise such hearing
by publishing a notice of the time and place, not more than 30 days
and not less than seven days in advance of the date fixed for the
hearing, in a newspaper of general circulation in the Borough. Such
notice shall be published once each week for two successive weeks.
The notice shall also set forth the principal provisions of the proposed
amendment in reasonable detail and a reference to a place in the Borough
where copies of the proposed amendment may be examined or purchased
at a charge not exceeding the cost thereof. Full opportunity to be
heard will be given to any citizen and all interested parties attending
such hearing.
[Amended 7-18-2012 by Ord. No. 2012-05]
C.
If the proposed amendment involves a Zoning Map change,
notice of the public hearing shall be conspicuously posted by the
Borough 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.
A.
In the event that substantial revisions are made to
the proposed amendment, then the Borough Council, at least 10 days
prior to the scheduled enactment, shall readvertise, in a newspaper
of general circulation within the Borough, a brief summary setting
forth all of the provisions in reasonable detail, together with a
summary of the proposed revisions. The Borough Council also shall
readvertise any proposed amendment where the scheduled date of enactment
is more than 60 days following the date of the last advertisement
of the proposed amendment.
B.
Within 30 days after enactment, a copy of the amendment
shall be forwarded to the Chester County Planning Commission.
[1]
Editor’s Note: Former § 287-151, Notice of
enactment, was repealed 7-18-2012 by Ord. No. 2012-05.
