[Ord. 738, 8/18/2009]
A.
Any Borough Council may introduce and consider amendments to this Ordinance and/or to the Official Zoning Map as proposed by a Borough Council, by the Joint Planning Commission or by a petition of a landowner within one of the Tri-Borough Communities:
(1)
Petitions for amendment shall be filed with the Joint Planning Commission, and the petitioner, upon such filing, shall pay an advertising deposit and a filing fee in accordance with a schedule affixed from time to time by resolution of the Borough Councils.
(2)
Referral to Joint Planning Commission. Any proposed amendment introduced by a Council shall be referred to the Joint Planning Commission for review.
(3)
Development by Joint Planning Commission. Upon direction from a Borough Council, the Joint Planning Commission shall develop a draft amendment to the Ordinance.
B.
The Joint Planning Commission shall send copies of the draft ordinance amendments, together with any recommendations, to each of the Borough Councils for review. Each Borough Council shall review and provide feedback. The governing bodies of the other participating municipalities shall submit their comments, including a specific recommendation to adopt or not to adopt the proposed amendment, to the governing body of the municipality within which the amendment is proposed. Failure to provide comments shall be construed as a recommendation to adopt the proposed amendments. Upon receipt of the feedback, the Joint Planning Commission shall hold a public meeting and prepare revisions to the amendment as deemed appropriate. See also MPC § 809-A and MPC § 303.
C.
The Joint Planning Commission shall forward the revised amendment to the Sponsor Council. The Sponsor Council shall submit a copy of the revised amendment to the County and each Borough Council for review prior to holding the public hearing. The governing bodies of the other participating municipalities shall submit their comments, including a specific recommendation to adopt or not to adopt the proposed amendment, to the governing body of the municipality within which the amendment is proposed no later than the date of the public hearing. Failure to provide comments shall be construed as a recommendation to adopt the proposed amendments. See also MPC § 809-A and MPC § 303.
D.
The Sponsor Council shall hold a public hearing on the proposed amendment, pursuant to public notice and posting of such notice in the Municipal Building of each Tri-Borough municipality. In addition, if the proposed amendment involves a zoning map change, notice of said public hearing shall be conspicuously posted by the municipality at points deemed sufficient by the municipality along the tract to notify potentially interested citizens. The affected lot or area shall be posted at least one week prior to the date of the hearing.
(1)
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 Sponsor Borough at least 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 500 feet of lot boundary of the area being rezoned, as evidenced by tax records within the possession of the municipalities. 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.
(2)
This clause shall not apply when the rezoning constitutes a comprehensive rezoning.
E.
No amendments to the Joint Municipal Zoning Ordinance shall be effective unless all of the participating Borough Councils approve the amendment.
F.
The process of completing amendments shall comply with MPC § 813-A Publication, Advertisement and Availability of Ordinances.