Whenever the public necessity, convenience,
general good or good zoning practice require, the Council, by ordinance,
may, after receipt of recommendation thereon from the Planning Commission
and subject to procedures provided by law, amend, supplement, change
or repeal the regulations, district boundaries or classifications
of property now or hereafter established by this chapter or amendments
thereof.
Amendments to the text of this chapter or map may be initiated by the Planning Commission by motion recommending adoption according to procedures enumerated in §
350-74 below and be submitted to the Borough Council, who shall follow the procedures enumerated in §
350-73 below.
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 §
350-74 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 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 §
350-77 below.
E. Revision of amendment. If, after the public hearing held upon the 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, which notice shall be given in the manner prescribed in §
350-77 below, before proceeding to vote on the amendment.
F. Mediation option. The Borough may offer a mediation option as an aid in completing proceedings authorized by this section. In exercising such an option, the Borough and mediation parties shall meet the stipulations and follow the procedures set forth in Article
X, §
350-52.
G. 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.
H. Notice of decision. The applicant and others requesting
notice of the decision of the Borough Council shall receive such notice
through the Zoning Officer.
I. Filing copy of amendment with county. Within 30 days
after enactment, a 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 and map of the proposed zoning
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
zoning amendment, together with recommendations and explanatory materials,
upon the 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 and the
Comprehensive Plan upon which this chapter is based. 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.
A landowner shall follow the procedures below
for challenging the validity of this chapter text or map:
A. Submission of curative amendment and request for hearing. A landowner who desires to challenge on substantive grounds the validity of this chapter or map or any provision thereof which prohibits or restricts the use or development of land in which he/she 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 for in Article
X, §
350-61, Validity; substantive questions.
B. Hearing schedule. The Borough Council shall commence a public hearing thereon within 60 days of the request as provided in Article
X, §
350-61.
C. Referral to the Planning Commission. The curative amendment and challenge shall be referred to the Planning Commission as provided for in §
350-74B above.
D. Referral to County Planning Commission. The curative amendment and challenge shall be referred to the County Planning Commission as provided for in §
350-73C above.
E. Notice of public hearing. Notice of the public hearing on the curative amendment shall be given as provided for in §§
350-78 and
350-61.
F. Hearing procedures. The public hearing shall be conducted in accordance with §
350-51, Hearings, and all references therein to the Zoning Hearing Board shall, for the purposes of curative amendments, be references to the Borough Council.
G. Consideration for evaluating curative amendments.
The Borough Council shall consider the curative amendment, plans and
explanatory material submitted by the landowner and shall also consider:
(1) The impact of the proposal upon roads, sewer facilities,
water supplies, schools and other public service facilities;
(2) 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 map;
(3) 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;
(4) The impact of the proposed use on the site's soils,
woodlands, wetlands, floodplains, natural resources and natural features,
the degree to which these are protected or destroyed, the tolerance
of the resource to development and any adverse environmental impacts;
and
(5) The impact of the proposal on the preservation of
agriculture and other land uses which are essential to public health
and welfare.
H. Rejection of curative amendment. If the Borough Council
does not accept a landowner's curative amendment brought in accordance
with this section and a court subsequently rules that the challenge
has merit, the court's decision shall not result in a declaration
of invalidity for the entire Zoning Chapter and Map, but only for
those provisions which specifically relate to the landowners curative
amendment and challenge.
I. Approval of curative amendment or alternative. If
the Borough Council determines that the validity challenge has merit,
it may accept a landowner's curative amendment, with or without revision,
or may adopt an alternative amendment which will cure the challenged
defect.
If the Borough Council determines that this
chapter or any portion thereof is substantially invalid, it shall
take the following actions:
A. Declaration of invalidity and proposal for curative
amendment. The Borough Council, by formal action, 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 declared invalidity of this chapter, which may include:
(a)
References to specific uses which are either
not permitted, or not permitted in sufficient quantity;
(b)
Reference to a class of use or uses which require
revision; or
(c)
Reference to the entire chapter which requires
revisions.
(2) Begin to prepare and consider a curative amendment
to this chapter to correct the declared invalidity.
B. Time limit for enactment of curative amendment. Within 180 days from the date of the declaration and proposal, the Borough Council shall enact a curative amendment to validate, or reaffirm the validity of, this chapter pursuant to the provisions required by §
350-73, in order to cure the declared invalidity of this chapter.
C. Similar landowner's curative amendment need not be
considered.
(1) Upon the initiation of the procedures as set forth in §
350-76A(1) above, the Borough Council shall not be required to entertain or consider any landowners curative amendment under §
350-75, nor shall the Zoning Hearing Board be required to give a report requested under Article
X, §
350-53A or §
350-61, subsequent to the declaration and proposal if the municipal curative amendment is based upon the grounds identical to or substantially similar to those specified in the resolution required by §
350-76A(1).
(2) Furthermore, upon completion of the procedures as set forth in §
350-76A and
B above, no rights to a cure pursuant to the provisions of §§
350-75 and
350-61 shall, from the date of the 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. Frequency of use of municipal curative amendment. The Borough Council, having utilized the procedures as set forth in §
350-76A and
B above, may not again utilize said procedure for a thirty-six-month period following the date of the enactment of a curative amendment, or a reaffirmation of the validity of this chapter, pursuant to §
350-76B; 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 a Pennsylvania Appellate Court decision, the Borough may utilize the provisions of this section to prepare a curative amendment to its chapter to fulfill said duty or obligation.
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
Zoning Chapter amendment 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) A 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 Zoning Chapter amendment
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 Zoning
Chapter amendment 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.
C. Posting of property. In addition, if the proposed
amendment involves a Zoning Map change, notice of said public hearing shall be conspicuously
posted by the Borough along the perimeter of the tract not more than
every 100 feet apart and at least one week prior to the date of the
hearing to notify potentially interested citizens.