The Borough Council of the Borough of Pennsburg from time to
time may amend, supplement, change, modify or repeal this chapter,
in whole or in part, including the Zoning Map, by the procedures noted
herein, or as otherwise required by law.
For any amendment proposed to this chapter, the Borough Council
shall conduct a public hearing pursuant to public notice, as follows:
A.
At a regular or special meeting, the Borough Council shall fix the
time and place for the public hearing.
B.
Notice of hearing. Notice of the hearing shall be published once
a 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 particular nature of the matter to be considered at the
hearing. The first publication shall not be more than 30 days and
the second publication shall not be less than seven days from the
date of the hearing. The notice shall include reference to the time
and place of the hearing as well as the place in the Borough where
copies of the amendment may be examined without charge or obtained
for the cost of reproduction.
C.
Publication of text. The full text of the proposed amendment, or
a reasonably detailed summary prepared by the Borough Solicitor, shall
be published once in a newspaper of general circulation in the Borough,
no less than seven days and no more than 60 days before a vote of
enactment. If the full text is not published:
D.
Mailed notice. Notice shall be mailed to every person or group who
shall have registered with the Borough their names and addresses for
this purpose.
E.
Perimeter posting. If the proposed amendment involves a Zoning Map
change, notice of said public hearing shall be conspicuously posted
along the perimeter of the affected tract by the Borough at least
one week prior to the public hearing, at points deemed by the Borough
to be sufficient to notify potentially interested citizens.
F.
Change to amendment. If, after any public hearing, the proposed amendment
is changed substantially or is revised to include land not previously
affected, the Council shall hold another public hearing, pursuant
to public notice, before proceeding to a vote on the amendment.
G.
Notice of change to amendment. Where a public hearing is required in accordance with § 110-2001F above, at least 10 days before voting to enact, the Council shall publish in a newspaper of general circulation in the Borough a brief summary setting forth in reasonable detail the provisions of the amendment along with a summary of the changed portions of the amendment.
H.
Thirty days prior to the hearing on the proposed amendment, the Borough
Council shall submit the proposed ordinance to the Montgomery County
Planning Commission for review and recommendation.
Every application for amendment of the Zoning Ordinance shall
first be presented to the Zoning Officer and shall contain the following:
A.
The applicant's name and address and his or her representative and
the interest of every person represented in the application.
B.
A plan showing the extent of the area to be rezoned, streets bounding
and intersecting the area, the land use and zoning classification
of abutting districts, and photographs of the area to be rezoned and
abutting area.
C.
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.
The approximate time schedule for the beginning and completion of
development in the area.
E.
A site plan to scale, indicating the locations of structures, uses,
areas for off-street parking and loading.
F.
Information about the market area to be served by the proposed development,
if a commercial use, including the population to be served, effective
demand for proposed business facilities, and any other information
necessary for the Borough Council to evaluate the proposal.
Whenever the owners of 50% or more of the frontage in any zoning district shall present to the Borough Council a petition, duly signed and acknowledged, requesting an amendment, supplement, change, modification or repeal of the regulations prescribed for or of the Zoning Map including such district, it shall be the duty of the Borough Council to hold a public hearing thereon and cause notice thereof to be given in the manner prescribed in § 110-2001 herein; provided, however, that the Borough Council shall not be required to consider a petition requesting an amendment, supplement, change, modification or repeal of any provision of the Zoning Ordinance or the Zoning Map, or to hold a public hearing thereon, when the requested change is the same or substantially the same as requested and upon which a public hearing has been held within the previous year. Such petition shall set forth the following facts:
At the public hearing, full opportunity to be heard shall be
given to any citizen and all parties in interest.
Within 30 days after enactment, a copy of the amendment shall
be forwarded to the Montgomery County Planning Commission.
For the purpose of defraying expenses of advertising, etc.,
applications for amendments shall be accompanied by payment to the
Borough in accordance with its adopted fee schedule.
