A.Â
The Borough Council may from time to time amend this
chapter, including the Zoning Map.
B.Â
Proposals for amendment 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.Â
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 be no more than
30 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, as amended.[1] If the proposed amendment involves a Zoning Map change,
notice of said public hearing shall be conspicuously posted by the
Borough at points deemed sufficient to 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.
[1]
Editor's Note: See 53 P.S. § 10610..
B.Â
If, after any public hearing held upon an amendment,
the proposed amendment 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.Â
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. Proposed amendments shall
be submitted to the Bucks County Planning Commission 30 days prior
to the hearing for recommendations.
B.Â
Within 30 days after enactment, a copy of the amendment
to the Zoning Ordinance shall be forwarded to the Bucks County Planning
Commission.
A.Â
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 Section 916.1 of the
Municipalities Planning Code (Act 247), as amended.[1] The Borough Council shall commence a hearing thereon within
60 days of the request as provided in Section 916.1 of the Pennsylvania
Municipalities Planning Code, 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 Pennsylvania
Municipalities Planning Code, as amended.
[1]
Editor's Note: See 53 P.S. § 10916.1.
Every application for amendment to the Zoning
Ordinance shall first be presented to the Borough Secretary with the
fee as set forth by the Borough Council by resolution, and shall set
forth the following:
A.Â
The applicant's name and address and his representative
and the interest of every person represented in the application.
B.Â
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 of the areas to be rezoned.
C.Â
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.
D.Â
Information and analysis of traffic and other impacts
that may be needed by the Borough to evaluate the proposed amendment.
Traffic and environmental impact statements, when required, shall
be in accordance with the standards of Borough ordinances.
The procedures set forth in Article X-A of the
Pennsylvania Municipalities Planning Code, Act 247, as amended,[1] 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. § 11001-A et seq.