Borough of Bell Acres, PA Article XVI Amendments

§ 165-217 Amendment after recommendation by Planning Commission.

Whenever the public necessity, convenience, general welfare or good zoning practice requires, the Borough Council may, by ordinance, after receipt of recommendation thereon from the Planning Commission and subject to the procedures provided by law, amend, supplement or change the regulation, district boundaries or classifications of property, now or hereafter established by this chapter or amendments thereof. It shall be the duty of the Planning Commission to submit its recommendations regarding all applications or proposals for amendments or supplements to the Borough Council.

§ 165-218 Procedure for district changes.

Applications for any change of district boundaries or classifications of property as shown on the Zoning Map shall be submitted to the Planning Commission at its public office, upon such forms, and shall be accompanied by such data and information, as may be prescribed for that purpose by the Planning Commission, so as to assure the fullest practicable presentation of facts for the permanent record. Each such application shall be verified by at least one of the owners of property within the area proposed to be reclassified, attesting to the truth and correctness of all facts and information presented with the applications. Applications for amendments initiated by the Planning Commission shall be accompanied by its motion pertaining to such proposed amendment.

A. Any person or persons desiring a change in the zoning classification of property shall file, with the application for such change, a statement setting forth the names and addresses of the owners of all properties situated within 200 feet of any part of the property the zoning classification of which is proposed to be changed.

B. Before submitting its recommendations on a proposed amendment to the Borough Council, the Planning Commission shall hold a public hearing thereon and give public notice. The notice shall include information regarding text and map.

C. In addition to the published notice as hereinbefore specified, the Planning Commission shall give notice of the time, place and purpose of public hearings to be held by it on proposed amendments or supplements by mailing a postal card or letter notice not less than 14 days and not more than 30 days prior to the date of hearing to the owners of all properties lying within 200 feet of any part of the property proposed to be changed. The failure to notify as provided in this section shall not invalidate any recommendations adopted hereunder, it being the intention of this section to provide, so far as may be possible, due notice to the persons substantially interested in the proposed change that an application is pending before the Planning Commission, proposing to make a change in the Zoning Map or the regulations set forth in this chapter.

D. The Planning Commission may recommend that the application be granted as requested, or it may recommend a modification of the zoning amendment requested in the application, or it may recommend that the application be refused. These recommendations shall then be certified to the Borough Council.

E. At least 14 days and not more than 30 days prior to the presentation of any proposed ordinance amending, supplementing or changing any regulations, restrictions or boundaries hereof, an informative notice of intention to consider such proposed ordinance and a brief summary setting forth the principal provisions thereof and a reference to the place or places with the Borough where copies thereof may be examined shall be published in the manner provided by law for the publication of the chapter.

F. Before voting on the enactment of an amendment, the governing body shall hold a public hearing thereon, pursuant to public notice. In the case of an amendment other than that prepared by the Planning Commission, the governing body 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 revised, or further revised, to include land previously not affected by it, the governing body shall hold another public hearing, pursuant to public notice, before proceeding to vote on the amendment. At least 30 days prior to the hearing on the ordinance by the local governing body, the Borough Planning Commission shall submit the proposed ordinance to the County Planning Commission for recommendations.

G. A landowner who desires to challenge on substantive grounds the validity of an ordinance or 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 governing body with a written request that his challenge and proposed amendment be heard and decided as provided in 53 P.S. § 10916.1 and § 165-201 of this chapter, as amended. The governing body shall commence a hearing thereon within 60 days of the request as provided in 53 P.S. § 10916.1 and § 165-211 of this chapter, as amended. The curative amendment shall be referred to the Planning Commission as provided in Subsection E, and notice of the hearing thereon shall be given as provided in Subsection E of this section and Section 1004 of Act 247, as amended.[1] The hearing shall be conducted in accordance with the following procedure:

(1) The President of the Borough Council shall have power to administer oaths and issue subpoenas to compel the attendance of witnesses and the production of relevant documents and papers, including witnesses and documents requested by the parties.

(2) The parties shall have the right to be represented by counsel and shall be afforded the opportunity to respond and present evidence and argument and cross-examine adverse witnesses on all relevant issues.

(3) Formal rules of evidence shall not apply, but irrelevant, immaterial or unduly repetitious evidence may be excluded.

