[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.
[Ord. 738, 8/18/2009]
A.
Curative amendments, along with the applicable application fee, shall
be filed in the municipality within which the landowner's property
is located. Provided, however, that the applicable Council before
which the curative amendment is brought shall not have the power to
adopt any amendment to the Joint Zoning Ordinance without the approval
of each Tri-Borough Community. The challenge shall be directed to
the validity of the Joint Zoning Ordinance as it applies to the entire
area of its jurisdiction. Application for said amendment shall include
all information as identified on the application form as available
in the applicable Borough Municipal Office.
B.
A landowner who desires to challenge on substantive grounds the validity
of the Joint Zoning Ordinance or 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 applicable
Council with a written request that his challenge and proposed amendment
be heard and decided.
C.
The applicable Council shall commence a hearing thereon within 60
days of the request as provided by the MPC. The curative amendment
and challenge shall be referred to the Joint Planning Agency and each
Borough Council and notice of the hearing thereon shall be given as
provided in according to the MPC.
D.
The hearing shall be conducted in accordance with § 908
of the MPC and all references therein to the zoning hearing board
shall, for purposes of this Section be references to the governing
body: provided, however, that the provisions of § 908 (1.2)
and (9) of the MPC shall not apply and the provisions of § 916.1
of the MPC shall control. If a municipality 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 the entire
Zoning Ordinance and Map, but only for those provisions which specifically
relate to the landowner's curative amendment and challenge.
E.
The Council of a municipality which has determined 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 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 the ordinance 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.
[Ord. 738, 8/18/2009]
A.
Procedure upon Municipal Curative Amendment.
(1)
A Borough Council, by formal action, may declare the Joint Zoning
Ordinance or portions thereof substantially invalid and propose that
the Tri-Borough Communities prepare a curative amendment to overcome
such invalidity. The formal action shall make specific findings setting
forth the declared invalidity of the Joint Zoning Ordinance which
may include:
(2)
The Councils of each Tri-Borough Community shall vote, within
30 days following such declaration by the initiating governing body,
by formal action whether or not to declare the Joint Zoning Ordinance
or portions thereof substantially invalid.
(a)
In the event of the failure of all of the Borough Councils to
declare the Joint Zoning Ordinance or portions thereof substantially
invalid within the 30 days following such declaration, the declaration
by the initiating Council shall be deemed null and void.
(b)
In the event that each of the Tri-Borough Councils vote, by
formal action, not to declare the Joint Zoning Ordinance invalid in
accordance with this Section. The declaration of the initiating Council
shall be deemed null and void.
(c)
The declaration shall be binding upon all the Tri-Borough Communities
from the moment the initiating Council declares the Joint Zoning Ordinance
invalid.
(d)
In the event that all of the Borough Councils take formal action
to declare the Joint Zoning Ordinance or portions thereof substantially
invalid within 30 days.
(3)
Upon the declaration that the Joint Zoning Ordinance is invalid
by one or more of the Tri-Borough Councils, the Tri-Borough Communities
shall begin to prepare and consider a curative amendment to the Joint
Zoning Ordinance to correct the declared invalidity.
B.
Within nine months from when all three of the participating municipalities
have taken formal action to declare the Joint Zoning Ordinance or
part thereof invalid, the Tri-Borough Communities shall enact a curative
amendment to or reaffirm the validity of this Ordinance pursuant to
the provisions required by this Ordinance to cure the declared invalidity
of this Ordinance.
C.
Upon the initiation of the procedures by the initiating Council as
set forth in paragraph .A(1), no Council shall be required to entertain
or consider any landowner's curative amendment as provided for
by the MPC. Upon completion of the procedures as set forth in paragraphs
.A and .B, no rights to a cure pursuant to the provisions of the MPC,
shall, from the date of the declaration and proposal, accrue to any
landowner on the basis of the substantive invalidity of this Ordinance
for which there has been a curative amendment pursuant to this Section.
D.
The Tri-Borough Communities having jointly utilized the procedures
as set forth in paragraphs .A and .B may not again utilize said procedures
for a thirty-six-month period following the date of the enactment
of a curative amendment or reaffirmation of the validity of this Ordinance
pursuant to paragraph .B; provided, however, if after the date of
declaration and proposal there is a substantially new duty or obligation
imposed upon the Council by virtue of a change in statute or by virtue
of a Pennsylvania Appellate Court decision, the Tri-Borough Communities
may utilize the provisions of this Section to prepare a curative amendment
to the Joint Zoning Ordinance to fulfill said duty or obligation;
provided, however, that the Tri-Borough Communities shall not be deemed
to have utilized the procedures set forth in paragraphs .A and .B
either if the Tri-Borough Communities take formal action to not declare
the Joint Zoning Ordinance invalid in accordance with paragraph .A(2)
or if they fail to act in accordance with paragraph .A(2) above.
