The Borough Council may from time to time amend or change this
chapter after public notice and hearing.
Before voting on the enactment of a zoning ordinance, the Borough
Council shall hold a public hearing thereon, pursuant to public notice.
The vote on the enactment by the Borough Council shall be within 90
days after the last public hearing. Within 30 days after enactment,
a copy of the zoning ordinance shall be forwarded to the County Planning
Agency.
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 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.
In addition to the requirement that notice be posted, as noted
above, 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
subsection. This clause shall not apply when the rezoning constitutes
a comprehensive rezoning.
B.
In the case of an amendment, other than that prepared by the Borough
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.
C.
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.
D.
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.
E.
Within 30 days after enactment, a copy of the amendment to the zoning
ordinance shall be forwarded to the County Planning Agency.
A.
Proposed zoning ordinances and amendments shall not be enacted unless
notice of proposed enactment is given in the manner set forth in this
section, and shall include the time and place of the meeting at which
passage will be considered, a reference to a place within the Borough
where copies of the proposed ordinance or amendment may be examined
without charge or obtained for a charge not greater than the cost
thereof. The Borough Council shall publish the proposed ordinance
or amendment once in one newspaper of general circulation in the Borough
not more than 30 days nor less than seven days prior to passage. Publication
of the proposed ordinance or amendment shall include either the full
text thereof or the title and a brief summary, prepared by the Borough
Solicitor and setting forth all the provisions in reasonable detail.
If the full text is not included:
B.
In the event substantial amendments are made in the proposed ordinance
or amendment, before voting upon enactment, the Borough Council shall
at least 10 days prior to enactment readvertise in one newspaper of
general circulation in the Borough a brief summary setting forth all
the provisions in reasonable detail together with a summary of the
amendments.
C.
Zoning ordinances and amendments may be incorporated into official
ordinance books by reference with the same force and effect as if
duly recorded therein.
In their interpretation and application, the provisions of this
chapter shall be held to be the minimum requirements, adopted for
the promotion of the public health, safety, morals or general welfare.
Wherever the requirements of this chapter are at variance with the
requirements of any other lawfully adopted rules, regulations, ordinance,
restrictions or covenants, imposed by the Borough (not, however, private
restrictions or covenants) the most restrictive, or that imposing
the higher standards, shall govern. Any such restrictions or covenants
imposed by the Borough may be changed by the Borough.
Should any section or provision of this chapter be declared
by the courts to be unconstitutional or invalid, such decision shall
not affect the validity of the chapter as a whole, or any part thereof
other than the part so declared to be unconstitutional or invalid.
