A.Â
The provisions of this chapter and the boundaries of the zoning districts,
as set forth on the Zoning Map, may from time to time be amended or
changed by the Borough Council, in accordance with the provisions
contained in this article and the provisions of Section 609 of the
Pennsylvania Municipalities Planning Code, Act of 1968, P.L. 805,
No. 247,[1] as from time to time reenacted and amended.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B.Â
The provisions of this Article are based on Sections 609 and 610
of the Pennsylvania Municipalities Planning Code Act of 1968, P.L.
805, No. 247,[2] as from time to time reenacted and amended. In any conflict
or discrepancy between the provisions herein and those of the aforementioned
act, the provisions of the act shall prevail.
[2]
Editor's Note: See 53 P.S. § 10101 et seq.
A.Â
Prior to voting on the enactment of any amendment the Borough Council
shall hold at least one public hearing.
(1)Â
Public notice of this hearing shall be given, as delineated in § 360-46C(2) of this chapter.
(2)Â
For rezoning, excluding that associated with the comprehensive review
and updating of the zoning ordinance, the following notifications
shall also occur:
(a)Â
Notice of said public hearing shall be conspicuously posted
by the Zoning Officer along the perimeter of the tract(s) to be affected
at least seven days prior to the date of the hearing;
(b)Â
Written notice shall be provided 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 real property located within the
area being rezoned, as evidenced by real estate tax records within
the possession of the Borough. The notice shall include the location,
date and time of the public hearing.
B.Â
In the case of an amendment, other than that prepared by the Borough
Planning Commission, the Borough Council shall submit 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.
C.Â
All proposed amendments shall be submitted by the Borough Council
to the Union County Planning Commission for review and recommendation
at least 30 days prior to the public hearing.
D.Â
If, after any public hearing held upon an amendment the proposed
amendment is changed substantially or is revised to include any land
not previously affected by it, the Borough Council shall submit said
amendment back to the Union County Planning Commission for review
and recommendation and hold another public hearing before proceeding
to vote on the amendment.
E.Â
Proposed amendments shall not be enacted unless public notice of
proposed enactment is given and the proposed amendment is also made
available for public view.
(1)Â
Content of notice. The notice of proposed enactment of an amendment
shall include:
(2)Â
Public notice shall be given in a newspaper of general circulation
not more than 30 nor less than seven days prior to the date of proposed
enactment. Such notice shall be printed a minimum of once a week for
two consecutive weeks.
(3)Â
Notice shall be conspicuously posted in the Borough building at least
two weeks prior to the proposed enactment.
(4)Â
In addition to the notice of the enactment, the full text of the
proposed amendment, or a summary thereof prepared by the Borough Solicitor,
shall be published in a newspaper of general circulation not more
than 60 nor less than seven days prior to passage pursuant to Section
610 of the Pennsylvania Municipalities Planning Code Act of 1968,
P.L. 805, No. 247,[1] as from time to time reenacted and amended.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
(5)Â
In the event that amendments being made to this chapter are substantial
("substantial" being defined as amending more than one article of
this chapter), before voting upon any enactment the Borough Council
shall, at least 10 days prior to scheduled enactment, readvertise
in one newspaper of general circulation a brief summary of the amendment
setting forth all the provisions in reasonable detail.
F.Â
Within 30 days after enactment, a copy of the amendment shall be
forwarded to the Union County Planning Commission.
G.Â
Zoning amendments shall be incorporated into official ordinance books
by reference with the same force and effect as if duly recorded therein.
