Amendments of this chapter may be initiated by Borough Council, by the Planning Commission, or by a petition of a landowner within the borough in accordance with the following provisions.
(A) Petitions for amendment by landowners, other than curative amendments under § 155.249, shall be filed in writing with the Zoning Officer, and the petitioner, upon such filing, shall pay a filing fee and/or review deposit in accordance with the schedule fixed by resolution of Borough Council.
(B) Any proposed amendment other than one proposed by the Planning Commission shall be referred to the Planning Commission for review at least 45 days before the public hearing. The Planning Commission shall review the proposed amendment and report its findings and recommendations, in writing, to the Borough Council and to the petitioner. These recommendations will include a statement as to whether or not the proposed action is in accordance with the objectives of the formally adopted comprehensive plan as required by Pa. Mun. Plan Code, 53 P.S. § 10303.
(C) In the event the Planning Commission recommends approval of the proposed amendment, in whole or in part, or if a public hearing is requested by at least one member of the Borough Council, a public hearing will be scheduled on the proposed amendment and a copy of the same submitted to the County Planning Agency at least 45 days prior to the public hearing in accordance with the requirement of the MPC.
(D) Before voting on the enactment of an amendment, the Borough Council shall hold a public hearing thereon pursuant to public notice and pursuant to mailed notice and electronic notice to an owner of a tract or parcel of land located within the borough or an owner of the mineral rights in a tract or parcel of land within the borough who has made a timely request in accordance with Pa. Mun. Plan Code, 53 P.S. § 10109.
(E) If the proposed amendment involves a zoning map change, notice of the public hearing shall be conspicuously posted by the borough at points deemed sufficient by it along the tract to notify potentially interested citizens. The affected tract shall be posted at least one week prior to the date of the hearing.
(F) Notice of any proposed zoning map change shall also be mailed by the borough at least 30 days prior to the public 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 borough. A good faith effort and substantial compliance shall satisfy the requirements of this division (F). This division (F) shall not apply to a comprehensive rezoning.
(G) If, after any public hearing held upon an amendment, the proposed amendment is substantially revised or further revised to include land previously not affected by it, then the Borough Council shall hold another public heaving pursuant to public notice, mailed notice and electronic notice, before proceeding to vote on the amendment.
(H) The Borough Council shall act on a proposed amendment to this chapter within 90 days of the date of the meeting at which the public hearing on the amendment is closed. If the Borough Council fails to so act within the said 90-day period, then the proposed amendment shall be deemed denied.
(I) Within 30 days after enactment, a certified copy of the amendment to this chapter shall be forwarded to the County Planning Agency.
(J) The proposed amendment shall also be published, advertised and made available to the public in accordance with the requirements of the MPC.
(Ord. 1089, passed 5-19-2014)