A.
The Borough Council may from time to time amend this
chapter, including the Zoning Map.
B.
Proposals for amendment, supplement, change, or modification
or repeal may be initiated by the Borough Council on its own motion,
the Borough Planning Commission, or by petition by one or more owners
of property to be affected by the proposed amendment. Any proposed
amendment favorably acted upon shall be specifically found to be in
accordance with the spirit and intent of the Borough community development
objectives and the Borough Comprehensive Plan.
A.
Before voting on the enactment of any amendment, the
Borough Council shall hold a public hearing pursuant to public notice.
Public notice shall be notice published once for two consecutive weeks
in a newspaper of general circulation in the Borough. Such notice
shall state the time and place of hearing, the particular nature of
the matter to be considered at the hearing and the full text of the
amendment or a brief summary setting forth the general provisions
in reasonable detail. The first publication shall no more than 60
days and the second publication not less than seven days from the
date of the hearing. Procedures relating to the publication, advertisement,
and availability of proposed amendments shall be in accordance with
Section 610 of the Pennsylvania Municipalities Planning Code,[1] as amended. If the proposed amendment involves a Zoning
Map change, notice of the 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. All notification requirements of the Act
shall be met.
[1]
Editor's Note: See 53 P.S. § 10610.
B.
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. In the event substantial amendments are
made in the proposed ordinance or 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.
A.
In case of an amendment other than one prepared by
the Borough Planning Commission, the Borough Council shall submit
each such amendment to the Borough Planning Commission at least 30
days prior to the hearing in order to provide the Planning Commission
an opportunity to submit recommendations. At least 30 days prior to
the hearing on the proposed amendment, the Borough shall submit the
proposed amendment to the Bucks County Planning Commission for recommendations.
B.
Within 30 days after enactment, a copy of the adopted
amendment to this chapter shall be forwarded to the Bucks County Planning
Commission.
A.
A landowner who desires to challenge on substantive
grounds the validity of a Zoning Ordinance or Map or any provisions
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 Sections 609.1 and 916.1
of the MPC,[1]as amended. The Borough Council shall commence a hearing
thereon within 60 days of the request as provided in Section 609.1
of the MPC, as amended. The curative amendment and challenge shall
be referred to the Borough Planning Commission, and notice of the
hearing thereon shall be given as provided by the MPC, as amended.
[1]
Editor's Note: See 53 P.S. §§ 10609-1
and 10916.1.
A.
Every private application for amendment to this chapter
shall first be presented to the Borough with the required filing fee
and escrow deposit as set forth by resolution of the Borough Council,
and shall set forth the following, where relevant:
(1)
The applicant's name and address and his representative
and the interest of every person represented in the application.
(2)
A plan showing the extent of the area to be rezoned,
streets bounding and intersecting the area, land use and zoning classification
of abutting districts, and tax parcel numbers, names of owners, and
street addresses of the areas to be rezoned.
(3)
A statement of the circumstances in the proposed district
and the abutting districts and any other factors on which the applicant
relies as reasons for supporting the proposed rezoning.
(4)
Information and analysis of traffic and other impacts
that may be needed by the Borough to evaluate the proposed amendment.
The Borough may require any other studies or impact assessments it
deems necessary in order to evaluate the proposed zoning change, including
but not limited to the following:
(a)
Consistency with Borough Comprehensive Plan.
The applicant must analyze the proposed change and demonstrate that
it is consistent with the Borough's most current Comprehensive Plan.
(b)
Traffic impact, addressing the pedestrian, vehicular,
school bus, and truck traffic to be generated; routes to be used;
access points; potential conflict points; proposed improvements, including
street paving, widening, crosswalks, traffic-calming devices, signals,
signs, school bus stops, delivery routes, and sidewalks or pedestrian
improvements.
(c)
Natural resources and environmental impact.
(d)
Fiscal impact: considering the fiscal impact
on the Borough and on the New Hope-Solebury School District.
(e)
Parking impact: considering the number of new
parking spaces required; their location; impact of new use on current
parking supply and demand; and hours of peak demand.
(5)
The proposed changes to the text of this chapter.
B.
Consistency with Borough Comprehensive Plan. All zoning
amendments or changes shall be consistent with the New Hope Borough
Comprehensive Plan, in accordance with Section 603(j) of the Pennsylvania
Municipalities Planning Code.[1] A change shall not be enacted unless the proposed change
is consistent or until the Borough Comprehensive Plan is amended in
a manner that resolves the inconsistency.
[1]
Editor's Note: See 53 P.S. § 10603(j).
The procedures set forth in Article X-A, Appeals
to Court, of the Pennsylvania Municipalities Planning Code,[1] as amended, shall constitute the exclusive mode for securing
review of any decision rendered pursuant to this chapter or deemed
to have been made under this chapter.
[1]
Editor's Note: See 53 P.S. § 11001A
et seq.