(4) The governing body shall keep a stenographic record of the proceedings, and a transcript of the proceedings and copies of graphic or written material received in evidence shall be made available to any party at cost.

(5) The governing body shall not communicate, directly or indirectly, with any party or his representatives in connection with any issue involved except upon notice and opportunity for all parties to participate, shall not take notice of any communication, reports, staff memoranda or other materials unless the parties are afforded an opportunity to contest the material so noticed and shall not inspect the site or its surroundings after the commencement of hearings with any party or his or her representative unless all parties are given an opportunity to be present.

[1] Editor's Note: See 53 P.S. § 10101 et seq.

H. Procedure upon municipal curative amendments.

(1) A Borough, by formal action, may declare its zoning chapter or portions thereof substantively invalid and propose to prepare a curative amendment to overcome such invalidity. Within 30 days following such declaration and proposal, the governing body of the Borough shall:

(a) By resolution, make specific findings setting forth the declared invalidity of this chapter which may include references to specific uses which are either not permitted or not permitted in sufficient quantity, reference to a class of use or uses which require revision or reference to the entire chapter which requires revisions.

(b) Begin to prepare and consider a curative amendment to this chapter to correct the declared invalidity.

(2) Within 180 days from the date of the declaration and proposal, the Borough shall enact a curative amendment to, or reaffirm the validity of, its zoning chapter pursuant to the provisions required by Section 609 of the Municipalities Planning Code, Act 247, as amended, to cure the declared invalidity of this chapter.[2]

[2] Editor's Note: See 53 P.S. § 10609.

(3) Upon the initiation of the procedures, as set forth in Subsection H(1), the governing body shall not be required to entertain or consider any landowner's curative amendment filed under 53 P.S. § 10609.1 as Section 609.1, nor shall the Zoning Hearing Board be required to give a report requested under 53 P.S. § 10909.1 or 10916.1, subsequent to the declaration and proposal, based upon the grounds identical to or substantially similar to those specified in the resolution required by Subsection H(1)(a). Upon completion of the procedures as set forth in Subsection H(1) and (2), no right to a cure pursuant to the provisions of Sections 609.1 and 53 P.S. § 10916.1, shall, from the date of the declaration and proposal, accrue to any landowner on the basis of the substantive invalidity of the unamended zoning chapter for which there has been a curative amendment pursuant to this section.

(4) A Borough having utilized the procedures as set forth in Subsection H(1) and (2) may not again 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 its zoning chapter pursuant to Subsection H(2); provided, however, that if, after the date of declaration and proposal, there is a substantially new duty or obligation imposed upon the municipality by virtue of a change in statute or by virtue of a Pennsylvania Appellate Court decision, the municipality may utilize the provisions of this section to prepare a curative amendment to its ordinance to fulfill said duty or obligation.

§ 165-219 Application fees and payment of costs.

A. At the time that an application for the change of zoning districts is filed with the Planning Commission, as provided herein, there shall be deposited with the Borough Treasurer the sum as set forth by resolution of the Borough Council as a fee to cover investigation, legal notices and other expenses incidental to the determination of such matter, such fee to be for one lot or part of one lot. An additional fee as set forth by resolution of the Borough Council shall be deposited for each additional lot, or part of an additional lot, which may be included in the request, such additional lot or part of a lot to be adjacent to each other. Such sums so deposited shall be credited by the Borough Treasurer to the general fund of the Borough.

B. If a verbatim record of proceedings is desired, such cost of recording must be borne by the applicant.

C. Applicants requesting a transcript of proceedings shall pay all costs of said transcript.

D. Any recommendation of the Planning Commission shall be certified to the Borough Council by the Planning Commission, and in the event of an adverse recommendation, any applicant or affected person may, within 10 days of such certification, appeal the recommendation of the Planning Commission to the Borough Council. Such appeal shall request that the Borough Council cause an ordinance to be prepared and a public hearing scheduled on the applicant's request. In the event that the applicant or affected person elects not to appeal the decision of the Planning Commission, then a refund of $100 shall be made to the applicant or affected person by the Borough Treasurer, provided that the applicant requests within 30 days that the Commission's recommendation not be sent to Council.