Borough of West Grove, PA Article XXIII Amendments

§ 400-147 Power of amendment.

Borough Council may from time to time amend, supplement, change, modify or repeal this chapter including the Zoning Map, by proceeding in the manner prescribed in this article and the Municipalities Planning Code.[1]

[1] Editor's Note: See 53 P.S. § 10101 et seq.

§ 400-148 Public hearing and notice.

A. Before voting on the enactment of a zoning 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, and Sections 107, 609, and 610 of the Municipalities Planning Code.[1]

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

(1) Where 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 tracts to notify potentially interested citizens. The affected tract or area shall be posted a minimum of one week prior to the date of the hearing.

(2) In addition to the requirement that notice be posted under § 400-148A(1), above, where the proposed amendment involves a Zoning Map change, notice of the public hearing shall be mailed by the Borough a minimum of 30 days prior to the date of the hearing by first class mail to the addresses 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. When a rezoning constitutes a comprehensive rezoning, mailing is not required in accordance with the Municipalities Planning Code.

[1] Editor's Note: See 53 P.S. §§ 10107, 10609 and 10610, respectively.

B. Full opportunity to be heard shall be given to any citizen and all parties in interest attending such 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, and mailed notice and electronic notice, if applicable, before proceeding to vote on the amendment.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

D. A minimum of 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 Commission for recommendations.

E. Within 30 days after enactment, a copy of the amendment to the Zoning Ordinance shall be forwarded to the County Planning Commission.

§ 400-149 Citizen's petition.

Whenever the owners of 50% or more of the area in any district shall present to Borough Council a petition, duly signed and acknowledged, requesting an amendment, supplement, change, modification or repeal of any of the regulations or restrictions prescribed by this chapter for their district, or a change or modification of the Zoning Map for their district, it shall be the duty of Borough Council to hold a public hearing thereon and cause notice thereof to be given in the manner prescribed in § 400-148 above.

§ 400-150 Applicability of ordinance amendments.

When an application for a special exception has been filed with the Zoning Hearing Board and the subject matter of such application would ultimately constitute either a land development or subdivision as defined herein, no change or amendment of the zoning or other land use ordinance shall affect the decision on such application adversely to the applicant and the applicant shall be entitled to a decision in accordance with the provisions of the governing ordinance or plans as they stood at the time the application was duly filed. Provided, further, should such an application be approved by the Zoning Hearing Board, the applicant shall be entitled to proceed with the submission of either land development or subdivision plans within a period of six months or as may be approved by the Zoning Hearing Board following the date of such approval in accordance with the provisions of this chapter as they stood at the time the application was duly filed before the Zoning Hearing Board. If either land development or subdivision plan is filed within said period, such plan shall be subject to the provisions of Chapter 350, Subdivision and Land Development, specifically to time limitations which shall commence as of the date of filing such land development or subdivision plan.

§ 400-151 Curative amendment procedures.

A. Landowner curative amendments. 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/she has an interest, may submit a curative amendment to the Borough Council with a written request that his/her challenge and proposed amendment be heard and decided as provided in Section 916.1 of the Municipalities Planning Code.[1] The procedure for landowner curative amendments shall be in accordance with Section 609.1 of the Municipalities Planning Code.[2]

[1] Editor's Note: See 53 P.S. § 10916.1.

[2] Editor's Note: See 53 P.S. § 10609.1.

B. Borough curative amendments. If the Borough Council determines that this Zoning Ordinance or any portion thereof or amendment thereto is substantially invalid, it shall have the right to prepare a curative amendment in accordance with the procedures set forth in Section 609.2 of the Municipalities Planning Code.[3]

[3] Editor's Note: See 53 P.S. § 10609.2.