[Ord. 1973-1, 2/5/1973, § 1200; as amended by Ord.
1990-5, 8/6/1990, § 3]
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
Commission the Borough Council shall submit each such amendment to
the 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 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. 1990-5, 8/6/1990, § 2]
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 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
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 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;
and
E. The impact of the proposal on the preservation of agriculture and
other land uses which are essential to public health and welfare.
[Ord. 1990-5, 8/6/1990, § 2]
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 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;
or,
(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 Section
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, 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 the grounds identical or substantially similar to those specified by the resolution required by subsection (1)(A). Upon completion of the procedures set forth in subsections
(1) and
(2), 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.