A.Â
A landowner who desires to challenge on substantive ground the validity
of this chapter or of the Official Map or any provision thereof that
prohibits or restricts the use or development of land in which he/she
has an interest may choose to submit along with his/her challenge
a proposed amendment(s) to cure the alleged defects therein. A written
request that such a challenge and proposed curative amendment(s) be
heard and decided upon shall be submitted to the Borough Council,
pursuant to the provisions of Section 609.1 of the Pennsylvania Municipalities
Planning Code Act of 1968, P.L. 805, No. 247,[1] as amended. In addition, the landowner shall submit plans
and explanatory material describing the use or development he/she
proposes to cure the alleged defects of the challenged ordinance or
map in order to provide sufficient basis for the Borough Council to
evaluate the challenged ordinance or map.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B.Â
The Borough Council shall commence a hearing thereon within 60 days of the request, pursuant to public notice in accordance with § 360-46C(2) of this chapter, unless the landowner requests or consents to an extension of time. The public notice shall include notice that the validity of this chapter or map is in question and the place and time when a copy of the request, including any plans, explanatory material or proposed amendments, may be examined by the public.
C.Â
The landowner curative amendment shall be referred by the Borough
Council to the Lewisburg Borough and Union County Planning Commissions
for review and recommendation.
D.Â
The hearing shall be conducted by the Borough Council, in accordance with § 360-46E, F and G of this chapter and Section 908 of the Pennsylvania Municipalities Planning Code Act of 1968, P.L. 805, No. 247,[2] as amended. All references therein to the Zoning Hearing
Board shall, for the purposes of this section, be references to the
Borough Council. However, the provisions of Section 908 (1.2) and
(9) of the Act shall not apply and the provisions of Section 916.1
of the Act shall control.
[2]
Editor's Note: See 53 P.S. § 10101 et seq.
E.Â
Borough Council shall consider the curative amendment, the plans
and explanatory material submitted by landowner and shall also consider:
(1)Â
The impact of the proposal upon roads, sewer facilities, water supplies,
schools and other public service facilities.
(2)Â
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 to classes of persons otherwise unlawfully
excluded by the challenged provisions of this chapter or map.
(3)Â
The suitability of the site's soils, slopes, woodlands, wetlands,
floodplains, aquifers, natural resources and other natural features
for the intensity of the proposed use.
(4)Â
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)Â
The impact of the proposal on the preservation of agricultural and
other uses that are essential to public health and welfare.
F.Â
The Borough Council shall render its decision within 45 days after
the conclusion of the last hearing. If the Borough Council fails to
act on the landowner's request within this time period, a denial of
the request is deemed to have occurred on the 46th day after the close
of the last hearing.
G.Â
The landowner curative amendment shall be deemed denied when:
(1)Â
The Borough Council fails to commence the public hearing within 60
days of the request;
(2)Â
The Borough Council notifies the landowner that it will not adopt
the curative amendment;
(3)Â
The Borough Council adopts another curative amendment, which is unacceptable
to the landowner; or
(4)Â
The Borough Council fails to act on the landowner's request within
45 days after the close of the last hearing, unless the time is extended
by mutual consent by the landowner and the Borough.
H.Â
In the event that Borough Council 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.
Should the Borough Council determine that this chapter or any
portion thereof is substantially invalid, it shall take the following
actions:
A.Â
The Borough Council shall declare, by formal action, this chapter
or portions thereof substantially invalid and propose to prepare a
curative amendment to overcome such invalidity. Within 30 days following
such declaration and proposal the Borough Council shall:
B.Â
Within 180 days from the date of the declaration and proposal, the
Borough Council shall enact a curative amendment to cure the declared
invalidity.
C.Â
Upon initiation of the procedures set forth above, the Borough Council shall not be required to consider or entertain any landowner's curative amendment filed under § 360-53, nor shall the Zoning Hearing Board be required to provide a written decision. Upon completion of the procedures set forth above no rights to a cure pursuant to the provisions of § 360-43G or 360-53 shall, from the date of declaration and proposal, accrue to any landowner on the basis of the substantive invalidity of the unamended chapter.
D.Â
The procedures for a municipal curative amendment may not be utilized
for a period of 36 months following the date of enactment of a municipal
curative amendment. 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 an Appellate
Court decision, the Borough may utilize the provisions of this section
to prepare a curative amendment to fulfill said duty or obligation.