The purpose of this article shall be to allow
for amendments, from time to time, of either this chapter text and/or
map as deemed necessary to accommodate unforeseen change, benefit
the public welfare or reflect a different direction of Borough planning
and development goals.
[Amended 9-28-2010 by Ord. No. 918]
A. Initiation. Borough Council may introduce and/or consider amendments
to this chapter and to the Zoning District Map. In addition, Borough
Council may consider amendments to this chapter and to the Zoning
District Map that are proposed by the Planning Commission or by petition
of any landowner(s) of property in the Borough.
B. Petitions. Petitions for amendments by landowners shall be filed
with the Planning Commission at least 20 days prior to the Planning
Commission meeting at which the petition is to be heard. In the case
of a petition for reclassification of property, the petitioners, upon
such filing, shall submit a legal description of the property proposed
to be rezoned. All petitions shall include a statement justifying
the request and documenting consistence with the Borough's Comprehensive
Plan. The petition shall include the filing fee established from time
to time by resolution of Borough Council.
C. Referral. Any proposed amendment presented to Borough Council without
written findings and recommendations from the Borough Planning Commission
and the Beaver County Planning Commission shall be referred to those
agencies at least 30 days prior to Borough Council's public hearing.
Borough Council shall not hold a public hearing on such amendments
until the required reviews are received or the expiration of 30 days
from the date of referral, whichever comes first.
D. Mailing of notices. If the proposed amendment involves a change to
the Zoning District Map, notice of the public hearing shall be mailed
by the 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 the area being rezoned,
as evidenced by tax records within the possession of the Borough.
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. This subsection shall not apply
when the rezoning constitutes a comprehensive rezoning.
E. Posting of property. If the proposed amendment involves a change
to the Zoning District Map, notice of the public hearing shall be
conspicuously posted by the Borough at points deemed sufficient by
the Borough along the tract to notify potentially interested citizens
at least seven days prior to the date of the public hearing.
F. Public notice and public hearing. Before voting on enactment of an
amendment, Borough Council shall hold a public hearing thereon, pursuant
to public notice, as defined herein. The public notice shall include
a brief summary of the proposed amendment and reference to the place
where copies of the same may be examined.
G. Readvertisement. If, after any public hearing is held upon a proposed
amendment, the amendment is substantially changed or revised to include
land not previously affected by the amendment, Borough Council shall
hold another public hearing, pursuant to public notice, as defined
herein, before proceeding to vote on the amendment.
H. Notice of enactment. Proposed amendments shall not be enacted unless
Borough Council gives notice of the proposed enactment, including
the time and place of the meeting at which passage will be considered
and a reference to the place in the Borough where copies of the proposed
amendment may be examined without charge or obtained for a charge
not greater than the cost thereof. 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 brief summary prepared by the Borough
Solicitor setting forth the provisions in reasonable detail. If the
full text is not included:
(1) A copy thereof shall be provided to the newspaper at the time the
public notice is published; and
(2) An attested copy of the proposed ordinance shall be filed in the
County Law Library.
I. Mediation option. Borough Council may offer the mediation option as an aid in completing the proceedings authorized by this §
245-99. The Borough and the mediating parties shall meet the stipulations and follow the procedures set forth in §
245-93L of this chapter.
J. Within 30 days after enactment, a copy of the amendment
to this chapter shall be forwarded to the Beaver County Planning Commission.
If the Borough Council determines that this
chapter, the Zoning Map or portion thereof is substantially invalid, it shall
take the following action:
A. The Borough Council shall declare by formal action
this chapter, the Zoning Map or portion thereof substantially invalid
and propose to prepare a curative amendment to overcome such invalidity.
Within 30 days following such declaration and proposal, the Borough
Council shall:
(1)
By resolution, make specific findings setting
forth the declared invalidity of this chapter, Map or portion thereof
which may include:
(a)
References to specific uses which are either
not permitted or not permitted in sufficient quantity.
(b)
Reference to a class or use or uses which requires
revision.
(c)
Reference to the entire ordinance which requires
revision.
(2)
Begin to prepare and consider a curative amendment
to this chapter to correct the declared invalidity.
B. 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 its chapter pursuant to the provision required by §
245-99 in order to cure the declared invalidity of this chapter.
C. Upon the initiation of the procedures as set forth in this section, the Borough Council shall not be required to entertain or consider any landowner's curative amendment filed under §
245-100, nor shall the Zoning Hearing Board be required to give a report as requested under §
245-95C. Upon completion of the procedures as set forth in Subsections
A and
B of this section, no right to a cure pursuant to the provisions of §
245-100 or §
245-95C shall, from the date of declaration and proposal, accrue to any landowner on the basis of the substantive invalidity of the unamended chapter for which there has been a curative amendment pursuant to this section.
D. The Borough, if it has utilized the procedures as set forth in Subsections
A and
B of this section, may not utilize said procedure for a thirty-six-month period following the date of the enactment of a curative amendment, or reaffirmation of the validity of this chapter pursuant to Subsection
B of this section; provided, however, that if after the date of declaration and proposal there is a substantially new duty or obligation imposed upon the Borough by virtue of a change in the statute or by virtue of a Pennsylvania Appellate Court decision, the Borough may utilize the provisions of this section to prepare a curative amendment to its ordinance to fulfill said duty or obligation.