Borough of Northampton, PA Article IX Amendment Procedure

§ 250-49 Amendments.

The Borough may, on its own motion or by petition amend, supplement, change, modify, or repeal this chapter, including the Zoning Map, by proceeding in the manner set forth below.

§ 250-50 Public hearing.

A. The Borough shall fix the time and place of a public hearing on the proposed amendment. A public notice as defined in this chapter shall be published as notification to the public of the proposed amendment.

B. In addition, 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 by 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.

C. 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 Borough Council shall hold another public hearing, pursuant to public notice, before proceeding to vote on the amendment.

§ 250-51 Review by Planning Commission.

Every such proposed amendment or change, whether initiated by the Borough or by petition, shall be referred to the Planning Commission at least 30 days before the public hearing for report on the proposed amendment. If the Planning Commission shall fail to file such a report before the public hearing, it shall be presumed that the Planning Commission has approved the proposed amendment, supplement or change.

§ 250-52 Review by County Planning Agency.

The Borough Council shall submit the proposed zoning ordinance amendment to the County Planning Agency at least 30 days prior to the date of the Borough Council public hearing on the Zoning amendment.

§ 250-53 Opportunity to be heard.

At the public hearing, an opportunity to be heard shall be given to any citizen and all parties in interest.

§ 250-54 Enactment of amendment.

The adoption of an amendment shall be by simple majority vote of the Borough Council.

§ 250-55 Copy to County Planning Agency.

Within 30 days after enactment, a copy of the amendment to this chapter shall be forwarded to the County Planning Agency.

§ 250-56 Curative amendments.

A. A landowner who desires to challenge on substantive grounds the validity of a zoning 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 Borough Council with a written request that this challenge and proposed amendment be heard and decided as provided in Section 916.1 of the Pennsylvania Municipalities Planning Code, 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. The curative amendment and challenge shall be referred to the Borough Planning Commission and County planning agency as provided in this Article IX, and notice of the hearing thereon shall be given as provided.

[1] Editor's Note: See 53 P.S. § 10916.1.

B. The hearing shall be conducted in accordance with § 250-38, Public hearings and notice, and all references therein to the Zoning Hearing Board shall, for purposes of this section, be references to the Borough Council. If the Borough does not accept a landowner's curative amendment brought in accordance with this subsection 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 ordinance and map, but only for those provisions which specifically relate to the landowner's curative amendment and challenge.

C. The Borough Council of the Borough which has determined that a validity challenge has merit may accept a landowner's curative amendment, with or without revision, or may adopt an alternative amendment which will cure the challenged defects. The Borough Council shall consider the curative amendments, 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 the ordinance or map;

(3) The suitability of the site for the intensity of use proposed by the site's soils, slopes, woodland, wetlands, floodplains, aquifers, natural resources and other natural features;

(4) The impact of the proposed use on the site's soils, slopes, woodlands, wetlands, floodplains, natural resources and natural features, the degree to which these are protected or destroyed, the tolerance of the resources 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.

D. Procedure for municipal curative amendments. If the Borough determines that its zoning ordinance or any portion thereof is substantially invalid, it shall take the following actions:

(1) The Borough shall declare by formal action its zoning ordinance 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 Borough Council of the Borough shall:

(a) By resolution make specific findings setting forth the declared invalidity of the zoning ordinance which may include:

[1] References to specific uses which are either not permitted or not permitted in sufficient quantity;

[2] Reference to a class of use or uses which require revision; or

[3] Reference to the entire ordinance which requires revisions.

(b) Begin to prepare and consider a curative amendment to the zoning ordinance 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 validate, or reaffirm the validity of, its zoning ordinance pursuant to the provisions required by this section in order to cure the declared invalidity of the zoning ordinance.

(3) Upon the initiation of the procedures, as set forth in Subsection D(1), the Borough Council shall not be required to entertain or consider any landowner's curative amendment filed under this section, nor shall the Zoning Hearing Board be required to give a report subsequent to the declaration and proposal based upon the grounds identical to or substantially similar to those specified in the resolution required by Subsection A. Upon completion of the procedures as set forth in the curative amendment Subsection D(1) and (2), no rights to a cure pursuant to the provisions of Subsection D and § 250-60, Validity, shall, from the date of the declaration and proposal, accrue to any landowner on the basis of the substantive invalidity of the unamended zoning ordinance for which there has been a curative amendment pursuant to this section.

(4) The Borough, having utilized the procedures as set forth in Subsection D(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 ordinance, pursuant to curative amendment Subsection D(2); provided, however, 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 ordinance to fulfill said duty or obligation.