A.
Amendments to this chapter shall become effective only after a public
hearing held pursuant to public notice. A brief summary setting forth
the principal provisions of the proposed amendment and a reference
to the place within the Borough where copies of the proposed amendment
may be secured or examined shall be incorporated in the public notice.
Unless the proposed amendment shall have been prepared by the Planning
Commission, the Borough Council shall submit the amendment to the
Planning Commission at least 30 days prior to the hearing on such
amendment to provide the Planning Commission an opportunity to submit
recommendations. In addition, at least 30 days prior to the public
hearing on the amendment, the Borough Council shall submit the proposed
amendment to the Westmoreland County planning agency for recommendations.
B.
Within 30 days after adoption, the Borough Council shall forward
a certified copy of the amendment to the county planning agency.
C.
Proposed amendments shall not be enacted unless notice of proposed
enactment is given in the manner set forth in this section, and shall
include the time and place of the meeting at which passage will be
considered, a reference to a place within the Borough where copies
of the proposed amendment may be examined without charge or obtained
for a charge not greater than the cost thereof. The Borough Council
shall publish the proposed amendment once in a newspaper of general
circulation in the Borough not more than 60 days or less than seven
days prior to passage. Publication of the proposed amendment shall
include either the full text thereof or the title and a brief summary
prepared by the Borough Solicitor and setting forth all the provisions
in reasonable detail. If the full text is not included:
D.
In the event substantial amendments are made in the proposed amendment
before voting upon enactment the Borough Council shall, at least 10
days prior to enactment, readvertise in one newspaper of general circulation
in the Borough a brief summary setting forth all the provisions in
reasonable detail together with a summary of the amendments.
A.
The Borough Council may from time to time amend, supplement or repeal
any of the regulations and provisions of this chapter for the preparation
of amendments to zoning ordinances; the procedure set forth in Section
607 of the MPC for the preparation of a proposed zoning ordinance
shall be optional.[1]
[1]
Editor's Note: See 53 P.S. § 10607.
B.
Before voting on the enactment of an amendment, the Borough Council
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 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.
C.
In addition to the requirement that notice be posted where the proposed
amendment involves a Zoning Map change, notice of the 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
300 feet of 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. A good faith effort and substantial
compliance shall satisfy the requirements of this subsection.
E.
In the case of an amendment other than that prepared by the Planning
Commission, the Borough Council 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 agency an opportunity to
submit recommendations.
F.
If after any public hearing held upon an amendment the proposed amendment
is changed substantially or is revised to include land previously
not affected by it, the Borough Council shall hold another public
hearing, pursuant to public notice, before proceeding to vote on the
amendment.
G.
If a county planning agency shall have been created for the county
in which the municipality proposing the amendment is located, then
at least 30 days prior to the public hearing on the amendment by the
local governing body the Borough shall submit the proposed amendment
to the Westmoreland County Planning Department for recommendations.
H.
Within 30 days after enactment, a copy of the amendment to the zoning
ordinance shall be forwarded to the Westmoreland County Planning Department.
A.
A landowner who desires to challenge on substantive grounds the validity
of this chapter or the Zoning 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 Borough Council with a written
request that his challenge and proposed amendment be heard and decided
as provided in Section 916.1 of the Pennsylvania Municipalities Planning
Code.[1] The curative amendment and challenge shall be referred
to the Planning Commission and the county planning agency, as provided
in Section 609,[2] and notice of the hearing thereon shall be given as provided
in Sections 610 and 916.1 of the MPC.[3]
B.
The hearing shall be conducted in accordance with Section 908 of
the MPC,[4] and all references therein to the Zoning Hearing Board
shall, for purposes of this section be references to the Borough Council.
If the Borough does not accept a landowner's curative amendment brought
in accordance with this subsection and a court subsequently rules
that the challenge has merit, the court's decision shall not result
in a declaration of invalidity for this entire chapter and the Zoning
Map, but only for those provisions which specifically relate to the
landowner's curative amendment and challenge.
