[Ord. No. 2018-2, 11/5/2018]
1.
The provisions of this chapter and the boundaries of the zoning districts
as set forth upon the Zoning Map may from time to time be amended
by the Borough Council in accordance with the provisions as set forth
in the Pennsylvania Municipalities Planning Code, Act 247, as amended.[1] Prior to adopting any amendment to this chapter or to
the Zoning Map, the following procedures shall be met:
A.
Any proposed amendment, not initiated by the Borough Planning Commission,
shall be referred to the Borough Planning Commission not less than
30 days prior to a public hearing before the Borough Council to provide
the Borough Planning Commission an opportunity to submit any comments
or recommendations regarding the proposed amendment.
B.
Prior to voting on the enactment of any proposed amendment, the Borough
Council shall hold a public hearing pursuant to public notice. If,
after any public hearing held upon a proposed amendment, said amendment
is substantially changed, or is revised to include land not previously
affected by the proposed amendment, the Borough Council shall hold
another public hearing before proceeding to vote on the amendment.
C.
Any recommendation of the Borough Planning Commission shall be submitted
to the Borough Council in writing.
D.
Not less than 30 days prior to the public hearing, the Borough Council
shall submit the proposed amendment to the Luzerne County Planning
Commission for its comments and recommendation. In addition to the
proposed amendment, the Borough Council shall submit any required
fees charged by the Luzerne County Planning Commission for its review.
E.
Proposed action shall not be taken until the Borough Planning Commission
and the Luzerne County Planning Commission comments and recommendations
are submitted to the Borough Council. If either Commission fails to
act within 30 days from its receipt of the proposed amendment, the
Borough Council may proceed without such recommendation.
F.
When a proposed amendment involves a Zoning Map change, the following
procedures shall be applicable:
(1)
Notice of the public hearing shall be conspicuously posted by
Borough at points deemed sufficient along the perimeter of the tract
to notify potentially interested citizens. The affected tract or area
shall be posted not less than one week prior to the date of the public
hearing.
(2)
Mailing.
(a)
Notice of the public hearing shall be mailed by the Borough,
at least 30 days prior to the date of the public hearing, by first
class mail to the addresses to which real estate tax bills are sent
to property owners whose properties:
(b)
The above information shall be based upon current tax records
within the Luzerne County Tax Assessment Office. The notice shall
include the location, time and date of the public hearing. A good
faith effort and substantial compliance shall be deemed to satisfy
this requirement. While it shall be the intent of the Borough Council
to provide written notice to such owners, failure to do so shall not
invalidate an otherwise duly enacted ordinance that amends in the
Zoning Map.
(3)
The above requirement shall not apply when the rezoning constitutes
a comprehensive rezoning.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
[Ord. No. 2018-2, 11/5/2018]
1.
The application for a proposed amendment, which is not submitted as a curative amendment, to the text of this chapter or to the Zoning Map shall be submitted in writing to the Zoning Officer, who shall process said application in accordance with § 27-1301 of this chapter. An application shall contain the following information as applicable:
A.
The applicant's name and address and/or the name and address
of his authorized agent or the equitable owner.
B.
A copy of the deed to the property, and when the applicant is not
the owner of the property, appropriate documentation to establish
the applicant's standing as the equitable owner.
C.
A signed statement by the owner of record, or applicant as the case
may be, attesting to the truth of the facts of all information contained
within the application.
D.
A scaled plan of the area proposed to be rezoned, which indicates
abutting streets, the zone classification of adjoining properties
and the names and addresses of the true and correct owners of record
within the area proposed to be rezoned and physically bordering the
area to be rezoned as evidenced by tax records within the Luzerne
County Tax Assessor's Office.
E.
Plans, drawings and explanatory material, which describes in detail
the applicant's proposed use and/or development of the property.
F.
Specify those sections of this chapter or areas upon the Zoning Map
which will be affected by the proposed amendment.
[Ord. No. 2018-2, 11/5/2018]
1.
Initiated by Landowner.
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 to
cure the alleged defect be heard and decided by the Borough Council.
In addition to the written request and proposed amendment, the landowner
shall also submit plans, drawings and explanatory material, which
describes in detail his proposed use or development. The Borough Council
shall commence a public hearing pursuant to public notice within 60
days of the landowner's request. The sixty-day period shall not
commence until all required information and material is submitted,
along with all related fees. Failure to convene a public hearing within
60 days of the landowner's request shall not result in a deemed
approval.
B.
