[Ord. 2227, 12-10-2013]
1.Â
Borough Council may from time to time amend, supplement, change,
modify or repeal the contents of this chapter, including the Zoning
Map. Any amendment, supplement, reclassification or change may be
initiated by the Borough Council, the Planning Commission or by a
petition to Borough Council from a property owner within the Borough.
Borough Council shall fix the time and place of a public hearing on
the proposed change, amendment or repeal and cause notice thereof
to be given as follows:
A.Â
By publishing a notice 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 be not more than 30 days or less than seven days from the date
of the hearing.
B.Â
The notice shall also set forth the principal provisions of the proposed
change, amendment or repeal in reasonable detail and a reference to
a place in the Borough where copies of the proposed change, amendment
or repeal may be examined or purchased at a charge not exceeding the
cost thereof. Full opportunity to be heard will be given to any citizen
and all parties in interest attending such hearing.
C.Â
If the proposed amendment involves a Zoning Map change, notice of
said public hearing shall be conspicuously posted by the authorized
representatives of the Borough at points deemed sufficient along 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. In addition to the requirement that notice be posted along
the property, if the proposed amendment involves a Zoning Map change,
notice of the public hearing shall be mailed by the Borough 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 Borough. The notice shall include the
location, date and time of the public hearing.
2.Â
Borough Council shall refer each petition or proposal for change
or amendment, whether under this article or under another article,
to the Planning Commission, which shall consider whether or not such
proposed change or amendment would be, in the view of the Planning
Commission, consistent with and desirable in furtherance of the Comprehensive
Plan upon which this chapter is based, as the same may be modified
from time to time. The Planning Commission shall transmit its recommendations
and conclusions to Borough Council within 30 days. Borough Council
shall take such recommendations and conclusions into consideration
in reaching its decision but shall not be bound thereby.
3.Â
Borough Council shall submit the proposed zoning amendment to the
Chester County Planning Commission at least 30 days prior to the hearing
for its review and comments. Borough Council shall take such comments
into consideration in reaching its decision but shall not be bound
thereby.
4.Â
The public hearing shall be conducted in accordance with the appropriate
provisions that are established within this chapter and the MPC.
5.Â
If the zoning amendment is enacted by Borough Council, an endorsed
copy of the zoning amendment shall be forwarded to the Chester County
Planning Commission within 30 days of enactment.
[Ord. 2227, 12-10-2013]
1.Â
A landowner who desires to challenge on substantive grounds the validity
of this chapter which prohibits or restricts the use or development
of land in which he has an interest may submit a curative amendment
to Borough Council with a written request that his challenge and proposed
amendment be heard. All such landowner curative amendments shall be
decided as provided in accordance with the appropriate provisions
that are established within this chapter and the MPC.
2.Â
The Borough, by formal action, may declare this chapter or portions
thereof substantively invalid and propose the preparation of a municipal
curative amendment to overcome such invalidity. All such municipal
curative amendments shall be decided as provided in accordance with
the appropriate provisions that are established within this chapter
and the MPC.
3.Â
All landowner curative amendments and/or municipal curative amendments
shall be referred to the Planning Commission and the Chester County
Planning Commission at least 30 days prior to the initial hearing
date to provide both agencies with an opportunity to submit recommendations.
4.Â
The advertisement, posting and scheduling of the public hearing shall
be conducted in accordance with the appropriate provisions that are
established within this chapter and the MPC.
5.Â
If the landowner curative amendment and/or the municipal curative
amendment is enacted by Borough Council, an endorsed copy of the amendment
shall be forwarded to the Chester County Planning Commission within
30 days of enactment.
[Ord. 2227, 12-10-2013]
1.Â
All appeals concerning the review, application, interpretation and
decisions authorized by this chapter shall be in accordance with the
appropriate provisions that are established within this chapter and
the MPC.
2.Â
All appeals concerning an alleged error in the processing or enactment
of any components of this chapter shall be raised by appeal taken
directly from the action of the Borough Council to the appropriate
court, which shall not be filed later than 30 days from the effective
date of this chapter.