[4]
Editor's Note: See 53 P.S. § 10908.
C.
The Borough Council, if it determines that a validity challenge has
merit, may accept a landowner's curative amendment, with or without
revision, or may adopt an alternative amendment which will cure the
challenged defects. The Borough Council shall consider the curative
amendments, plans and explanatory material submitted by the landowner
and shall also consider:
(1)
The impact of the proposal upon roads, sewer facilities, water
supplies, schools and other public service facilities.
(2)
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 this chapter or the Zoning Map.
(3)
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.
(4)
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.
(5)
The impact of the proposal on the preservation of agriculture
and other land uses which are essential to public health and welfare.
If the Borough determines that this chapter or any portion hereof
is substantially invalid, it shall take the following actions:
A.
The Borough shall declare by formal action this chapter or portions
hereof substantially invalid and propose to prepare a curative amendment
to overcome such invalidity. Within 30 days of such declaration and
proposal the Borough Council shall:
B.
Within 180 days from the date of the declaration and proposal, the
Borough shall enact a curative amendment to validate or reaffirm the
validity of this chapter pursuant to the provisions of Section 609
of the Pennsylvania Municipalities Planning Code, in order to cure
the declared invalidity of this chapter.[1]
[1]
Editor's Note: See 53 P.S. § 10609.
C.
Upon the initiation of the procedures as set forth in Subsection A, the Borough Council shall not be required to entertain or consider any landowner's curative amendment filed under Section 609.1 of the MPC,[2] nor shall the Zoning Hearing Board be required to give
a report requested under Section 909.1 or 916.1 of the MPC,[3] subsequent to the declaration and proposal based upon the grounds identical or substantially similar to those specified by the resolution required by Subsection A(1). Upon completion of the procedures set forth in Subsections A and B, no rights to a cure pursuant to the provisions of Section 609.1 and 916.1[4] shall, from the date of the declaration and proposal,
accrue to any landowner on the basis of the substantive invalidity
of this chapter for which there has been a curative amendment pursuant
to this section.
D.
The Borough, having utilized the procedures set forth in this section,
may not again utilize said procedure for a period of 36 months following
the date of enactment of a curative amendment or reaffirmation of
the validity of this chapter; provided, however, if after the date
of declaration and proposal there is a substantially new duty imposed
upon the Borough by virtue of a change in statute or by virtue of
a Pennsylvania Appellate Court decision, the Borough may utilize the
provisions of this section to propose a curative amendment to this
chapter to fulfill said duty or obligation.
A.
Borough Council may, from time to time, amend the Official Zoning
Ordinance Map to rezone portions of the Borough so that the zoning
district boundaries, as shown on the Map, are no longer correct.
B.
At such times, the Borough Secretary shall forward the Official Zoning
Ordinance Map, together with a copy of the rezoning amendment describing
the district boundary changes and any other related materials, to
the Borough Engineer.
C.
The Borough Secretary shall forward these materials to the Borough
Engineer within one week of the adoption of the rezoning amendment.
D.
The Borough Engineer shall see that the Official Zoning Ordinance
Map is properly redrafted or otherwise changed to include the rezoning.
He shall also note on the Map the ordinance number of the amending
ordinance, the date of adoption of that ordinance, and the date on
which he corrected the map. The Borough Engineer shall affix his signature
certifying that the changes made are in accordance with the amendment
as passed by Council.
E.
All notes on the Official Zoning Ordinance Map of the kind required by Subsection D above which relate to previous rezoning amendments and map changes shall remain on the Map to serve as a reference history tracing past rezonings.
F.
The Borough Engineer shall complete the correcting of the Official
Zoning Ordinance Map and return it to the Borough Secretary as quickly
as possible.
G.
It shall be deemed a violatiion of this chapter for any person to
alter or attempt to alter the Official Zoning Ordinance Map except
by the procedures set forth in this Part.
