A. 
The regulations, restrictions and boundaries set forth in this chapter may from time to time be amended, supplemented, changed or repealed. However, no such action may be taken until after a public hearing in relation thereto, at which parties, interests and citizens shall have an opportunity to be heard.
B. 
An amendment, supplement, change or repeal in this chapter may be initiated by:
(1) 
A resolution or request by the Council;
(2) 
An official proposal by the Planning Commission; or
(3) 
A petition to the Planning Commission presented by the property owner or contract purchaser on forms and accompanied by information prescribed by the Planning Commission.
C. 
All requests for amendment, supplement, change or repeal in this chapter shall first be referred to the Planning Commission.
[Amended 8-1-1994 by Ord. No. 455]
Upon receipt of a request or petition for an amendment, supplement or repeal of this chapter, the Planning Commission shall act as follows:
A. 
The Commission shall review the request or petition and shall send its recommendation to accept, reject or modify the proposal to the Borough Council within 40 days after the regular Commission meeting following receipt of the proposal.
B. 
If the request originates in the Borough Council, the Council shall submit the proposed amendment to the Planning Commission at least 30 days prior to the public hearing on the amendment to provide the Commission an opportunity to send recommendations to the Council.
[Amended 8-1-1994 by Ord. No. 455]
The Borough Council shall call and hold a public hearing on the proposed amendment, supplement or repeal before taking formal action to adopt or reject the proposal and, in addition, shall:
A. 
Give the County Planning Commission at least 30 days' notice prior to the public hearing to submit recommendations on the proposal.
B. 
Advertise for the public hearing (see the definition of "public notice" in § 195-7); send written notices at least 15 days before the hearing to the petitioner, if applicable, and to the owners of record of properties within 400 feet of exterior boundaries of the property or properties proposed to be rezoned, if applicable.
C. 
If the proposed amendment involves a change to the Zoning Map, the affected property or properties shall be posted at least seven days prior to the hearing with the same information in the public notice.
[Amended 8-1-1994 by Ord. No. 455]
Before adopting any amendment, supplement or repeal of this chapter, the Borough Council shall take the following action:
A. 
Public notice of the Council's intent to enact the amendment shall be published once in a newspaper of general local circulation not less than seven days before the Council's action and shall include the time and place of the meeting at which adoption will be considered and a reference to a place where the amendment may be examined without charge or obtained at cost.
B. 
The Borough Council shall publish the proposed amendment once in a newspaper of general circulation in the Borough not more than 60 days nor less than seven days before adoption. Either the full text of the amendment or the title and a brief summary prepared by the Borough Solicitor setting forth all the provisions in reasonable detail shall be published. In the case of a map change, a description of the boundary of the area to be rezoned indicating streets, properties by lot and block numbers or owners and distances, if necessary, shall suffice. If the full text is not published, a copy of the full text shall be supplied to the newspaper carrying the notice and a copy shall be filed in the County Law Library.
C. 
In the event that substantial changes are made to an amendment, including any revisions to a rezoning boundary, the Borough Council shall, at least 10 days before taking a vote to adopt the amendment, readvertise once a brief summary of the amendment emphasizing last-minute revisions.
D. 
Within 30 days after adoption, a copy of the amendment shall be forwarded to the County Planning Commission.
If a petition for rezoning is denied by either the Planning Commission or the Council, another petition for a change to the same zone district shall not be filed within a period of one year from the date of denial, except upon the initiation of the Council or with the permission of or upon the initiation by the Planning Commission, after a showing of a change of circumstances which would warrant a rehearing.
[Added 8-1-1994 by Ord. No. 455]
A landowner who wishes to challenge on substantive grounds the validity of any part of this chapter or the Zoning Map which prohibits or restricts 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 amendment be heard and decided.
A. 
The Borough Council shall:
(1) 
Schedule and hold a public hearing, properly noticed, within 60 days of receiving the request.
(2) 
Refer the proposed amendment to both the Borough and County Planning Commissions for review and comment.
(3) 
Hold the hearing at which the procedures for holding a hearing described in § 195-13B above shall be followed, with the Council taking the role of the Zoning Hearing Board.
(4) 
Vote to accept the curative amendment as presented, reject it or accept it with certain changes, taking into consideration the impact of the proposal on the Borough's streets, utilities and schools, on provision of affordable housing and on the suitability of a specific site or sites to accommodate the proposal in terms of soil, slopes, wetlands or floodplains.
B. 
The curative amendment shall be deemed denied when the Borough Council fails to schedule the public hearing within 60 days of the request or fails to act within 45 days after the hearing or when the Council notifies the landowner that it will not adopt the amendment or adopts another amendment unacceptable to the landowner.
C. 
If the curative amendment is approved by the Borough Council or, on appeal of the Council's denial, the court finds merit in the amendment and overturns the Council's decision, the landowner shall file for a building permit within one year after favorable decision or within two years if the amendment requires a subdivision of land or other approvals by the Council. No amendments to any land use regulations that would adversely affect the proposal shall apply to it within the one- or two-year periods.
[Added 8-1-1994 by Ord. No. 455]
A. 
If the Borough Council determines that this chapter or any part thereof is substantially invalid, it shall:
(1) 
Declare by resolution that this chapter or specific sections are invalid and propose to prepare a curative amendment to overcome the invalidity.
(2) 
Make specific findings by resolution setting forth the declared invalidity which may include references to specific uses which are either not permitted or not permitted in sufficient quantity, to a class of uses which require revision or to the entire ordinance which requires change.
B. 
Within 180 days from the date of the declaration and proposal, the Borough Council shall adopt an amendment to cure invalidities or shall reaffirm the validity of the ordinance as it stood prior to the declaration.
C. 
Upon making its declaration and while the Council considers its curative amendment, the Council shall not be required to consider any landowner's curative amendment, nor shall the Zoning Hearing Board be required to hear substantive challenges during this period.
D. 
Having utilized the procedure of this section, the Borough Council may not again declare a curative amendment until 36 months after the date of adoption of the previous amendments or reaffirmation of the ordinance.