[Ord. No. 247-2018, 9/17/2018]
The regulations, restrictions, and boundaries set forth in this
Ordinance and on the Official Zoning Map may, from time to time, be
amended, supplemented, changed, or repealed through amendment by the
Borough Council.
A. Who May Initiate. Proposals for amendment, supplement, change or
repeal may be initiated by the Borough Council on its own motion,
by the Planning Commission, or by petition of one or more residents
of the Borough. Such petitions shall be signed and acknowledged and
submitted in writing to the Borough Secretary.
1. A landowner who desires to challenge on substantive grounds the validity
of this Ordinance or any provisions thereof, which prohibit or restrict
the use or development of land in which he has an interest, may, as
an alternative to submitting a validity challenge to the Zoning Hearing
Board pursuant to Section 1405 of this Ordinance and to Section 916.1
of the Pennsylvania Municipalities Planning Code, submit a Curative
Amendment to the Borough Council with a written request that his challenge
and proposed amendments be heard and decided, as provided in Section
609.1 and Section 916.1(a)(2) of the Pennsylvania Municipalities Planning
Code.
B. Planning Commission Review
1. Proposals originated by the Borough Council, by petition of Borough
residents, or by Curative Amendment, shall be referred to the Planning
Commission at least thirty (30) days prior to any public hearing on
the proposed amendment. The Planning Commission shall submit to the
Borough Council a report of its recommendations, including any additions
or modifications to the original proposal, prior to the public hearing.
C. Review by Chester County Planning Commission
1. All proposals for amendment, supplement, change or repeal which are
subsequently drafted into an ordinance to amend this Ordinance or
the Official Zoning Map shall be submitted to the Chester County Planning
Commission for recommendations at least thirty (30) days prior to
the public hearing on the proposed amendment.
2. No action shall be taken by the Borough Council until the Chester
County Planning Commission comments are received, unless thirty (30)
days pass without comments being received.
D. Public Hearing
1. Before voting on enactment of an amendment, the Borough Council shall
hold a public hearing thereon. Public notice shall be provided pursuant
to the requirements the Pennsylvania Municipalities Planning Code.
Notice shall be placed on the Borough website and also be mailed to
any civic association or association of residents in the Borough who
shall have registered their name and address for this purpose with
the Borough Council. If a proposed amendment affects any land or structure
within five hundred (500) feet of an adjoining municipality, notice
of the hearing and a copy of the proposal may be forwarded to the
Secretary of the governing body of the municipality at least fifteen
(15) days prior to the hearing.
2. If, after any public hearing held upon an amendment, the proposed
amendment is changed substantially, or is revised, to include land
not previously affected by it, the Borough Council shall hold another
public hearing, pursuant to public notice, before proceeding to vote
on the amendment.
3. Within thirty (30) days of enactment, the Borough shall forward a
copy of the amendment to the Chester County Planning Commission.
[Ord. No. 247-2018, 9/17/2018]
A. Landowner Initiated. A landowner who desires to challenge on substantive
grounds the validity of this Ordinance or any provisions thereof,
which prohibit or restrict 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 amendments
be heard and decided, as provided for in Section 609.1 of the Pennsylvania
Municipalities Planning Code.
1. For a curative amendment request, the applicant shall pay the Borough
all fees required under the applicable Borough fee schedule.
B. Borough Initiated. The Borough Council may declare by formal action
that the Zoning Ordinance or portions thereof are substantially invalid
and may propose to prepare a curative amendment to overcome such validity,
as provided for in Section 609.2 of the Pennsylvania Municipalities
Planning Code.