Borough of Edgeworth, PA Article XVI Amendments

§ 130-115 Enactment of amendments.

A. For the preparation of amendments to this Zoning Ordinance, the procedure set forth in Section 607 of the Pennsylvania Municipalities Planning Code, Act 247, as amended,[1] for the preparation of a proposed zoning ordinance shall be optional.

[1] Editor's Note: See 53 P.S. § 10607.

B. Before voting on the enactment of an amendment, 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 Borough at points deemed sufficient by the Borough 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.

(1) 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 Borough 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 Borough. 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.

(2) This clause shall not apply when the rezoning constitutes a comprehensive rezoning.

C. In the case of an amendment other than that prepared by the Planning Commission, 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 Commission an opportunity to submit recommendations.

D. 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, Borough Council shall hold another public hearing, pursuant to public notice, before proceeding to vote on the amendment.

E. At least 30 days prior to the public hearing on the amendment by Borough Council, the Borough shall submit the proposed amendment to the Allegheny County Department of Economic Development for recommendations.

F. The Borough may offer a mediation option as an aid in completing proceedings authorized by this section. In exercising such an option, the Borough and mediating parties shall meet the stipulations and follow the procedures set forth in Article IX of the Pennsylvania Municipalities Planning Code, Act 247, as amended.

G. Within 30 days after enactment, a copy of the amendment to the Zoning Ordinance shall be forwarded to the Allegheny County Department of Economic Development.

§ 130-116 Procedure for landowner curative amendments.

A. A landowner who desires to challenge on substantive grounds the validity of a zoning ordinance or map or any provision thereof, which prohibits or restricts the use or development of land in which he/she has an interest may submit a curative amendment to 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, Act 247, as amended.[1] Borough Council shall commence a hearing thereon within 60 days of the request as provided in Section 916.1. The curative amendment and challenge shall be referred to the Planning Commission or agencies as provided in Section 609 of the Pennsylvania Municipalities Planning Code, Act 247, as amended,[2] and notice of the hearing thereon shall be given as provided in Section 610 and in Section 916.1 of the Pennsylvania Municipalities Planning Code, Act 247, as amended

[1] Editor's Note: See 53 P.S. § 10916.1.

[2] Editor's Note: See 53 P.S. § 10909.

B. The hearing shall be conducted in accordance with Section 908 of the Pennsylvania Municipalities Planning Code, Act 247, as amended,[3] and all references therein to the Zoning Hearing Board shall, for purposes of this section be references to Borough Council: provided, however, that the provisions of Section 908(1.2) and (9) shall not apply and the provisions of Section 916.1 shall control. 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 the entire Zoning Ordinance and Map, but only for those provisions which specifically relate to the landowner's curative amendment and challenge.

[3] Editor's Note: See 53 P.S. § 10908.

C. Where the Borough has determined that a validity challenge has merit may accept a landowner's curative amendment, with or without revision, or it may adopt an alternative amendment which will cure the challenged defects. 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 the ordinance or 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; and

(5) The impact of the proposal on the preservation of agriculture and other land uses which are essential to public health and welfare.

§ 130-117 Procedure for municipal curative amendments.

If the Borough determines that its Zoning Ordinance or any portion thereof is substantially invalid, it shall take the following actions:

A. The Borough shall declare, by formal action, its Zoning Ordinance or portions thereof substantively invalid and propose to prepare a curative amendment to overcome such invalidity. Within 30 days following such declaration and proposal, the Borough Council shall:

(1) By resolution make specific findings setting forth the declared invalidity of the Zoning Ordinance which may include:

(a) References to specific uses which are either not permitted or not permitted in sufficient quantity;

(b) Reference to a class of use or uses which require revision; or

(c) Reference to the entire ordinance which requires revisions.

(2) Begin to prepare and consider a curative amendment to the Zoning Ordinance to correct the declared invalidity.

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, its Zoning Ordinance pursuant to the provisions required by Section 609 of the Pennsylvania Municipalities Planning Code, Act 247, as amended,[1] in order to cure the declared invalidity of the Zoning Ordinance.

[1] Editor's Note: See 53 P.S. § 10909.

C. Upon the initiation of the procedures as set forth in this section, Borough Council shall not be required to entertain or consider any landowner's curative amendment filed under Section 609.1 of the Pennsylvania Municipalities Planning Code, Act 247, as amended,[2] nor shall the Zoning Hearing Board be required to give a report requested under Section 909.1 or 916.1 of the Pennsylvania Municipalities Planning Code, Act 247, as amended,[3] subsequent to the declaration and proposal based upon the grounds identical to or substantially similar to those specified in the resolution required. Upon completion of the procedures as set forth in this section, no rights to a cure pursuant to the provisions of Sections 609.1 and 916.1 shall, from the date of the declaration and proposal, accrue to any landowner on the basis of the substantive invalidity of the unamended zoning ordinance for which there has been a curative amendment pursuant to this section.

[2] Editor's Note: See 53 P.S. § 10909.1.

[3] Editor's Note: See 53 P.S. § 10909.1 or 10916.1.

D. The Borough having utilized the procedures as set forth in this section may not again utilize said procedure for a thirty-six-month period following the date of the enactment of a curative amendment, or reaffirmation of the validity of its Zoning Ordinance, pursuant to this section; provided, however, if after the date of declaration and proposal there is a substantially new duty or obligation 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 prepare a curative amendment to this ordinance to fulfill said duty or obligation.

§ 130-118 Publication after enactment; incorporation in official ordinance book.

After enactment, if the advertisement of a zoning ordinance or amendment is required by other laws respecting the advertisement of ordinances, such advertisement may consist solely of a reference to the place or places within the Borough where copies of such ordinance or amendment shall be obtainable for a charge not greater than the cost thereof and shall be available for examination without charge. Zoning ordinances and amendments may be incorporated into official ordinance books by reference with the same force and effect as if duly recorded therein.