Bath City Zoning Code
ARTICLE VII
Amendments
§ 675-37 Amendments to provisions of chapters.
The provisions of the Bath Borough Zoning Ordinance, Zoning Map, land ordinances, and other related ordinances may, from time to time, be amended, supplemented, changed or repealed by the Bath Borough Council in accordance with the provisions of the Pennsylvania Municipalities Planning Code[1] and the provisions herein provided.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
§ 675-38 Who may initiate.
Proposals for amendments, supplements, changes or repeals may be initiated by:
A.
Bath Borough Council on its own motion;
B.
Bath Borough Planning Commission through its recommendation to the Borough Council and subject to Council approval;
C.
By application of a landowner under the provisions of Section 609.1(a), 909.1(b)(4) and (5), and 916.1(a) of the MPC[1] and under the provisions of § 675-41, Procedure for landowner curative amendments, of this chapter;
[1]
Editor's Note: See 53 P.S. §§ 10609.1(a), 10909.1(b)(4) and (5), and 10916.1(a), respectively.
D.
By application of any Borough resident, civic or community group under the provisions of Section 609.1, 909.1, and 916.1 of the MPC[2] and under the provisions of § 675-41, Procedure for landowner curative amendments, of this chapter.
[2]
Editor's Note: See 53 P.S. §§ 10609.1, 10909.1, and 10916.1, respectively.
§ 675-39 Amendments shall be required.
When a court of competent jurisdiction sustains a landowner curative amendment, or the Bath Borough Zoning Hearing Board sustains a landowner curative amendment, or the Borough Council approves a landowner curative amendment as provided in § 675-38C above, and for the following reasons:
A.
Compliance to new legislative acts of the commonwealth;
C.
The statements of community development objectives or the Comprehensive Plan is changed to include new land uses, increased population densities, need for housing, new structure uses for commerce and industries, and the expansion of community facilities and utilities, and any other factors not currently included or sufficiently addressed in the above-referenced statement or plan but is basic to and relevant in describing the purposes and intent of the Zoning Ordinance;
D.
The obsolescence of provisions of the Zoning Ordinance through any of the above-referenced reasons; and
§ 675-40 Mandatory requirements for enactment of amendments.
The following provisions shall be observed as the mandatory required procedures for enactment of Zoning Ordinance amendments:
A.
Before voting on the enactment of an amendment the Borough Council shall hold a public hearing thereon.
C.
If the proposed amendment involves a Zoning Map change, notice of said public hearing shall be posted along the perimeter of the affected tract(s) of land at conspicuous points deemed sufficient by the Council at least seven days prior to the date of the hearing.
D.
The Borough Council shall submit the proposed amendment to the Borough Planning Commission at least 30 days prior to the hearing for their review and recommendations. Said recommendations are due in Council chambers not later than the close of business on the day before the hearing. If the subject recommendations are not received by the Council within the specified time allowed, the Council may proceed without their recommendation.
E.
If, after the public hearing the proposed amendment is changed substantially, or is revised to include land previously not affected by it, the Council shall hold another public hearing, pursuant to public notices as provided by § 675-43 herein, before proceeding to vote on the amendment.
F.
The proposed amendment shall be submitted to the Lehigh Valley Planning Commission (LVPC) at least 30 days prior to the date of the public hearing for their review and recommendations. If the subject recommendations are not received by Borough Council on or before the date of the public hearing, the Borough Council may proceed without its recommendations.
G.
The Borough provides a mediation option under § 675-35 of this chapter as an aid in completing proceedings authorized by § 675-38C of this chapter. In exercising such option, the Borough and mediating parties shall meet the stipulations and follow with strict compliance the proceedings set forth in Article IX of the MPC.[2]
[2]
Editor's Note: See 53 P.S. § 10901 et seq.
§ 675-41 Procedure for landowner curative amendments.
A.
A landowner who desires to challenge, on substantive grounds, the validity of a zoning ordinance 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 § 675-38C of this chapter. The Borough Council shall commence a hearing thereon within 60 days of the request as provided in Section 609.1(a) and 916.1 of the MPC. The curative amendment and challenge shall be referred to the Planning Commission as provided in Section 609(c) and 609.1(a) of the MPC, and notice of the hearing thereon shall be given as provided in Section 610 and Section 609.1 and Section 916.1 of the MPC.[1]
[1]
Editor's Note: See 53 P.S. §§ 10610, 10609.1 and 10916.1, respectively.
