A.
The Borough Council may amend, supplement, or repeal any of the regulations
and provisions of this chapter as set forth in Pennsylvania MPC.
B.
The Borough Council will conduct hearings and make decisions in accordance
with the Pennsylvania MPC. Before voting on the enactment of an amendment,
the Borough Council will hold a public hearing, pursuant to public
notice.
C.
In the case of an amendment other than that prepared by the Borough
Planning Commission, the Borough Council will submit each such amendment
to the Borough Planning Commission to provide the Borough Planning
Commission an opportunity to submit recommendations.
D.
Prior to the public hearing on the amendment by the Borough Council,
the amendment shall be forwarded to Allegheny County and surrounding
municipalities for recommendations.
A.
A landowner and/or developer who desires to challenge on substantive
grounds the validity of this chapter or the Zone 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 MPC (hereinafter "MPC"), 53 P.S. § 10916.1.
See also §§ 609, 610 and 916.1 of the MPC, 53 P.S. §§ 10609,
10610, and 10916.1.
B.
The Borough Council will conduct hearings and make decisions in accordance
with the Pennsylvania MPC.
C.
The Borough Council, if it determines that a validity challenge has
merit, may adopt landowner's curative amendment, with or without revision,
or may adopt an alternative amendment which will cure the challenged
defects. The Borough Council will consider material submitted by the
landowner and also consider:
(1)
The impact of the proposal upon roads, sewer facilities, water supplies,
school 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 Zone Map;
(3)
The suitability of the lot for the intensity of use proposed by the
lot's soils, slopes, woodlands, wetlands, floodplains, aquifers, natural
resources and other natural features; and
(4)
The impact of the proposed use on the lot'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.
If The Borough determines that this chapter, or any portion
hereof, is substantially invalid, it can take the following actions:
A.
The Borough can 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, such declaration and
proposal the Borough Council will:
B.
The Borough Council will conduct hearings and make decisions in accordance
with the Pennsylvania MPC.
Public notices of proposed zoning ordinances and amendments
include either the full text thereof, or a brief summary setting forth
the principal provisions in reasonable detail, and a reference to
a place within the Borough where copies of the proposed ordinance
or amendment may be examined, in addition to the time and place of
hearing. If the proposed amendment involves a Zone Map change, notice
of said public hearing shall comply with Pennsylvania MPC § 609(2)(i).[1]
[1]
Editor's Note: See 53 P.S. § 10609(2)(i).
