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.
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.
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.
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.
At the public hearing, an opportunity to be heard shall be given
to any citizen and all parties in interest.
The adoption of an amendment shall be by simple majority vote
of the Borough Council.
Within 30 days after enactment, a copy of the amendment to this
chapter shall be forwarded to the County Planning Agency.
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:
(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.