The curative amendment and supporting information shall be referred
to the Borough Planning Commission and the Luzerne County Planning
Commission for its review and comment not less than 30 days prior
to the public hearing.
C.
The public hearing before the Borough Council shall be conducted in accordance with the applicable procedures contained in § 27-1406 of this chapter and all references therein to the Zoning Hearing Board shall, for the purposes of this section, be references to the Borough Council. Public notice of the required public hearing shall include notice of the validity of those particular provisions of this chapter and/or the Zoning Map which are in question, along with the place where the proposed amendment, plans, drawings, explanatory material and any other pertinent information may be examined by the public.
D.
If the Borough Council determines that a validity challenge has merit,
it may accept a landowner's curative amendment, with or without
revisions, or it may adopt an alternative amendment which will cure
the challenged defects. The Borough Council shall consider, in addition
to the landowner's proposed curative amendment, plans, drawings
and explanatory material, the following items:
(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 and
affordable by classes of persons otherwise unlawfully excluded by
the challenged provisions of this chapter and/or Zoning Map.
(3)
The suitability of the site for the intensity of use proposed
in relationship to the site's soils, slopes, woodlands, floodplains,
aquifers, natural resources and other natural features.
(4)
The impact of the proposed use on the site's soils, slopes,
woodlands, wetlands, floodplains, aquifers, natural resources and
other natural features, in relationship to 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 any other land uses which are essential to the public health and
welfare.
E.
The proposed curative amendment shall be deemed denied in accordance
with any of the following:
(1)
Failure to commence the public hearing within 60 days of the
landowner's request.
(2)
When the Borough Council notifies the landowner that it will
not adopt the curative amendment.
(3)
When the Borough Council adopts another curative amendment which
is unacceptable to the landowner.
(4)
When the Borough Council fails to act on the request within
45 days after the close of the last public hearing on the request,
unless the time is extended by mutual consent by the landowner and
the Borough Council.
2.
Initiated by the Borough.
A.
If the Borough Council determines this chapter or the Official Zoning
Map, or any portion thereof, to be substantially invalid, it shall
declare such by a formal action and propose to prepare a curative
amendment to overcome such invalidity. Within 30 days following said
declaration, the Borough Council shall by resolution make specific
findings setting forth the declared invalidity which may include:
B.
Within 180 days from the date of the declaration and proposal as set forth in this section, the Borough Council shall enact a curative amendment to correct those portions deemed invalid or reaffirm the validity of those portions initially deemed to be invalid. Upon the initiation of procedures as set forth in this section, the Borough Council shall not be required to entertain or consider any landowner's curative amendment, nor shall the Zoning Hearing Board be required to consider a substantive challenge to the validity of the Zoning Ordinance or Zoning Map, pursuant to § 27-1408, Subsection 1A, of this chapter, based upon grounds identical to or substantially similar to those specified in the Borough Council resolution.
C.
The Borough Council, 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 this chapter and/or Zoning Map.
However, if after the date of declaration and proposal, there is a
substantially new duty or obligation imposed upon Borough by virtue
of a change in statute or by virtue of a Pennsylvania Appellate Court
decision, Borough may utilize the provisions of this section to prepare
a curative amendment to fulfill said duty or obligation.
[Ord. No. 2018-2, 11/5/2018]
1.
A proposed amendment to this chapter or to the Zoning Map shall be
enacted in conformance with the following:
A.
The Borough Council shall conduct a public hearing pursuant to public notice and in accordance with the procedures as contained within § 27-1301 of this chapter.
B.
Public notice shall include the time, place and date of the meeting
at which enactment will be considered and a place within Borough where
copies of the proposed amendment may be examined without charge or
obtained for a charge not greater than the cost thereof.
C.
Public notice shall include either the full text of the amendment
or the title and a brief summary of the amendment as prepared by the
Borough Solicitor. If the full text is not included, then a copy of
such shall be supplied to the newspaper in which the public notice
is published, and an attested copy to the County Law Library.
D.
In the event substantial changes are made to the proposed amendment,
before voting upon enactment, the Borough Council shall, not less
than 10 days prior to enactment, readvertise in one newspaper of general
circulation in the Borough a brief summary setting forth all the provisions
in reasonable detail together with a summary of the changes.
[Ord. No. 2018-2, 11/5/2018]
Within 30 days after the enactment of an amendment to this chapter
or to the Zoning Map, a copy of the amendment shall be forwarded to
the Luzerne County Planning Commission.
