[Ord. 457, 1/31/1994, §§ 701 — 704;
as amended by Ord. 545, 2/26/2007, § 27-701; and by Ord.
585, 9/12/2011]
1. The Borough Council may from time to time amend, supplement or repeal
any of the regulations and provisions of this chapter. The procedure
for the preparation of a proposed zoning ordinance as set forth in
§ 607 of the Pennsylvania Municipalities Planning Code,
53 P.S. § 10607, is hereby declared optional.
2.
A. Before voting on the enactment of an amendment, the Borough Council
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 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.
B. Additional Notice.
(1)
In addition to the requirement that notice be posted under Subsection
2A, 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 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 paragraph.
(2)
This paragraph shall not apply when the rezoning constitutes
a comprehensive rezoning.
3. In the case of an amendment other than that prepared by the Edinboro
Planning Commission the Borough Council shall submit each such amendment
to the Edinboro Planning Commission at least 30 days prior to the
hearing on such proposed amendment to provide the Planning Commission
an opportunity to submit recommendations.
4. 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, before proceeding to vote
on the amendment.
5. 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 Erie County Planning Department for recommendations.
6. Within 30 days after enactment, a copy of the amendment to this chapter
shall be forwarded to the County planning agency.
[Ord. 457, 1/31/1994, § 705; as amended by Ord.
545, 2/26/2007, § 27-702; and by Ord. 585, 9/12/2011]
1. 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 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
Municipalities Code (hereinafter "MPC"), 53 P.S. § 10916.1.
The Borough Council shall commence a hearing thereon within 60 days
of the request as provided in § 916.1 of the MPC, 53 P.S.
§ 10916.1. The curative amendment and challenge shall be
referred to the Edinboro Planning Commission and the Erie County Planning
Department 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.
2. 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, 53 P.S. § 10908,
shall not apply and the provisions of § 916.1 of the MPC,
53 P.S. § 10916.1, shall control. If the Borough 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 Zoning Map, but only for
those provisions which specifically relate to the landowner's curative
amendment and challenge.
3. 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
amendments, plans and explanatory material submitted by the landowner
and shall also consider:
A. The impact of the proposal upon roads, sewer facilities, water supplies,
schools and other public service facilities.
B. 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 Zoning Map.
C. 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.
D. 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.
E. The impact of the proposal on the preservation of agriculture and
other land uses which are essential to public health and welfare.
[Ord. 457, 1/31/1994; as added by Ord. 545, 2/26/2007, § 27-703]
1. If the Borough determines that this chapter, or any portion hereof,
is substantially invalid, it shall take the following actions:
A. The Borough 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:
(1)
By resolution make specific findings setting forth the declared
invalidity of this chapter which may include:
(a)
References to specific uses which are either not permitted or
not permitted in sufficient quantity.
(b)
Reference to a class of use or uses which requires revision.
(c)
Reference to this entire chapter which requires revisions.
(2)
Begin to prepare and consider a curative amendment to this chapter
to correct the declared invalidity.
2. Within 180 days from the date of the declaration and proposal, the
Borough 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 (hereinafter "MPC"),
53 P.S. § 10609, in order to cure the declared invalidity
of this chapter.
3. Upon the initiation of the procedures as set forth in Subsection
1, above, 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, 10916.1, subsequent to the declaration and proposal based upon grounds identical or substantially similar to those specified by the resolution required by Subsection
1A, above. Upon completion of the procedures set forth in Subsections
1 and
2, above, no rights to a cure pursuant to the provisions of §§ 609.1 and 916.1 of the MPC, 53 P.S. §§ 10609.1, 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.
4. 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.
[Ord. 457, 1/31/1994; as added by Ord. 585, 9/12/2011]
For the purpose of this chapter, the Edinboro Planning Commission is the recommending body for zoning and planning matters within the Borough of Edinboro. Any reference to the term "Planning Commission" within this chapter shall imply the Edinboro Planning Commission. The powers and duties shall be that found in § 209.1 of the Pennsylvania Municipalities Planning Code, Act 247 of 1968, as amended, 53 P.S. § 10209.1. For clarification purposes, the Joint Municipal Planning Commission has no authority in matters pertaining to this chapter. For specific function and duty of Joint Municipal Planning Commission, see Chapter
1, Part
3, of the Codified Ordinances.