The procedures set forth in Section 607 of Act
247, as amended,[1] shall be followed in the preparation of zoning ordinance
amendments.
A.
Enactment.
(1)
Before voting on the enactment of an amendment, the
governing body shall hold a public hearing thereon, pursuant to public
notice. In addition, if the proposed amendment involves a Zoning Map
change, notice of said public hearing shall be conspicuously posted
by the municipality at points deemed sufficient by the municipality
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.
(2)
In addition to the notice requirements specified in Subsection G(1), where the proposed amendment involves a Zoning Map change, notice of public hearing shall be mailed by the municipality 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 municipality. The notice shall include the location, date, and time of the public hearing.
[Added 12-9-2002 by Ord. No. 448]
B.
Referral to Borough Planning Commission. In the case
of an amendment other than that prepared by the planning agency, the
governing body shall submit each such amendment to the planning agency
at least 30 days prior to the hearing on such proposed amendment to
provide the planning agency an opportunity to submit recommendations.
C.
Rehearings. 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 governing
body shall hold another public hearing, pursuant to public notice,
before proceeding to vote on the amendment.
D.
Referral to County Planning Commission. At least 30
days prior to the public hearing on the amendment by the local governing
body, the municipality shall submit the proposed amendment to the
Montour County Planning Commission (MCPC) for its recommendations.
Within 30 days after enactment, a copy of the amendment to the Zoning
Ordinance shall be forwarded to the MCPC.
G.
Publication, advertisement and availability of ordinances.
(1)
Publication. Publication shall include the time and
place of the meeting at which passage will be considered and a reference
to a place within the municipality where copies of the proposed ordinance
or amendments may be examined without charge or obtained for a charge
not greater than the cost thereof. The governing body shall publish
the proposed ordinance or amendment once in one newspaper of general
circulation in the municipality not more than 60 days nor less than
seven days prior to passage. Publication of the proposed ordinance
or amendment shall include either the full text thereof or the title
and a brief summary, prepared by the Municipal Solicitor and setting
forth all the provisions in reasonable detail. If the full text is
not included:
(a)
A copy thereof shall be supplied to a newspaper
of general circulation in the municipality at the time the public
notice is published.
(b)
An attested copy of the proposed ordinance shall
be filed in the county law library or other county office designated
by the County Commissioners, who may impose a fee no greater than
that necessary to cover the actual costs of storing said ordinances.
(2)
Rehearings. In the event that substantial amendments
are made in the proposed ordinance or amendment, before voting upon
enactment, the governing body shall, at least 10 days prior to enactment,
readvertise in one newspaper of general circulation in the municipality
a brief summary setting forth all the provisions in reasonable detail,
together with a summary of the amendments.
(3)
Recording. Zoning ordinances and amendments may be
incorporated into official ordinance books by reference with the same
force and effect as if duly recorded therein.
(4)
Applicability of ordinance amendments. When an application
for either special exception or a conditional use has been filed with
either the Zoning Hearing Board or the governing body, as relevant,
and the subject matter of such application would ultimately constitute
either a land development or a subdivision, no change or amendment
of the zoning, subdivision or other governing ordinance or plans shall
affect the decision on such application adversely to the applicant
and the applicant shall be entitled to a decision in accordance with
the provisions of the governing ordinances or plans as the stood at
the time the application was duly filed. Provided, further, should
such an application be approved by either the Zoning Hearing Board
or governing body, as relevant, the applicant shall be entitled to
proceed with the submission of either land development or subdivision
plans within a period of six months or longer or as may be approved
by either the Zoning Hearing Board or the governing body following
the date of such approval in accordance with the provisions of the
governing ordinances or plans as the stood at the time the application
was duly filed before either the Zoning Hearing Board or governing
body, as relevant.
[Added 12-9-2002 by Ord. No. 448]
[1]
Editor's Note: See 53 P.S. § 10607.
