The provisions of this chapter and boundaries of zoning districts as set forth on the official zoning map, may from time to time be amended or changed by the Borough Council.
(A) Procedure. The following procedures shall be observed prior to making any amendment or change of this chapter or parts thereof including the official zoning map.
(1) Referred to Borough Planning Commission. Every such proposed amendment or change not initiated by the Borough Planning Commission shall be referred to the Borough Planning Commission at least 30 days prior to the Borough Council holding a public hearing thereon to provide the Borough Planning Commission an opportunity to submit recommendations.
(2) Recommendations. The recommendations, if any, of the Borough Planning Commission shall be submitted in writing to the Borough Council.
(3) Submitted to the County Planning Commission. All proposed amendments to this chapter shall be submitted to the County Planning Commission for its recommendations at least 30 days prior to the public hearing. Within 30 days after enactment, a copy of any amendment to the zoning chapter shall be forwarded to the County Planning Commission.
(4) Curative amendments by landowner. A landowner who desires a challenge on substantive grounds the validity of an ordinance or map or any provision thereof, which prohibits or restricts the use or development of land in which he or she has an interest may submit a curative amendment to the Borough Council with a written request that his or her challenge and proposed amendment be heard and decided as provided in the Pennsylvania Municipalities Planning Code, as amended. The Borough Council shall commence a hearing thereon within 60 days of the request. The curative amendment shall be referred to the County and the Borough Planning Commissions as provided in this section and notice of the hearing thereon shall be given as provided in division (C) below and in the Pennsylvania Municipalities Planning Code, as amended. The hearing shall be conducted in accordance with § 154.151(B)(4) to (B)(8) and all references therein to the Zoning Hearing Board shall, for the purposes of this section, be references to the Borough Council. Consistent with 53 P.S. § 10609.1.c, Council shall consider the curative amendments, plans and explanatory material submitted by the landowner and shall also consider:
(a) The impact of the proposal upon roads, sewer facilities, water supplies, schools and other public service facilities;
(b) 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 the ordinance or map;
(c) The suitability of the site for the intensity of use proposed by the site’s soils, slopes, woodlands, wetlands, floodplains, aquifers, natural resources and other natural features;
(d) The impact of the proposed use on the site’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; and
(e) The impact of the proposal on the preservation of agriculture and other land uses which are essential to public health and welfare.
(5) Curative amendments by the borough. If the borough determines that its zoning chapter or any portion thereof is substantially invalid, it shall take the actions proscribed by 53 P.S. § 10609.2.
(B) Public hearing. The Borough Council shall hold a public hearing before voting on the enactment of any amendment or change, pursuant to public notice, all in a manner consistent with 53 P.S. § 10609.
(C) Notice. The first notice of any public hearing shall be given no more than 30 days and not less than 14 days in advance of any public hearing required by this chapter. Such notice shall be published once each week for two successive weeks in a newspaper of general circulation in the municipality. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing. Second notice shall be no less than seven days prior to public hearing.
(D) Electronic notice. Electronic notice may be required pursuant to 53 P.S. § 10109.
(Ord. passed 7-13-2015)