Amendments to this chapter shall become effective
only after a public hearing held pursuant to public notice. A brief
summary setting forth the principal provisions of the proposed amendment
and a reference to the place within the Borough where copies of the
proposed amendment may be secured or examined shall be incorporated
in the public notice. Unless the proposed amendment shall have been
prepared by the Planning Commission, the Borough Council shall submit
the amendment to the Planning Commission at least 30 days prior to
the hearing on such amendment to provide the Planning Commission an
opportunity to submit recommendations. In addition, at least 30 days
prior to the public hearing on the amendment, the Borough shall submit
the proposed amendment to the county planning agency for recommendations.
Proposed amendments 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, a reference to a place within the Borough where
copies of the proposed amendment may be examined without charge or
obtained for a charge not greater than the cost thereof. The Borough
Council shall publish the proposed amendment once in a newspaper of
general circulation in the Borough not more than 60 days nor less
than seven days prior to passage. Publication of the proposed amendment
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:
In the event substantial amendments are made in the
proposed 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 setting forth
all the provisions in reasonable detail together with a summary of
the amendments.
The Borough Council may from time to time amend, supplement,
or repeal any of the regulations and provisions of this chapter. The
procedure for the preparation of a proposed zoning ordinance as set
forth in § 607 of the Pennsylvania Municipalities Planning
Code, 53 P.S. § 10607, is hereby declared optional.
Before voting on the enactment of an amendment, the
Borough Council shall hold a public hearing thereon, pursuant to public
notice. In addition, if the proposed amendment involves a Zoning Map
change, notice of said public hearing shall be conspicuously posted
by the Borough at points deemed sufficient 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.
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 hearing on such proposed amendment to provide the Planning Commission
an opportunity to submit recommendations.
If, after any public hearing held upon an amendment,
the proposed amendment is changed substantially, or is revised, to
include land previously not affected by it, the Borough Council shall
hold another public hearing, pursuant to public notice, before proceeding
to vote on the amendment.
At least 30 days prior to the public hearing on the
amendment by the Borough Council, the Borough shall submit the proposed
amendment to the county planning agency for recommendations.
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 he has an interest may submit a curative amendment to the
Borough Council with a written request that his challenge and proposed
amendment be heard and decided as provided in § 916.1 of
the Pennsylvania Municipalities Planning Code (hereinafter "MPC"),
53 P.S. § 10916.1. The curative amendment and challenge
shall be referred to the Planning Commission and the county planning
agency as provided in § 609 and notice of the hearing thereon
shall be given as provided in §§ 610 and 916.1 of the
MPC, 53 P.S. §§ 10609, 10610, and 10916.1.
The hearing shall be conducted in accordance with
§ 908 of the MPC, 53 P.S. § 10908, and all references
therein to the Zoning Hearing Board shall, for purposes of this section,
be references to the Borough Council. If the Borough 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 this
entire chapter and Zoning Map, but only for those provisions which
specifically relate to the landowner's curative amendment and challenge.
The Borough Council, if it determines 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 Borough Council shall consider
the curative amendments, plans and explanatory material submitted
by the landowner and shall also consider:
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 this chapter or Zoning Map.
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;
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; and
The Borough shall declare by formal action, this chapter
or portions hereof substantially invalid and propose to prepare a
curative amendment to overcome such invalidity. Within 30 days of
such declaration and proposal the Borough Council shall:
Within 180 days from the date of the declaration and
proposal, the Borough shall enact a curative amendment to validate,
or reaffirm the validity of, this chapter pursuant to the provisions
of § 609 of the Pennsylvania Municipalities Planning Code
(hereinafter "MPC"), 53 P.S. § 10609, in order to cure the
declared invalidity of this chapter.
Upon the initiation of the procedures as set forth in Subsection A, the Borough Council shall not be required to entertain or consider any landowner's curative amendment filed under § 609.1 of the MPC, 53 P.S. § 10609.1, nor shall the Zoning Hearing Board be required to give a report requested under §§ 909.1 or 916.1 of the MPC, 53 P.S. §§ 10909.1 and 10916.1, subsequent to the declaration and proposal based upon the grounds identical or substantially similar to those specified by the resolution required by Subsection A(1). Upon completion of the procedures set forth in Subsections A and B, no rights to a cure pursuant to the provisions of §§ 609.1 and 916.1 of the MPC, 53 P.S. §§ 10609.1 and 10916.1, shall, from the date of the declaration and proposal, accrue to any landowner on the basis of the substantive invalidity of this chapter for which there has been a curative amendment pursuant to this section.
The Borough, having utilized the procedures set forth
in this section, may not again utilize said procedure for a period
of 36 months following the date of enactment of a curative amendment,
or reaffirmation of the validity of this chapter; provided, however,
if after the date of declaration and proposal there is a substantially
new duty imposed upon the Borough by virtue of a change in statute
or by virtue of a Pennsylvania Appellate Court decision, the Borough
may utilize the provisions of this section to propose a curative amendment
to this chapter to fulfill said duty or obligation.