A.
The Borough Council may from time to time amend, supplement or repeal
any of the regulations and provisions of this chapter. The procedure
for the preparation of a proposed zoning ordinance as set forth in
§ 607 of the Pennsylvania Municipalities Planning Code,
53 P.S. § 10607, is hereby declared optional.
B.
Before voting on the enactment of an amendment, the Borough Council
shall hold a public hearing thereon, pursuant to public notice. 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.
In the case of an amendment other than that prepared by the Planning
Commission, the Borough Council shall submit each such amendment to
the Planning Commission at least 30 days prior to the hearing on such
proposed amendment to provide the Planning Commission an opportunity
to submit recommendations.
D.
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.
E.
At least 30 days prior to the public hearing on the amendment by
the Borough Council, the Borough shall submit the proposed amendment
to the county planning agency for recommendations.
F.
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 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 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 § 916.1 of the Pennsylvania Municipalities
Planning Code (hereinafter "MPC"), 53 P.S. § 10916.1. The
curative amendment and challenge shall be referred to the Planning
Commission and the county planning agency as provided in § 609,
and notice of the hearing thereon shall be given as provided in §§ 610
and 916.1 of the MPC (see 53 P.S. §§ 10609, 10610 and
10916.1).
B.
The hearing shall be conducted in accordance with § 908
of the MPC, 53 P.S. § 10908, 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 this entire chapter and Zoning Map, but only for those provisions
which specifically relate to the landowner's curative amendment
and challenge.
C.
The Borough Council, if it determines 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 this chapter or the Zoning 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;
and
(5)
The impact of the proposal on the preservation of agriculture and
other land uses which are essential to public health and welfare.
A.
If the Borough determines that this chapter, or any portion hereof,
is substantially invalid, it shall take the following actions:
(1)
The Borough shall declare by formal action this chapter or portions
hereof substantially invalid and propose to prepare a curative amendment
to overcome such invalidity. Within 30 days of such declaration and
proposal the Borough Council shall:
B.
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, this chapter pursuant to the provisions of § 609
of the Pennsylvania Municipalities Planning Code (hereinafter "MPC"),
53 P.S. § 10609, in order to cure the declared invalidity
of this chapter.
C.
Upon the initiation of the procedures as set forth in Subsection A, the Borough Council shall not be required to entertain or consider any landowner's curative amendment filed under § 609.1 of the MPC, 53 P.S. § 10609.1, nor shall the Zoning Hearing Board be required to give a report requested under § 909.1 or 916.1 of the MPC, 53 P.S. § 10909.1 or 10916.1, subsequent to the declaration and proposal, based upon the grounds identical or substantially similar to those specified by the resolution required by Subsection A(1). Upon completion of the procedures set forth in Subsections A and B, no rights to a cure pursuant to the provisions of §§ 609.1 and 916.1 of the MPC, 53 P.S. §§ 10609.1 and 10916.1, shall, from the date of the declaration and proposal, accrue to any landowner on the basis of the substantive invalidity of this chapter for which there has been a curative amendment pursuant to this section.
D.
The Borough, having utilized the procedures set forth in this section,
may not again utilize said procedure for a period of 36 months following
the date of enactment of a curative amendment or reaffirmation of
the validity of this chapter; provided, however, if after the date
of declaration and proposal there is a substantially new duty 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 propose a curative amendment to this
chapter to fulfill said duty or obligation.
A.
If it appears to the Borough that a violation of this chapter has
occurred, the Borough shall initiate enforcement proceedings by sending
an enforcement notice as provided in this section.
B.
The enforcement notice shall be sent to the owner of record of the
parcel on which the violation has occurred, to any person who has
filed a written request to receive enforcement notices regarding that
parcel, and to any other person requested in writing by the owner
of record.
C.
An enforcement notice shall state at least the following:
(1)
The name of the owner of record and any other person against whom
the Borough intends to take action.
(2)
The location of the property in violation.
(3)
The specific violation with a description of the requirements which
have not been met, citing in each instance the applicable provisions
of this chapter.
(4)
The date before which the steps for compliance must be commenced,
and the date before which the steps must be completed.
(5)
That the recipient of the notice has the right to appeal to the Zoning
Hearing Board within a period of 10 days.
(6)
That failure to comply with the notice within the time specified,
unless extended by appeal to the Zoning Hearing Board, constitutes
a violation, with possible sanctions clearly described.
In case any building, structure, landscaping or land is, or
is proposed to be, erected, constructed, reconstructed, altered, converted,
maintained or used in violation of this chapter, the Borough Council
or, with the approval of the Borough Council, an officer of the Borough,
or any aggrieved owner or tenant of real property who shows that his
property or person will be substantially affected by the alleged violation,
in addition to other remedies, may institute any appropriate action
or proceeding to prevent, restrain, correct or abate such building,
structure, landscaping or land, or to prevent, in or about such premises,
any act, conduct, business or use constituting a violation. When any
such action is instituted by a landowner or tenant, notice of that
action shall be served upon the Borough at least 30 days prior to
the time the action is begun by serving a copy of the complaint on
the Borough Council. No such action may be maintained until such notice
has been given.
A.
Any person, partnership or corporation who or which has violated
or permitted the violation of the provisions of this chapter shall,
upon being found liable therefor in a civil enforcement proceeding
commenced by the Borough, pay a judgment of not more than $500 plus
all court costs, including reasonable attorney's fees incurred by
the Borough as a result thereof. No judgment shall commence or be
imposed, levied or payable until the date of the determination of
a violation by the Magisterial District Judge. If the defendant neither
pays nor timely appeals the judgment, the Borough may enforce the
judgment pursuant to the applicable rules of civil procedure. Each
day that a violation continues shall constitute a separate violation,
unless the Magisterial District Judge determining that there has been
a violation further determines that there was a good faith basis for
the person, partnership or corporation violating this chapter to have
believed that there was no such violation; in which event there shall
be deemed to have been only one such violation until the fifth day
following the date of the determination of a violation by the Magisterial
District Judge, and thereafter each day that a violation continues
shall constitute a separate violation.
B.
The court of common pleas, upon petition, may grant an order of stay,
upon cause shown, tolling the per diem fine pending a final adjudication
of the violation and judgment.
C.
Nothing contained in this section shall be construed or interpreted
to grant to any person or entity other than the Borough the right
to commence any action for enforcement pursuant to this section.
D.
Magisterial District Judges shall have initial jurisdiction over
proceedings brought under this section.
