The procedures set forth in Section 609 of Act
247, as amended,[1] shall be followed in the preparation of zoning ordinance
amendments.
A.
Enactment. Before voting on the enactment of an amendment,
the governing body shall hold a public hearing thereon, pursuant to
public notice. In addition, if the proposed amendment involves a zoning
map change, notice of said public hearing shall be conspicuously posted
by the municipality at points deemed sufficient by the municipality
along the perimeter of the tract to notify potentially interested
citizens. The affected tract or area shall be posted at least one
week prior to the date of the hearing.
B.
Enactment of map amendment. In addition to the notice requirements specified in § 300-57, where the proposed amendment involves a zoning map change, notice of 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.
C.
Referral to Borough Planning Commission and County
Planning Commission. In the case of an amendment other than that prepared
by the planning agency, the governing body shall submit each amendment
to the Borough Planning Commission and the County Planning Commission
at least 30 days prior to the hearing on such proposed amendment to
provide the planning agencies an opportunity to submit recommendations;
provided, however, that submission to the Borough Planning Commission
is not required for amendments prepared by the Borough Planning Commission.
Before voting upon enactment, the governing body shall at least ten
days prior to enactment readvertise, in one newspaper of general circulation
in the municipality, a brief summary setting forth all the provisions
in reasonable detail together with a summary of the amendments.
D.
Rehearing. In the event substantial amendments are
made in the proposed ordinance or amendment, before voting upon enactment,
the governing body shall, at least 10 days prior to enactment, readvertise,
in one newspaper of general circulation in the municipality, a brief
summary setting forth all the provisions in reasonable detail.
E.
Submission to County Planning Commission. Within 30
days after enactment, a copy of the amendment to the zoning ordinance
shall be forwarded to the LCRPC.
[1]
Editor's Note: See 53 P.S. § 10101
et seq.
The procedure for landowner curative amendments
shall be as set forth in Section 609.1 of Act 247, as amended.[1]
[1]
Editor's Note: See 53 P.S. § 10101
et seq.
The procedure for municipal curative amendments
shall be as set forth in Section 609.2 of Act 247, as amended.
A.
Publication. Publication shall include the time and
place of the meeting at which passage will be considered, a reference
to a place within the municipality where copies of the proposed ordinance
or amendments may be examined without charge or obtained for a charge
not greater than the cost thereof. The governing body shall publish
the proposed ordinance or amendment once in one newspaper of general
circulation in the municipality not more than 60 days nor less than
seven days prior to passage. Publication of the proposed ordinance
or amendment shall include either the full text thereof or the title
and a brief summary, prepared by the Municipal Solicitor and setting
forth all the provisions in reasonable detail. If the full text is
not included:
(1)
A copy thereof shall be supplied to a newspaper of
general circulation in the municipality 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, who may impose a fee no greater than
that necessary to cover the actual costs of storing said ordinances.
B.
Recording. Zoning ordinances and amendments may be
incorporated into official ordinance books by reference with the same
force and effect as if duly recorded therein.
When an application for either special exception
or a conditional use has been filed with either the Zoning Hearing
Board or the governing body, as relevant, and the subject matter of
such application would ultimately constitute either a land development
or a subdivision, no change or amendment of the zoning, subdivision
or other governing ordinance or plans shall affect the decision on
such application adversely to the applicant and the applicant shall
be entitled to a decision in accordance with the provisions of the
governing ordinances or plans as they stood at the time the application
was duly filed. Provided, further, should such an application be approved
by either the Zoning Hearing Board or governing body, as relevant,
the applicant shall be entitled to proceed with the submission of
either land development or subdivision plans within a period of six
months or longer or as may be approved by either the Zoning Hearing
Board or the governing body following the date of such approval in
accordance with the provisions of the governing ordinances or plans
as they stood at the time the application was duly filed before either
the Zoning Hearing Board or governing body, as relevant. If either
a land development or subdivision plan is so filed within said period,
such plan shall be subject to the provisions of Section 508(1) through
(4) of the Pennsylvania Municipalities Planning Code, Act 247, as
amended, and specifically to the time limitations of Section 508(4)
which shall commence as of the date of filing such land development
or subdivision plan.
