The Borough Council may amend, supplement or repeal any of the
regulations and provisions of this chapter as set forth in the Pennsylvania
Municipalities Planning Code (PA MPC).
1.
The Borough Council will conduct hearings and make decisions in accordance
with the PA MPC. Before voting on the enactment of an amendment, the
Borough Council will hold a public hearing pursuant to public notice.
2.
In the case of an amendment other than that prepared by the Borough
Planning Commission, the Borough Council will submit each amendment
to the Borough Planning Commission to provide the Borough Planning
Commission an opportunity to submit recommendations.
3.
Prior to the public hearing on the amendment by the Borough Council,
the amendment shall be forwarded to Allegheny County for recommendations.
1.
A landowner and/or developer 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 the landowner and/or developer 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 Section 916.1 of the PA MPC, 53 P.S. § 10916.1;
see also Sections 609, 610 and 916.1 of the PA MPC, 53 P.S. §§ 10609,
10610 and 10916.1.
2.
The Borough Council will conduct hearings and make decisions in accordance
with the PA MPC.
3.
The Borough Council, if it determines that a validity challenge has
merit, may adopt a 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:
A.
The impact of the proposal upon roads, sewer facilities, water supplies,
school 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 lot for the intensity of use proposed;
D.
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 Sharpsburg Borough determines that this chapter or any portion
hereof is substantially invalid, it can take the following actions:
1.
Sharpsburg Borough can declare by formal action that this chapter
or portions hereof are substantially invalid and propose to prepare
a curative amendment to overcome such invalidity. Within 30 days of
such declaration and proposal, the Borough Council will:
2.
The Borough Council will conduct hearings and make decisions in accordance
with the PA 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 Sharpsburg 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 Zoning Map change, notice
of said public hearing shall comply with PA MPC Section 609(2)(i).
