The Borough Council may from time to time amend, supplement,
change, modify or repeal this chapter including the Zoning Map. When
doing so, the Borough Council shall proceed in the manner prescribed
in this Part.
[As amended by Ord. 659, 12/6/1988, § 1]
Proposals for amendment, supplement, change, modification or
repeal may be initiated by the Borough Council on its own motion,
by the Planning Commission or by application by one or more owners
of property to be affected by the proposed amendment, subject to the
following provisions:
1.
Proposals Originated by the Borough Council. The Borough Council
shall refer every proposed amendment, supplement, change, modification
or repeal originated by the Board to the Borough Planning Commission
and the County Planning Commission at least 45 days prior to the hearing
to provide the Commissions an opportunity to submit recommendations.
The recommendations of the Planning Commission shall be submitted
in writing to the Council. The recommendations of the County Planning
Commission shall be submitted in writing to the Council. The recommendations
of the County Planning Commission shall be made within 45 days.
2.
Proposals Originated by the Planning Commission. The Planning Commission may at any time transmit to the Borough Council any proposal for amendment, supplement, change, modification or repeal of chapter. The procedures with regard to County Planning Commission review and recommendations shall be as required in § 27-1402, Subsection 1, above.
3.
Proposals Originated by a Citizen's Application. Each application shall be by one or more owners of property to be affected by a proposal for amendment, supplement, change, or modification and shall be submitted to the Secretary of the Borough Council in writing on forms provided by the Borough. The application shall state the name, address, telephone number, and signature of the person requesting the amendment. If the amendment is a rezoning, the application shall require the applicant to provide: a copy of a tax map showing the lots to be rezoned, the names and addresses of all property owners whose property would be rezoned, and the names and address of all property owners to be notified as required by § 27-1403, Subsection 2, of this chapter. The applicant shall provide a draft of the amending ordinance in the Borough's customary form. The applicant shall pay a $150 fee to the Borough of Stroudsburg when submitting the application. The procedures with regard to the Borough Planning Commission and County Planning Commission review and recommendation shall be as required in § 27-1402, Subsection 1, above.
4.
Any general challenges or appeals to this Zoning Chapter shall be
made in accordance with the provisions of Articles IX and X of Act
No. 247 of the Pennsylvania General Assembly of 1968, effective January
1, 1969, and amendments and supplements thereto, known as the "Pennsylvania
Municipalities Planning Code". All provisions thereof and procedures
thereunder are hereby incorporated by reference.
No such amendment, supplement, change, modification or repealer
shall become effective until after a public hearing in relation thereto
at which parties in interest and citizens shall have an opportunity
to be heard. Notice shall be given as follows:
1.
Notice shall be published once each week for two successive weeks
in a newspaper of general circulation in the Borough. Such notice
shall state the time and place of the hearing, the particular nature
of the matter to be considered at the hearing, 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. The first publication shall be not more
than 30 days or less than 14 days from the date of the hearing.
2.
When such hearing concerns a zoning map change, at least 15 days'
written notice shall be given to abutting property owners, who shall
be those persons whose properties adjoin or are across the street
from the property in question.
3.
If a proposed amendment affects any land or building within 500 feet
of an adjoining municipality, notice of the hearing and a copy of
the proposal shall be forwarded to the secretary of the governing
body of that municipality at least 15 days prior to the hearing.
The vote on the amendment or change by the Borough Council shall
be within 90 days after the last public hearing. A decision shall
not be made by the Borough Council until County Planning Commission
and Borough Planning Commission recommendations have been received
unless the Planning Commissions have not responded within 45 days.
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 Council shall hold another public hearing,
pursuant to public notice, before proceeding to vote on the amendment.
In case any building or structure is erected, constructed, reconstructed,
altered, repaired, converted or maintained or any building, structure
or land is used in violation of this chapter, the Borough Council
or the Zoning Officer, with the approval of the Borough Council, may
institute in the name of the Borough, any appropriate action or proceedings
to prevent such unlawful erection, construction, reconstruction, alteration,
repair, conversion, maintenance or use; to restrain, correct or abate
such violation; to prevent the occupancy of said building, structure
or land or to prevent any illegal act, conduct, business, or use in
or about such premises. The rights and remedies provided in this chapter
are cumulative and are in addition to all other remedies provided
by law.
[As amended by Ord. 685, 11/8/1989, § 1]
1.
Except as specifically provided elsewhere in this chapter, any person,
partnership or corporation who shall violate the provisions of this
zoning chapter shall, upon conviction thereof in a civil enforcement
proceeding, be sentenced to pay a civil judgment of not more than
$500 plus court costs and reasonable attorney fees incurred by the
Borough. Each day that a violation is continued shall constitute a
separate offense.
[Amended by Ord. No. 1075, 4/16/2019]
2.
Such fines may be collected by suit or summary proceeding brought
in the name of the Borough before the District Justice having jurisdiction
over the Borough.
3.
Whenever the Zoning Officer shall give notice to any such person specified in Subsection 1 above that said person is violating this chapter, such person shall commence and compete correction of all violations within the time frame set forth in writing in the notice from the Zoning Officer. If corrections are not commenced or completed within the time frame set forth in the notice, each day that a violation continues shall be considered a separate offense punishable by the like fine or penalty.
Whenever a violation of this chapter occurs, any person may
file a complaint in regard thereto. All such complaints must be in
writing and shall be filed with the Zoning Officer who shall properly
record such complaint and immediately investigate and report thereon
to the Borough Council.
