The provisions of this chapter and the boundaries of the zoning
districts as set forth on the Official Zoning Map may from time to
time be amended or changed by the Borough Council, in accordance with
the provisions of Section 609 of the Pennsylvania Municipalities Planning
Code, Act of 1967, P.L. 705, No. 246, as amended.
Should the Borough Council determine that this chapter or any
portion thereof is substantially invalid, it shall take the actions
outlined in this section.
A. Background. The Borough Council shall declare this chapter or portions
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 invalidity
of this chapter that may include:
(a)
References to those specific uses that are either not permitted
or not permitted in sufficient quantity.
(b)
Reference to a class of use or uses that require revision.
(c)
Reference to the entire ordinance that requires revision.
(2) Begin to prepare and consider a curative amendment to this chapter
to correct the declared invalidity.
B. Time frame. Within 180 days from the date of the declaration and
proposal, the Borough Council shall enact a curative amendment to
cure the declared invalidity.
C. Procedural. Upon initiation of the procedures, as set forth above,
the Borough Council shall not be required to consider or entertain
any landowner's curative amendment, nor shall the Zoning Hearing Board
be required to provide the report required in Section 916.1 of Act
246, as amended (the Pennsylvania Municipalities Planning Code). Upon completion of the procedures set forth above, no
rights to a cure pursuant to the provisions of this section shall,
from the date of declaration and proposal, accrue to any landowner
on the basis of the substantive invalidity of the unamended ordinance.
D. Subsequent use requirements. A municipal curative amendment may not
be utilized for a period of 36 months following the date of enactment
of a municipal curative amendment; 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 statute or by virtue of an Appellate Court decision, the Borough
may utilize the provisions of this section to prepare a curative amendment
to fulfill said duty or obligation.
The Borough Council shall publish public notice of any proposed
amendment not more than 30 nor less than seven days prior to the public
hearing, in a newspaper of general circulation. Such notice shall
be posted for a minimum of once a week, for two consecutive weeks.
Such notice shall contain, at a minimum:
A. The time and place of the meeting.
B. A reference to where copies of the proposed amendment may be examined
without charge or obtained for a charge not greater than the cost
thereof.
C. A brief summary of the amendment, including the title, prepared by
the Borough Solicitor. An attested copy of the full text of the amendment
shall be filed in the County Law Library and in the office of the
Jefferson County Planning Commission. The attested copies may be distributed
to the public, and a fee for such copies may be imposed that is not
greater than the actual cost of preparing the copies.
D. In the event that substantial amendments are made to the ordinance
(“substantial” being defined as amending more than 10%
of the ordinance), before voting upon any enactment, the Borough Council
shall, at least 10 days prior to scheduled enactment, readvertise.
Readvertisement shall be in one newspaper of general circulation and
shall summarize, in reasonable detail, all the amendment provisions.
Amendments shall be incorporated into official ordinance books
by reference with the same force and effect as if duly recorded therein.