The provisions of the Bath Borough Zoning Ordinance, Zoning
Map, land ordinances, and other related ordinances may, from time
to time, be amended, supplemented, changed or repealed by the Bath
Borough Council in accordance with the provisions of the Pennsylvania
Municipalities Planning Code and the provisions herein provided.
Proposals for amendments, supplements, changes or repeals may
be initiated by:
A. Bath Borough Council on its own motion;
B. Bath Borough Planning Commission through its recommendation to the
Borough Council and subject to Council approval;
C. By application of a landowner under the provisions of Section 609.1(a),
909.1(b)(4) and (5), and 916.1(a) of the MPC and under the provisions of §
675-41, Procedure for landowner curative amendments, of this chapter;
D. By application of any Borough resident, civic or community group
under the provisions of Section 609.1, 909.1, and 916.1 of the MPC and under the provisions of §
675-41, Procedure for landowner curative amendments, of this chapter.
When a court of competent jurisdiction sustains a landowner curative amendment, or the Bath Borough Zoning Hearing Board sustains a landowner curative amendment, or the Borough Council approves a landowner curative amendment as provided in §
675-38C above, and for the following reasons:
A. Compliance to new legislative acts of the commonwealth;
B. Amendments to or repeals of provisions of the Pennsylvania Municipalities
Planning Code;
C. The statements of community development objectives or the Comprehensive
Plan is changed to include new land uses, increased population densities,
need for housing, new structure uses for commerce and industries,
and the expansion of community facilities and utilities, and any other
factors not currently included or sufficiently addressed in the above-referenced
statement or plan but is basic to and relevant in describing the purposes
and intent of the Zoning Ordinance;
D. The obsolescence of provisions of the Zoning Ordinance through any
of the above-referenced reasons; and
E. If it is determined by the Borough Council that the Zoning Ordinance
or portion thereof is substantially invalid as provided in the provisions
of Section 609.2 of the MPC or §
675-43 of this chapter.
The following provisions shall be observed as the mandatory
required procedures for enactment of Zoning Ordinance amendments:
A. Before voting on the enactment of an amendment the Borough Council
shall hold a public hearing thereon.
B. Public notice of the required hearing and proposed amendment, and proper posting of the impacted properties shall be provided in accordance with §
675-43 herein and as provided in Section 610 of the MPC.
C. If the proposed amendment involves a Zoning Map change, notice of
said public hearing shall be posted along the perimeter of the affected
tract(s) of land at conspicuous points deemed sufficient by the Council
at least seven days prior to the date of the hearing.
D. The Borough Council shall submit the proposed amendment to the Borough
Planning Commission at least 30 days prior to the hearing for their
review and recommendations. Said recommendations are due in Council
chambers not later than the close of business on the day before the
hearing. If the subject recommendations are not received by the Council
within the specified time allowed, the Council may proceed without
their recommendation.
E. If, after the public hearing the proposed amendment is changed substantially, or is revised to include land previously not affected by it, the Council shall hold another public hearing, pursuant to public notices as provided by §
675-43 herein, before proceeding to vote on the amendment.
F. The proposed amendment shall be submitted to the Lehigh Valley Planning
Commission (LVPC) at least 30 days prior to the date of the public
hearing for their review and recommendations. If the subject recommendations
are not received by Borough Council on or before the date of the public
hearing, the Borough Council may proceed without its recommendations.
G. The Borough provides a mediation option under §
675-35 of this chapter as an aid in completing proceedings authorized by §
675-38C of this chapter. In exercising such option, the Borough and mediating parties shall meet the stipulations and follow with strict compliance the proceedings set forth in Article
IX of the MPC.
If the Borough Council determines its Zoning Ordinance or any
portion thereof is substantially invalid, it shall take the following
actions:
A. The Borough Council shall declare by formal action its Zoning Ordinance
or portion thereof substantively invalid and propose to prepare a
curative amendment to overcome such invalidity. Within 30 days following
such declaration and proposal, the Borough Council shall:
(1)
By resolution make specific findings setting forth the declared
invalidity of the Zoning Ordinance which may include:
(a)
References to specific uses which are either not permitted or
permitted in sufficient quantity;
(b)
Reference to a class of uses which require revisions; or
(c)
Reference to the entire chapter which requires revisions.
(2)
Begin to prepare and consider a curative amendment to the Zoning
Ordinance to correct the declared invalidity.
B. Within 180 days from the date of the declaration and proposal, the
Borough Council shall enact a curative amendment to validate or reaffirm
the validity of its Zoning Ordinance pursuant to the provisions required
by Section 609 of the MPC in order to cure the declared invalidity of the Zoning
Ordinance.
C. Upon the initiation of the procedures as set forth in Subsection
A, the Borough Council shall not be required to entertain or consider any landowner curative amendment filed under Section 609.1 of the MPC, nor shall the Zoning Hearing Board be required to give a report requested under Section 909.1 or 916.1 of the MPC subsequent to the declaration and proposal based upon the grounds identical to or substantially similar to those specified in the resolution required in Subsections
A and
B, no rights to cure pursuant to the provisions of Section 909.1 and 916.1 of the MPC shall, from the date of the declaration and proposal, accrue to any landowner on the basis of the substantive invalidity of the unamended Zoning Ordinance for which there has been a curative amendment pursuant to this section.
D. The Borough Council, having utilized the procedures as set forth in §
675-38A and
B, may not again utilize such procedure for a thirty-six-month period following the date of the enactment of a curative amendment, or reaffirmation of the validity of its zoning ordinances, pursuant to Clause (2) Section 609.2 of the MPC; provided, however, if after the date of declaration or
proposal there is a substantial new duty or obligation imposed upon
the Borough by virtue of a change in statute or by virtue of a Pennsylvania
appellate court decision, the Borough Council may utilize the provisions
of this section to prepare a curative amendment to its chapter to
fulfill said duty or obligation.
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 a newspaper of general circulation in the Borough
not more than 60 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:
A. A copy thereof shall be supplied to a newspaper of general circulation
in the Borough at the time the public notice is published.
B. An copy of the proposed ordinance shall be filed in the Northampton
County Law Library or other county office as designated by the County
Council, who may impose a fee no greater than is necessary to cover
the actual cost of storing said ordinances.
(1)
In the event substantial amendments are made in the proposed
ordinance or amendment, before voting on the amendment, the Borough
Council shall, at least 10 days prior to the enactment, re-advertise,
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 amendments.
(2)
The zoning ordinance and amendments may be incorporated into
the official Code book by reference with the same force and effect
as if duly recorded therein.