This chapter is hereby enacted pursuant to the provisions of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq.
B.
Hearing; notice.
(1)
Before voting on the enactment of an amendment, the Borough 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.
(2)
Notice for Zoning Map changes.
(a)
In addition to the requirement that notice be posted, where the proposed amendment involves a Zoning Map change, 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.
(b)
This subsection shall not apply when the rezoning constitutes a comprehensive rezoning.
C.
In the case of an amendment other than that prepared by the Borough Planning Commission, the Borough shall submit each such amendment to the Borough Planning Commission at least 30 days prior to the hearing on such proposed amendment to provide the Borough 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 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 Berks County Planning Commission for recommendations.
F.
The Borough may offer a mediation option as an aid in completing proceedings authorized by this section. In exercising such an option, the Borough and mediating parties shall meet the stipulations and follow the procedures set forth in § 455-30 of this chapter.
G.
Within 30 days after enactment, a copy of the amendment to this chapter shall be forwarded to the Berks County Planning Commission.
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, or a landowner aggrieved by a use or development permitted on the land of another by this chapter or the Zoning Map, or any provision thereof, who desires to challenge its validity on substantive grounds may submit a curative amendment to the Borough Council with a written request that his challenge and proposed amendments be heard and decided as provided in § 916.1 of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10916.1. The curative amendment and challenge shall be referred to the Borough of West Reading Planning Commission and the Berks County Planning Commission as provided in § 609 and notice of the hearing thereon shall be given as provided in §§ 610 and 916.1 of the MPC, 53 P.S. §§ 10609, 10610, and 10916.1. The Borough reserves the right to retain an independent attorney to present the defense of the Zoning Ordinance to any curative amendment challenge.
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; provided, however, that the provisions of § 908(1.2) and (9) of the MPC shall not apply, and the provisions of § 916.1 shall control. If the Borough of West Reading 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 the 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 amendment, 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 agricultural and other land uses which are essential to public health and welfare.
If the Borough of West Reading determines that this chapter, or any portion thereof, is substantially invalid, it shall take the following actions:
A.
The Borough of West Reading 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 of West Reading 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, 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 of this section, 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) of this section. Upon completion of the procedures set forth in Subsections A and B of this section, 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.