Before voting on the enactment of an amendment, the governing
body shall hold a public hearing thereon, pursuant to public notice.
In the case of an amendment other than that prepared by the Planning
Commission, the governing body shall submit each such amendment to
the Planning Commission at least 30 days prior to the hearing on such
proposed amendment to provide the Planning Commission an opportunity
to submit recommendations. If, after any public hearing held upon
an amendment, the proposed amendment is revised or further revised
to include land previously not affected by it, the governing body
shall hold another public hearing, pursuant to public notice, before
proceeding to vote on the amendment. At least 30 days prior to the
hearing on the ordinance by the local governing body, the Borough
planning agency shall submit the proposed ordinance to the Bradford
County Planning Agency for recommendations.
A. Citizen requests for amendment to text or map. Requests for changes
in the Zoning Ordinance may be made by owners or tenants of land in
the Borough or by their authorized agents.
(1) Applications.
(a)
All applications for amendments shall be made in writing by
the owner or tenants or authorized agent and shall be filed with the
Zoning Officer on forms prescribed by him. Applications shall contain
all information necessary to assure the fullest practicable presentation
of facts for the record and shall contain the following:
[1]
The applicant's name and address and that of his representative,
and the interest of every person represented in the application.
[2]
The verification by at least one of the owners or lessees of
property to be reclassified, if this be the nature of the request,
attesting to the truth and correctness of all facts and information
presented with the application.
[3]
A plan showing the extent of the area to be rezoned, if this
be the nature of the request, and showing the streets bounding and
intersecting the area, the land use and zone classification of abutting
districts and the names and addresses of property owners within 200
feet of the area.
[4]
A statement of the circumstances in the proposed district and
the abutting districts and any other factors on which the applicant
relies as reasons for supporting the proposed rezoning.
[5]
The approximate time schedule for the beginning and completion
of development in the area.
[6]
A site plan drawn to scale indicating the locations of structures,
uses, areas for off-street parking and loading.
[7]
Information about the market area to be served by the proposed
development, if it is to be commercial use.
(b)
The Zoning Officer shall check the application to determine
whether it conforms with the requirements listed above and, if satisfactory,
shall immediately submit it to the Borough Council, who shall follow
the procedures enumerated in this section.
B. Planning Commission requests for amendment to text. Amendments to
the Zoning Ordinance text or map may be initiated by the Planning
Commission by resolution recommending adoption according to procedures
set forth herein and be submitted to the Borough Council, who shall
follow the procedures enumerated in this section.
(1) Preparation of amendments. At the request of the Borough Council
or on its own initiative, the Planning Commission shall:
(a)
Prepare the text and map of the proposed zoning amendment as
well as make all necessary studies and surveys preliminary thereto;
(b)
Hold at least one public hearing pursuant to public notice and
hold additional public hearings upon such notice as it shall determine
to be advisable; and
(c)
Present to the Borough Council the proposed zoning amendment,
together with recommendations and explanatory materials, upon the
completion of its work.
(2) Review amendments. In the case of an amendment other than that prepared
by the Planning Commission, the Commission shall review each such
amendment submitted to it by the Borough Council. It shall consider
whether or not such proposed amendment would be, in the view of the
Commission, consistent with and desirable in the furtherance of the
Comprehensive Plan upon which the Zoning Ordinance is based. The Commission
shall submit its recommendations on the amendment to the Borough Council
prior to the public hearing scheduled by the Borough Council.
(3) Referral to County Planning Commission. The Towanda Borough Planning
Commission shall also be responsible for submitting the proposed amendment
to the Bradford County Planning Commission for their review and recommendations
30 days prior to the hearing on the amendment by the Borough Council.
A landowner who desires to 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
has an interest may submit a curative amendment to the governing body
with a written request that his challenge and proposed amendment be
heard and decided as provided in Section 1004 of Act 247, as amended. The governing body shall commence a hearing thereon within
60 days of the request as provided in Section 1004 of Act 247, as
amended. The curative amendment shall be referred to the planning
agency or agencies as provided in Section 609 of Act 247, as amended,
and notice of the hearing thereon shall be given as provided in Section
610 of Act 247, as amended, and Section 1004 of Act 247, as amended. The hearing shall be conducted in accordance with Subsections
(4) through (8) of Section 908 of Act 247, as amended, and all references therein to the Zoning Hearing Board
shall, for purposes of this section, be references to the governing
body.
Public notices of the proposed amendment shall 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 municipality where copies of the proposed amendment may be examined
in addition to the time and place of the hearing.
After enactment, the advertisement of the amendment may consist
solely of a reference to the place or places within the municipality
where copies of such amendment shall be obtainable for a charge not
greater than the cost thereof and available for examination without
charge. The amendment may be incorporated into the official ordinance
book by reference with the same force and effect as if duly recorded
therein.