[Ord. 1112, 1/19/2010]
A.
The Borough Council may, from time to time, amend, supplement, or
repeal any of the regulations and provisions of this chapter. The
procedure for the preparation of a proposed Zoning Ordinance as set
forth in Section 607 of the Pennsylvania Municipalities Planning Code,
53 P.S. § 10607, is hereby declared optional.
B.
The Borough Council will conduct hearings and make decisions in accordance
with the Municipalities Planning Code.[1] 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
Borough at points deemed sufficient by the Borough along the perimeter
of the tract to notify potentially interested citizens.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
C.
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 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, the Borough Council shall hold another
public hearing, pursuant to public notice, before proceeding to vote
on the amendment.
E.
Prior to the public hearing on the amendment by the Borough Council,
the Borough shall submit the proposed amendment to Cumberland County
for recommendations.
F.
A copy of the adopted amendment to this chapter shall be forwarded
to Cumberland County for record.
[Ord. 1112, 1/19/2010]
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 (hereinafter "MPC"), 53 P.S. § 10916.1. The curative
amendment and challenge shall be referred to the Planning Commission
and the county planning agency as provided in Section 609 of the MPC,
and notice of the hearing thereon shall be given as provided in Sections
610 and 916.1 of the MPC, 53 P.S. §§ 10609, 10610,
and 10916.1.
B.
The Borough Council will conduct hearings and make decisions in accordance
with the Municipalities Planning Code. 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 Zoning Map but only for those provisions
which specifically relate to the landowner's curative amendment
and challenge.
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, school 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.
[Ord. 1112, 1/19/2010]
A.
If the Borough determines that this chapter, or any portion hereof,
is substantially invalid, it shall take the following actions:
(1)
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:
[Ord. 1112, 1/19/2010]
Public notices of proposed zoning ordinances and amendments
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 Borough where copies of the proposed ordinance
or amendment may be examined, in addition to the time and place of
hearing. 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 perimeter of
the tract to notify potentially interested citizens. The affected
tract shall be posted at least one week prior to the date of the public
hearing.
