[Amended 1-20-1976 by Ord. No. 2; 3-2-1992 by Ord. No. 1]
The Borough Council may amend this chapter as proposed by a
member of the Borough Council, by the Zoning Hearing Board or by a
petition of a person residing or owning property within the municipality
in accordance with the following provisions:
A.
Petitions for amendment shall be submitted to the Borough Council,
and the petitioner, upon such filing, shall pay an advertising deposit
and a filing fee in accordance with this chapter. The Council shall
commence and conduct a hearing thereon within 60 days of the request
as provided by law. The amendment shall be referred to the Zoning
Hearing Board at least 30 days prior to the hearing, and notice of
said hearing shall be given as provided by law.
B.
Any proposed amendment introduced by a member of the Borough Council
without written findings and recommendation from the Zoning Hearing
Board shall be referred to the Zoning Hearing Board for review at
least 30 days prior to public hearing by the municipality.
C.
Before voting on the enactment of an amendment, the Borough Council
shall hold a public hearing thereon, pursuant to public notice, and
pursuant to mailed notice and electronic notice if applicable per
53 P.S. § 10109. 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,
and mailed notice and electronic notice, if applicable, before proceeding
to vote on the amendment.
D.
At least 30 days prior to Borough Council's public hearing on the
amendment, the Borough shall submit the amendment to the Washington
County Planning Commission for review and comment.
E.
Any requested amendment, other than those prepared by Borough Council
or the Zoning Hearing Board, shall be initiated by petition. The petition
shall be prepared in accordance with the requirements specified in
the Zoning Hearing Board's rules of procedure and shall be submitted
to the Zoning Hearing Board for review in accordance with said rules.
F.
Amendments involving Zoning Map changes.
(1)
In
the case where a proposed amendment involves the rezoning of property,
a minimum of five public notices shall be posted on and around the
affected property for a minimum of seven days prior to the date of
the public hearing conducted by Borough Council.
(2)
In
addition, 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 addressees 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. A good
faith effort and substantial compliance shall satisfy the requirements
of this subsection. This clause shall not apply when the rezoning
constitutes a comprehensive rezoning.
H.
Within 30 days after enactment, a certified copy of the amendment
to this chapter shall be forwarded to the Washington County Planning
Commission.
Any landowner who wishes to challenge the validity, on substantive
grounds, of this chapter or the Zoning Map or any provision thereof
which prohibits or restricts the use or development of land in which
he has an interest may file a curative amendment, together with a
written request that the challenge and the proposed amendment be heard
and decided by Borough Council in accordance with the provisions of
Sections 609.1 and 916.1 of the Pennsylvania Municipalities Planning
Code (PA Act 247, as amended).[2]
A.
Borough Council shall hold a public hearing, pursuant to public notice,
on the matter within 60 days of receiving the request at a regular
monthly meeting. Borough Council shall conduct the hearing in accordance
with the requirements for conducting a public hearing specified in
Section 908 of the Pennsylvania Municipalities Planning Code.[3] All references in Section 908 to the Zoning Hearing Board
shall apply to Borough Council.
[3]
Editor's Note: See 53 P.S. § 10908.
B.
The curative amendment and challenge shall be referred to the Borough
Council and County Planning Commission for review and comment at least
30 days prior to the public hearing.
C.
Evaluating merits of curative amendment. If Borough Council determines
that a validity challenge has merit, Borough Council may accept a
landowner's curative amendment, with or without revision, or may adopt
an alternative amendment which will cure the challenged defects. 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 this chapter or map.
(3)
The suitability of the site for the intensity of use proposed by
the site's soils, slopes, woodlands, 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.
(5)
The impact of the proposal on the preservation of agriculture and
other land uses which are essential to public health and welfare.
D.
Declaration of invalidity by the court. If the Borough does not accept
a landowner's curative amendment brought in accordance with this section
and a court subsequently rules that the challenge has merit, the court's
decision shall not result in a declaration of invalidity for this
entire chapter, but only for those provisions which specifically relate
to the landowner's curative amendment and challenge.
