[Ord. 206, 4/15/1957, § 36; as amended by A.O.]
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. 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 perimeter
of 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.
3. In the case of an amendment other than that prepared by the [Planning
Agency] the Borough Council shall submit each such amendment to the
[Planning Agency] at least 30 days prior to the hearing on such proposed
amendment to provide the [Planning Agency] 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 county planning agency 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. 206, 4/15/1957; as added by A.O.]
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 curative amendment and challenge shall be referred to the [Planning
Agency] and the county planning agency 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. 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. 206, 4/15/1957; as added by A.O.]
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. 206, 4/15/1957, § 37]
In interpreting and apply the provisions of this chapter, they
shall be held to be the minimum requirements for the promotion of
the public health, safety and general welfare. It is not intended
to interfere with, abrogate or annul any ordinance, rule, regulation
or permit previously adopted or issued pursuant to law relating to
the use of buildings or land. Where this chapter imposes greater restriction
upon the use of a building or land or upon the height or bulk of a
building, or prescribes larger open spaces than are required by conformity
with the provisions of this chapter. A record of all certificates
shall be kept on file in the office of the Building Inspector and
copies shall be furnished, on request, to any person having proprietary
or tenancy interest in the building affected.
[Ord. 206, 4/15/1957, § 38]
Whenever the regulations made under authority of this chapter
require a greater width or size of yards, courts, or other open spaces,
or require a lower height of buildings or less number of stories,
or require a greater percentage of lot to be left unoccupied, or impose
other higher standards than are required in any other statute or local
ordinance or regulations the provisions of the regulations made under
authority of this chapter shall govern. Wherever the provisions of
any other statute or local ordinance or regulation require a greater
width or size yards, courts or other open spaces, or require a lower
height of buildings, or a less number of stories, or require a greater
percentage of lot to be left unoccupied, or impose other higher standards
than are required by the regulations made under authority of this
chapter, the provisions of such statute or local ordinance or regulation
shall govern.
[Ord. 206, 4/15/1957, § 39; as amended by A.O.]
1. Corporations. This chapter shall not apply to any existing or proposed
building, or extension thereof, used or to be used by public service
corporation, if, upon petition of the corporation, the Public Utility
Commission shall, after a public hearing, decide that the present
or proposed situation of the building in question is reasonably necessary
for the convenience or welfare of the public.