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) for the preparation of this chapter itself, as described in §
250-79 below.
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.