[Ord. 8-1994, 12/12/1994, § 1100; as amended by Ord. 6-2007, 10/8/2007]
The Borough may, on its own motion or by petition, amend, supplement, change, modify or repeal this chapter, including the Zoning Map, by proceeding in the following manner. (See Appendix C of this chapter for an illustration of the amendment procedure.) For curative amendments see 53 P.S., § 10609.1, "Procedure For Landowner Curative Amendments," and § 10609.2, "Procedure for Municipal Curative Amendments," under Article VI of the Pennsylvania Municipalities Planning Code, P.L. 1329, Act 170, as reenacted December 21, 1988.
A. Public Hearing and Notice Requirements.
(1) The Borough Council shall, at a public meeting, establish a date, time and place for a public hearing on the proposed amendment. Notice of such hearing shall be published once each week for two successive weeks in a newspaper of general, local circulation. The first notice shall be published not more than 30 days and the second publication should appear no less than seven days prior to the hearing date. The notice shall state the time and place of the hearing and the general nature of the proposed amendment in such reasonable detail as will give adequate notice of its contents and shall name the place(s) where copies of the proposed amendment may be examined. In addition, if the proposed amendment involves a Zoning Map change, notice of said public hearing shall be conspicuously posted by the Borough at points deemed sufficient by the Borough along the affected tract at least seven days prior to the date of the hearing. Further, where a proposed amendment involves a map change, other than a comprehensive municipal rezoning, the Borough shall notify all property owners within the area proposed for rezoning (by first class mail) of the date, time and location of the hearing at least 30 days prior to the hearing.
(2) If after said public hearing, the proposed amendment is changed substantially or is revised to include land not previously affected by it, the Council shall hold another public hearing and give notice thereof as set forth above, before proceeding to vote on the amendment.
(3) If, after said public hearing, 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, and give notice thereof as set forth above, before proceeding to vote on the amendment.
B. Review by Planning Commissions. Every such proposed amendment or change, whether initiated by the Borough Council or by petition, shall be referred to the Borough Planning Commission and the County Planning Commission at least 30 days before the public hearing for report thereon. If the Planning Commission(s) shall fail to file such a report before the public hearing it shall be presumed that the Planning Commission(s) have no comments or concerns regarding the proposed amendment, supplement or change.
C. Opportunity to be Heard. At the public hearing, full opportunity to be heard shall be given to any citizen and all parties in interest.
D. Notice of Enactment. Prior to taking action on the amendment, the Borough Council shall give notice of proposed enactment by publishing the entire amendment or the title and a brief summary in a newspaper of general, local circulation. Such notice shall include the time and place of the meeting at which passage will be considered and shall name the place where copies of the proposed amendment can be examined. The notice shall be published one time, not more than 60 days nor less than seven days prior to passage. If the full text is not published, a copy of the amendment shall be supplied to the newspaper at the time of publication of the notice, and an attested copy of the proposed amendment shall be filed in the County law library or other County office designated by the County Commissioners.
E. Enactment of Amendment.
(1) The adoption of an amendment shall be by simple majority vote of the Borough Council. The vote of the Council shall be within 90 days after the last public hearing on the amendment. If the Council fails to take action within 90 days, the proposed amendment shall be deemed to have been denied.
(2) Within 30 days after enactment, a copy of the amendment shall be forwarded to the County Planning Commission.