The Elverson Borough Council may from time to time amend, supplement,
change, modify or repeal this chapter, including the Zoning Map, by
proceeding in accordance with the Municipalities Planning Code (MPC)
and, where not inconsistent therewith, by proceeding in the following
manner.
Prior to voting on enactment of an amendment, Borough Council
shall fix the time and place of a public hearing on the proposed change,
amendment or repeal, and cause notice thereof to be given as follows:
A. Borough Council shall publish notice thereof consistent with the
public notice requirements of the Municipalities Planning Code. The
notice shall state the particular nature of the matter to be addressed
through the proposed amendment, a reference to a place in the Borough
where copies of the proposed amendment may be examined without charge
or purchased at a charge not exceeding the cost thereof, and the time
and place set for the public hearing.
B. 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, then the following
shall apply:
(1)
A copy thereof shall be supplied to a newspaper of general circulation
in the Borough at the time the public notice is published.
(2)
An attested copy of the proposed ordinance shall be filed in
the county law library or other county office designated by the County
Commissioners.
C. Where the proposed amendment involves a Zoning Map change, notice
of the public hearing shall be conspicuously posted by the Borough
in accordance with Section 609(b) of the Municipalities Planning Code
to notify potentially interested citizens. The affected tract or area
shall be posted a minimum of one week prior to the date of the hearing.
D. In addition to the requirement that notice be posted under §
290-1902C above, where the proposed amendment involves a Zoning Map change, notice of the public hearing shall be mailed by the municipality 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 municipality. 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.
E. At the public hearing, full opportunity to be heard shall be given
to any resident and all parties in interest.
F. If after public hearing held upon the 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 as provided in this section, prior
to proceeding to vote on the amendment.
G. Borough Council also shall readvertise any proposed amendment where
the scheduled date of enactment is more than 60 days following the
date of the last advertisement of the proposed amendment.
Whenever the owners of 51% or more of the area in any zoning district shall present to the Borough Council a petition, duly signed and acknowledged, requesting an amendment, supplement, change, modification or repeal of any of the regulations or restrictions prescribed by this chapter for their zoning district or a change or modification of the Zoning Map with reference to such zoning district, it shall be the duty of Borough Council to hold a public hearing thereon and cause notice to be given in the manner prescribed in §
290-1902.