A.
The Borough Council may amend, supplement or repeal any of the regulations
and provisions of this chapter as set forth in Pennsylvania Municipalities
Planning Code.
B.
The Borough Council will conduct hearings and make decisions in accordance
with the Pennsylvania Municipalities Planning Code. Before voting
on the enactment of an amendment, the Borough Council shall hold a
public hearing thereon pursuant to public notice.
C.
In the case of an amendment other than that prepared by the Planning
Commission, the Borough Council shall submit each such amendment to
the Planning Commission to provide the Planning Commission an opportunity
to submit recommendations.
D.
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.
E.
Prior to the public hearing on the amendment by the Borough Council,
the amendment shall be forwarded to Allegheny County, surrounding
municipalities and to representatives of the Aleppo, Sewickley, Glen
Osborne Intergovernmental Cooperation Agreement for recommendations.
F.
A copy of the adopted amendment to this chapter shall be forwarded
to Allegheny County for record.
A.
A landowner and/or developer who desires to challenge on substantive
grounds the validity of this chapter or the Official 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 Planning Code (hereinafter "MPC"),
53 P. S. § 10916.1. The curative amendment and challenge
shall be referred to the Planning Commission and the county planning
agency as provided in § 609 of the MPC, and notice of the
hearing thereon shall be given as provided in § 610 and
§ 916.1 of the Municipalities Planning Code, 53 P. S. §§ 10609,
10610 and 10916.1.
B.
The Borough Council will conduct hearings and make decisions in accordance
with the Pennsylvania Municipalities Planning Code. If the Borough
does not accept a landowner's and/or developer'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
Official Zoning Map, but only for those provisions which specifically
relate to the landowner's curative amendment and challenge.
C.
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 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, 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 the Official Zoning
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;
(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 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:
B.
The Borough Council will conduct hearings and make decisions in accordance
with the Pennsylvania Municipalities Planning Code.
Public notices of proposed zoning ordinances and amendments
shall 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 Zoning Map change, notice
of said public hearing shall comply with the Municipalities Planning
Code § 609(2)(i).
