Whenever the public necessity, convenience, general good, or good subdivision and land development practice requires, the Borough Council, by ordinance, may, after receipt and recommendation thereon from the Planning Commission, and subject to procedures provided by law, amend, supplement, change or repeal the regulations now or hereafter established by this chapter and amendments thereof.
Requests for changes in this chapter may be made by owners of land in the Borough or by their authorized agents.
A. 
Applications. All applications for amendments shall be made in writing by the owner or authorized agent and shall be filed with the Administrator to the Planning Commission on forms prescribed by him.
B. 
Applications shall contain all information necessary to assure the fullest practicable presentation of the facts for the record and shall contain the following:
(1) 
The applicant's name and address and that of his representative, and the interest of every person represented in the application; and
(2) 
A statement of the proposed change in this chapter and the reasons in support of the change.
C. 
The Administrator shall check the application to determine whether it conforms with these requirements and, if satisfactory, shall immediately submit it to the Borough Council.
Amendments to this chapter may be initiated by the Planning Commission by motion recommending adoption according to procedures enumerated in § 250-79 below and be submitted to the Borough Council, who shall follow the procedures enumerated in § 250-78 below.
The Borough Council shall follow the procedures below for amending this chapter:
A. 
Preparation of amendments. The Borough Council may request the Planning Commission to prepare amendments to this chapter using the same procedure as set forth in the Pennsylvania Municipalities Planning Code (Act 247, as amended)[1] for the preparation of this chapter itself, as described in § 250-79 below.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B. 
Referral to the Planning Commission. In the case of an amendment other than that prepared by the Planning Commission, the Borough Council shall submit each such amendment to the Planning Commission at least 30 days prior to the date fixed for the public hearing on such proposed amendment to provide the Planning Commission an opportunity to submit recommendations. However, the Borough Council shall not be bound by the recommendations of the Planning Commission.
C. 
Referral to County Planning Commission. The Borough Council shall submit the proposed amendments to the County Planning Commission for its review and recommendations 30 days prior to the public hearing on the amendment by the Borough Council. However, the Borough Council shall not be bound by the recommendations of the County Planning Commission.
D. 
Public hearing. Before voting on the enactment of an amendment, the Borough Council shall hold a public hearing thereon, pursuant to public notice, which notice shall be given in the manner prescribed in § 250-80 below.
E. 
Voting on amendment. The Borough Council shall consider the recommendations of the Borough Planning Commission, the County Planning Commission and testimony presented at the public hearing before voting on the proposed amendment at a public meeting.
F. 
Notice of decision. The applicant and others requesting notice of the decision of the Borough Council shall receive such notice through the Administrator.
G. 
Filing copy of amendment with county. Within 30 days after enactment, a certified copy of the amendment to this chapter shall be forwarded to the County Planning Commission.
The Planning Commission shall follow the procedures set forth below for amending this chapter:
A. 
Preparation of amendments. At the request of the Borough Council or on its own initiative, the Planning Commission:
(1) 
Shall prepare the text of the proposed subdivision and land development amendments, as well as make all necessary studies and surveys preliminary thereto;
(2) 
May hold a public meeting pursuant to public notice and may hold additional public meetings upon such notice as it shall determine to be advisable; and
(3) 
Shall present to the Borough Council the proposed subdivision and land development amendments, together with recommendations and explanatory materials, upon completion of its work.
B. 
Review amendments. In the case of an amendment other than that prepared by the Planning Commission, the Commission shall review each such amendment submitted to it by the Borough Council. It shall consider whether or not such proposed amendment reflects, in the view of the Commission, the policy goals of the Borough as found in the statement of community development objectives in the Comprehensive Plan and the statements of policies and purposes in this chapter. The Commission shall submit its recommendations on the amendment to the Borough Council prior to the public hearing scheduled on the amendment by the Borough Council.
Before voting on the enactment of an amendment to this chapter, the Borough Council shall hold a public hearing for the purpose of informing the public and obtaining public comment on the proposed amendment. The public hearing shall be held pursuant to public notice as follows:
A. 
Description of amendment. Public notices of a proposed amendment to this chapter shall include either the full text thereof or the title and a brief summary prepared by the Borough Solicitor setting forth all the provisions in reasonable detail. If the full text is not included:
(1) 
A copy thereof shall be supplied to a newspaper of general circulation in the Borough at the time the public notice is published;
(2) 
An attested copy thereof shall be filed in the County Law Library; and
(3) 
A public notice shall include a reference to the place within the Borough where copies of the proposed amendment to this chapter may be examined without charge or obtained for a charge not greater than the cost thereof.
B. 
Public notice. A public notice of a proposed amendment to this chapter shall be published once each week for two successive weeks in a newspaper of general circulation in the Borough. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing. The first publication shall not be more than 30 days and the second publication shall not be less than seven days from the date of the hearing.
A. 
Notice of proposed enactment.
(1) 
Proposed amendments to this chapter shall not be enacted unless notice of proposed enactment is given in the manner set forth in this section and shall include the time and place of the meeting at which passage will be considered and a reference to the place within the Borough where copies of the proposed amendment to this chapter may be examined without charge or obtained for a charge not greater than the cost thereof.
(2) 
The Borough Council shall publish the proposed amendment to this chapter once in a newspaper of general circulation in the Borough not more than 60 days nor less than seven days prior to passage.
(3) 
Publication of the proposed amendment to this chapter shall include either the full text thereof or the title and a brief summary, prepared by the Borough Solicitor, and setting forth all the provisions in reasonable detail. If the full text is not included:
(a) 
A copy thereof shall be supplied to a newspaper of general circulation in the Borough at the time the public notice is published; and
(b) 
An attested copy of this chapter amendment shall be filed in the County Law Library or other county office designated by the County Commissioners, who may impose a fee no greater than that necessary to cover the actual costs of storing said chapter.
B. 
Revision of amendment. In the event substantial amendments are made in the chapter amendment, before voting upon enactment, the Borough Council shall, at least 10 days prior to enactment, readvertise, in one newspaper of general circulation in the Borough, a brief summary of the revised amendment setting forth all the provisions in reasonable detail, together with a summary of the amendment.
C. 
Incorporation into official ordinance books. This chapter and any amendments may be incorporated into official ordinance books by reference with the same force and effect as if duly recorded therein.