[Ord. No. 247-2018, 9/17/2018]
The regulations, restrictions, and boundaries set forth in this Ordinance and on the Official Zoning Map may, from time to time, be amended, supplemented, changed, or repealed through amendment by the Borough Council.
A. 
Who May Initiate. Proposals for amendment, supplement, change or repeal may be initiated by the Borough Council on its own motion, by the Planning Commission, or by petition of one or more residents of the Borough. Such petitions shall be signed and acknowledged and submitted in writing to the Borough Secretary.
1. 
A landowner who desires to challenge on substantive grounds the validity of this Ordinance or any provisions thereof, which prohibit or restrict the use or development of land in which he has an interest, may, as an alternative to submitting a validity challenge to the Zoning Hearing Board pursuant to Section 1405 of this Ordinance and to Section 916.1 of the Pennsylvania Municipalities Planning Code, submit a Curative Amendment to the Borough Council with a written request that his challenge and proposed amendments be heard and decided, as provided in Section 609.1 and Section 916.1(a)(2) of the Pennsylvania Municipalities Planning Code.
B. 
Planning Commission Review
1. 
Proposals originated by the Borough Council, by petition of Borough residents, or by Curative Amendment, shall be referred to the Planning Commission at least thirty (30) days prior to any public hearing on the proposed amendment. The Planning Commission shall submit to the Borough Council a report of its recommendations, including any additions or modifications to the original proposal, prior to the public hearing.
C. 
Review by Chester County Planning Commission
1. 
All proposals for amendment, supplement, change or repeal which are subsequently drafted into an ordinance to amend this Ordinance or the Official Zoning Map shall be submitted to the Chester County Planning Commission for recommendations at least thirty (30) days prior to the public hearing on the proposed amendment.
2. 
No action shall be taken by the Borough Council until the Chester County Planning Commission comments are received, unless thirty (30) days pass without comments being received.
D. 
Public Hearing
1. 
Before voting on enactment of an amendment, the Borough Council shall hold a public hearing thereon. Public notice shall be provided pursuant to the requirements the Pennsylvania Municipalities Planning Code. Notice shall be placed on the Borough website and also be mailed to any civic association or association of residents in the Borough who shall have registered their name and address for this purpose with the Borough Council. If a proposed amendment affects any land or structure within five hundred (500) feet of an adjoining municipality, notice of the hearing and a copy of the proposal may be forwarded to the Secretary of the governing body of the municipality at least fifteen (15) days prior to the hearing.
2. 
If, after any public hearing held upon an amendment, the proposed amendment is changed substantially, or is revised, to include land not previously affected by it, the Borough Council shall hold another public hearing, pursuant to public notice, before proceeding to vote on the amendment.
3. 
Within thirty (30) days of enactment, the Borough shall forward a copy of the amendment to the Chester County Planning Commission.
[Ord. No. 247-2018, 9/17/2018]
A. 
Landowner Initiated. A landowner who desires to challenge on substantive grounds the validity of this Ordinance or any provisions thereof, which prohibit or restrict 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 amendments be heard and decided, as provided for in Section 609.1 of the Pennsylvania Municipalities Planning Code.
1. 
For a curative amendment request, the applicant shall pay the Borough all fees required under the applicable Borough fee schedule.
B. 
Borough Initiated. The Borough Council may declare by formal action that the Zoning Ordinance or portions thereof are substantially invalid and may propose to prepare a curative amendment to overcome such validity, as provided for in Section 609.2 of the Pennsylvania Municipalities Planning Code.