Biglerville City Zoning Code
PART 13
MISCELLANEOUS LEGAL PROVISIONS, AMENDMENTS AND ENACTMENT
§ 27-1301 Interpretation.
[Ord. 2-89, 4/4/1989, § 1301]
In interpreting and applying the provisions of this Chapter, they shall be held to be the minimum requirements for the promotion of the public health, safety, comfort, convenience, order and general welfare. Where the provisions of this Chapter impose greater restrictions than those of any statute, other ordinance, or regulation, the provisions of this Chapter shall control. Where the provisions of any statute, other ordinance, or regulation impose greater restrictions than this Chapter, the provisions of such statute, ordinance or regulation shall control.
§ 27-1302 Separability.
[Ord. 2-89, 4/4/1989, § 1402]
It is hereby declared to be the legislative intent that:
A.
If a court of jurisdiction declares a provision of this Chapter to be invalid or ineffective in whole or in part, the effect of such decision shall be limited to those provisions which are expressly stated in the decision to be invalid or ineffective, and all other provisions of this Chapter shall continue to be separately and fully effective.
B.
If a court of competent jurisdiction finds the application of any provision or provisions of this Chapter to any lot, building or other structure or tract of land, to be invalid or ineffective, in whole or in part, the effect of such decision shall be limited to the person, property, or situation immediately involved in the controversy, and the application of any such provision to other persons, property or situations shall not be affected.
§ 27-1303 Amendments.
[Ord. 2-89, 4/4/1989, § 1303; as amended by Ord. 6-2003, 9/2/2003, § 1]
The Biglerville Borough Council may from time to time amend this Chapter, including the Zoning Maps.
A.
Public Hearings Prior to Amendment.
(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 by the Borough at points deemed sufficient by the Borough along the tract to notify potentially interested citizens. The affected tract or area shall be posted at least one week prior to the date of the hearing.
(2)
In addition to the requirement that notice be posted under Subsection 1 above, where the proposed amendment involves a Zoning Map change, notice of the public hearing shall be mailed by the Borough at least 30 days prior to the date of the hearing by first class mail to the addresses to which real estate tax bills are sent for all real property located within the area being rezoned, as evidenced by tax records within the possession of the Borough. The notice shall include the location, date and time of the public hearing. A good faith effort and substantial compliance shall satisfy the requirements of this subsection.
(3)
This clause shall not apply when the rezoning constitutes a comprehensive rezoning.
(4)
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.
B.
Referral to Planning Committee.
(1)
In the case of an amendment other than that prepared by the Borough Planning Committee, the Council shall submit each such amendment to the Planning Committee at least 30 days prior to the hearing on such proposed amendment to provide the Planning Committee an opportunity to submit recommendations.
C.
Submission to County Planning Commission.
(1)
At least 30 days prior to the hearing on the ordinance or amendment by the Borough Council, the Council shall submit the proposed ordinance to the Adams County Planning Commission for recommendations.
(2)
Within 30 days after enactment, a copy of the amendment to this Chapter shall be forwarded to the County planning agency.
D.
Landowner Initiated Curative Amendments.
(1)
Submittal.
(a)
A landowner who desires to challenge on substantive grounds the validity of an ordinance or map or any provisions 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 § 916.1 of the Pennsylvania Municipalities Code (hereinafter "MPC"), 53 P.S. § 10916.1. The Borough Council shall commence a hearing thereon within 60 days of the request as provided in § 916.1. of the MPC 53 P.S. § 10916.1. The curative amendment and challenge shall be referred to the Planning Committee and the County planning agency as provided in § 609 and notice of the hearing thereon shall be given as provided in §§ 610 and 916.1 of the MPC, 53 P.S. §§ 10609, 10610 and 10916.1.
(2)
Public Hearing.
(a)
The hearing shall be conducted in accordance with § 908 of the MPC, 53 P.S. § 10908, and all references therein to the Zoning Hearing Board shall, for purposes of this Section, be references to the Borough Council provided, however, that the provisions of § 908 (1.2) and (9) of the MPC, 53 P.S. § 10908 shall not apply and the provisions of § 916.1. of the MPC 53 P.S. § 10916.1. shall control. 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.
(3)
Planning Commission Referrals.
(a)
The curative amendment shall be referred to both the Borough Planning Committee and the County Planning Commission in the same manner as an amendment proposed by the Borough Council.
(4)
Public Notices.
(a)
Public notice of the proposed amendment shall include notice that the validity of the ordinance or map is in question, and shall give the place where and the times when a copy of the landowner's request, including the plans submitted may be examined by the public.
(6)
Consideration of Amendment.
(a)
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:
(i)
The impact of the proposal upon roads, sewer facilities, water supplies, schools and other public service facilities.
(ii)
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 Zoning Map.
(iii)
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.
(iv)
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.
(v)
The impact of the proposal on the preservation of agriculture and other land uses which are essential to public health and welfare.
(7)
Additional Substantive Challenges by Landowner.
(a)
A landowner who has challenged on substantive grounds the validity of this Chapter or Zoning Map either by submission of a curative amendment to the Borough Council under § 916.1(a)(2) or to the Zoning Hearing Board under § 909.1(a)(1) of the MPC shall not submit any additional substantive challenges involving the same parcel, group of parcels or parts thereof until such time as the status of the landowner's original challenge has been finally determined or withdrawn; provided, however, that if after the date of the landowner's original challenge the Borough adopts a substantially new or different Zoning Ordinance or Zoning Map, the landowner may file a second substantive challenge to the new or different Zoning Ordinance or Zoning Map under § 916.1(a) of the MPC.
E.
Municipality Initiated Curative Amendments. 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:
(2)
Within 180 days from the date of the declaration and proposal, the Borough shall enact a curative amendment to validate or reaffirm the validity of this Chapter pursuant to the provisions of § 609 of the Pennsylvania Municipalities Planning Code (hereinafter "MPC"), 53 P.S. § 10609, in order to cure the declared invalidity of this Chapter.
(3)
Upon the initiation of the procedures as set forth in Subsection E(1), above, the Borough Council shall not be required to entertain or consider any landowner's curative amendment filed under § 609.1 of the MPC, 53 P.S. § 10609.1, nor shall the Zoning Hearing Board be required to give a report requested under §§ 909.1 or 916.1 of the MPC, 53 P.S. §§ 10909.1, 10916.1, subsequent to the declaration and proposal based upon grounds identical or substantially similar to those specified by the resolution required by Subsection E(1)(a), above. Upon completion of the procedures set forth in Subsections E(1) and (2), above, no rights to a cure pursuant to the provisions of §§ 609.1 and 916.1 of the MPC, 53 P.S. §§ 10609.1, 10916.1, shall, from the date of the declaration and proposal, accrue to any landowner on the basis of the substantive invalidity of this Chapter for which there has been a curative amendment pursuant to this Section.
(4)
The Borough, having utilized the procedures set forth in this Section, may not again utilize said procedure for a period of 36 months following the date of enactment of a curative amendment, or reaffirmation of the validity of this Chapter; provided, however, if after the date of declaration and proposal there is a substantially new duty imposed upon the Borough by virtue of a change in statute or by virtue of a Pennsylvania appellate court decision, the Borough may utilize the provisions of this Section to propose a curative amendment to this Chapter to fulfill said duty or obligation.