B.
The hearing shall be conducted in accordance with § 675-30 of this chapter or Section 908 of the MPC[2] and all reference therein to the Zoning Hearing Board shall, for purposes of this section, be referred to the Bath Borough Council. If the Council does not accept the landowner curative amendment brought in accordance with this section and a court subsequently rules 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 curative amendment and challenge.
[2]
Editor's Note: See 53 P.S. § 10908.
C.
If the Borough Council determines the validity challenge has merit, it may accept the landowner curative amendment with or without revision, or it may adopt an alternative amendment which will cure the challenged defects. The 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, schools, and other public 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 the Zoning Ordinance or map;
(3)
The suitability of the site for the intensity of use proposed by the sites soils, slopes, woodlands, wetlands, floodplains, aquifers, natural resources, and other natural features;
(4)
The impact of the proposed use on the sites soils, slopes, woodlands, wetlands, floodplains, natural resources, natural features, the degree to which these are protected or destroyed, the tolerance of the resources to the development, and any adverse environmental impacts; and
(5)
The impact of the proposal on the preservation of agriculture and other land uses which are essential to public health and welfare.
§ 675-42 Procedure for municipal curative amendment.
If the Borough Council determines its Zoning Ordinance or any portion thereof is substantially invalid, it shall take the following actions:
A.
The Borough Council shall declare by formal action its Zoning Ordinance or portion thereof substantively 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.
Within 180 days from the date of the declaration and proposal, the Borough Council shall enact a curative amendment to validate or reaffirm the validity of its Zoning Ordinance pursuant to the provisions required by Section 609 of the MPC[1] in order to cure the declared invalidity of the Zoning Ordinance.
[1]
Editor's Note: See 53 P.S. § 10609.
C.
Upon the initiation of the procedures as set forth in Subsection A, the Borough Council shall not be required to entertain or consider any landowner curative amendment filed under Section 609.1 of the MPC,[2] nor shall the Zoning Hearing Board be required to give a report requested under Section 909.1 or 916.1 of the MPC subsequent to the declaration and proposal based upon the grounds identical to or substantially similar to those specified in the resolution required in Subsections A and B, no rights to cure pursuant to the provisions of Section 909.1 and 916.1 of the MPC shall, from the date of the declaration and proposal, accrue to any landowner on the basis of the substantive invalidity of the unamended Zoning Ordinance for which there has been a curative amendment pursuant to this section.
[2]
Editor's Note: See 53 P.S. § 10609.1.
D.
The Borough Council, having utilized the procedures as set forth in § 675-38A and B, may not again utilize such procedure for a thirty-six-month period following the date of the enactment of a curative amendment, or reaffirmation of the validity of its zoning ordinances, pursuant to Clause (2) Section 609.2 of the MPC;[3] provided, however, if after the date of declaration or proposal there is a substantial new duty or obligation imposed upon the Borough by virtue of a change in statute or by virtue of a Pennsylvania appellate court decision, the Borough Council may utilize the provisions of this section to prepare a curative amendment to its chapter to fulfill said duty or obligation.
[3]
Editor's Note: See 53 P.S. § 10609.2(2).
§ 675-43 Publication, advertisement, and availability of chapters.
Proposed zoning ordinances and amendments shall not be enacted unless notice of proposed enactment is given in the manner set forth in this section, and shall include the time and place of the meeting at which passage will be considered, a reference to a place within the Borough where copies of the proposed ordinance or amendment may be examined without charge or obtained for a charge not greater than the cost thereof. The Borough Council shall publish the proposed ordinance or amendment once in a newspaper of general circulation in the Borough not more than 60 days nor less than seven days prior to passage. Publication of the proposed ordinance or amendment shall include either the full text thereof or the title and a brief summary, prepared by the Borough Solicitor and setting forth all the provisions in reasonable detail. If the full text is not included:
A.
A copy thereof shall be supplied to a newspaper of general circulation in the Borough at the time the public notice is published.
B.
An copy of the proposed ordinance shall be filed in the Northampton County Law Library or other county office as designated by the County Council, who may impose a fee no greater than is necessary to cover the actual cost of storing said ordinances.
(1)
In the event substantial amendments are made in the proposed ordinance or amendment, before voting on the amendment, the Borough Council shall, at least 10 days prior to the enactment, re-advertise, 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 amendments.
(2)
The zoning ordinance and amendments may be incorporated into the official Code book by reference with the same force and effect as if duly recorded therein.