The Borough Council may amend, supplement, or repeal any of the regulations and provisions of this chapter as set forth in the Pennsylvania Municipal Planning Code.
A. 
The Borough Council will conduct hearings and make decisions in accordance with the Pennsylvania Municipal Planning Code. Before voting on the enactment of an amendment, the Borough Council will hold a public hearing, pursuant to public notice.
B. 
In the case of an amendment other than that prepared by the Borough Planning Commission, the Borough Council will submit each amendment to the Borough Planning Commission to provide the Borough Planning Commission an opportunity to submit recommendations.
C. 
Prior to the public hearing on the amendment by the Borough Council, the amendment shall be forwarded to Lancaster County for recommendations.
A. 
A landowner and/or developer 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 the landowner and/or developer 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 PA MPC, 53 P.S. § 10916.1. See also §§ 609, 610 and 916.1 of the PA MPC, 53 P.S. §§ 10609, 10610, and 10916.1.
B. 
The Borough Council will conduct hearings and make decisions in accordance with the PA MPC.
C. 
The Borough Council, if it determines that a validity challenge has merit, may adopt the landowner's curative amendment, with or without revision, or may adopt an alternative amendment which will cure the challenged defects. The Borough Council will consider material submitted by the landowner and also consider:
(1) 
The impact of the proposal upon roads, sewer facilities, water supplies, school and other public service facilities;
(2) 
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;
(3) 
The suitability of the lot for the intensity of use proposed by the lot's soils, slopes, woodlands, wetlands, floodplains, aquifers, natural resources and other natural features;
(4) 
The impact of the proposed use on the lot'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.
If the Borough of Marietta determines that this chapter, or any portion hereof, is substantially invalid, it can take the following actions:
A. 
The Borough of Marietta can declare by formal action, this chapter or portions thereof, substantially invalid and propose to prepare a curative amendment to overcome such invalidity. Within 30 days of such declaration and proposal the Borough Council will:
(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.
B. 
The Borough Council will conduct hearings and make decisions in accordance with the PA MPC.
Public notices of proposed zoning ordinances and amendments include either the full text thereof, or a brief summary setting forth the principal provisions in reasonable detail, and a reference to a place within the Borough of Marietta where copies of the proposed ordinance or amendment may be examined, in addition to the time and place of hearing. If the proposed amendment involves a Zoning Map change, notice of said public hearing shall comply with PA MPC § 609(2)(i).[1]
[1]
Editor's Note: See 53 P.S. § 10609(b)(2)(i).