Irwin City Zoning Code
PART 4
Administration
§ 260-154 Zoning Officer.
[Amended 7-9-2025 by Ord. No. 1013-2025]
A.
The provision of this chapter will be administered and enforced by the Zoning Officer. The Zoning Officer shall be appointed by the Borough Council. It shall be the duty of the Zoning Officer, who is hereby given the power, to:
(1)
Administer and enforce the provisions of this chapter.
(2)
Review zoning permit applications for compliance with the provisions of this chapter, all other applicable ordinances and with all federal, state, county and local laws and regulations which are relevant to the subject property.
(3)
Collect fees and fines as provided herein to be deposited into the Borough's general fund.
(4)
Issue and revoke zoning and use permits according to the provisions stated herein.
(5)
Maintain permanent files of all zoning and use permits and applications for such permits as public records.
(6)
Attend meetings of Borough Council and the Zoning Hearing Board, as needed, and provide the Council and the Board with information concerning applications and site plans.
(7)
Examine the progress of the work as stated in specific permit applications to ensure that it is proceeding according to the stated information in that application.
(8)
Prepare and maintain a list of nonconforming uses and structures.
(9)
Process requests for hearings before the Zoning Hearing Board.
(10)
Issue notices of violations of this chapter.
B.
The Assistant Zoning Officer, if appointed by the Borough Council, shall exercise the same powers as the Zoning Officer when he is acting on behalf of the Zoning Officer.
§ 260-155 Zoning permit.
A.
It shall be unlawful for any person to erect, alter, relocate, enlarge or structurally change a sign or other advertising structure, unless specifically exempted by these regulations, without first obtaining a permit in accordance with the provisions set forth herein.
B.
Zoning permits are required to control physical changes to land, buildings, structures and signs and to assure that such activities are conducted in conformance with all applicable Borough ordinances.
C.
A zoning permit shall be required to construct, reconstruct, erect, alter, enlarge, raze or move a building, a structure, an accessory building, an accessory structure, any lighted or flashing sign, or any sign larger than 6 1/2 square feet in area.
D.
No activity described in Subsection C shall be undertaken by any person unless that person shall first have obtained a zoning permit.
E.
No zoning permit shall be issued unless the proposed activity conforms to the requirements of this and other applicable Borough ordinances, to all Borough codes and other applicable Borough ordinances, to all Borough codes and to any appropriate State or Federal requirements affecting the activity.
§ 260-156 Use permit.
[Amended 5-9-2018 by Ord. No. 966; 5-8-2019 by Ord. No. 980; 7-9-2025 by Ord. No. 1013-2025]
A.
Use permits are required for all properties in order to control changes in the use of the land, buildings and structures; to be certain that such uses are allowed by this chapter prior to the use being allowed. A use permit shall be required in the following instances:
(1)
Use or occupancy of buildings, structures or land previously vacant.
(2)
Reuse or reoccupancy of buildings, structures or land previously used or occupied.
(3)
To use or occupy a new building or structure.
(4)
To use or occupy a building or structure or part thereof that has been altered, moved or enlarged so that a zoning permit was required.
(5)
To use or occupy a lot or zoning lot newly created by way of subdivision or rezoning.
(6)
Change in the use or character of any building, structure or lot.
(7)
Change of a nonconforming use.
B.
No activity, as specified in Subsection A of this section, shall be undertaken by any person until said person shall have first obtained a use permit.
C.
No use permit shall be issued unless the proposed activity conforms to the requirements of this and other applicable chapters of the Borough of Irwin Code and to any appropriate state or federal requirement affecting the activity.
§ 260-157 Applications.
[Amended 5-9-2018 by Ord. No. 966; 7-14-2021 by Ord. No. 995; 7-9-2025 by Ord. No. 1013-2025]
A.
Zoning and use permits may only be obtained after the filing of an application with the Zoning Officer and approval by him or her of the application following a review of all application materials and an inspection of the premises, where the application is for an occupancy permit or where the Zoning Officer otherwise deems the same appropriate.
(1)
The application for such permits shall be a standard form to be provided by the Borough.
(2)
The completed application shall be accompanied by such information as the Zoning Officer may require for administration of this chapter.
(3)
An applicant for a permit of either kind shall pay a fee, to be set by Council by way of resolution, with the application.
(4)
Before granting approval for such permits, the Zoning Officer may require such changes in the plans as may be necessary to assure compliance with this chapter and other ordinances of the Borough of Irwin.
(5)
The application shall include the name and address of the applicant and contractor and the site location on which construction is proposed.
(6)
Each application shall stipulate the proposed use of the land, building or structure. If more than one use is proposed or existing, the application shall include tabulation and description of all uses on the property and a brief description of the proposed work and the estimated cost.
(7)
The application shall include a site layout plan indicating the location, dimensions, height and relation to property and street lines of proposed buildings or structures and all existing buildings or structures. The site layout plan shall be prepared and certified by a registered professional engineer, land surveyor or landscape architect licensed in the Commonwealth of Pennsylvania.
B.
Review of application.
(1)
Planning Commission review. Sign proposals submitted in conjunction with the proposed construction of a new building or addition to an existing building that requires review by the Planning Commission shall be shown on the site plan.
(2)
Building Official review. The Building Inspector shall review the sign permit application for any proposed sign.
C.
Application fees. All applicants shall pay to the Borough at the time of application a fee in the amount established in the fee schedule adopted by resolution of the Borough Council. In the event an application requires a request to Borough Council for consideration of a conditional use or to the Zoning Hearing Board for consideration of a variance or appeal of a decision of the Code Enforcement Officer, each applicant shall pay to the Borough the appropriate application fee in the amount established in the Fee Schedule.
§ 260-158 Issuance of permit.
No zoning permit shall be issued until the Zoning Officer has determined that the proposed use of land, the proposed tenant or occupant, or the existing or proposed building or structure complies with the provisions of the applicable zoning district and other provisions of this chapter. The issuance of a zoning permit does not permit construction or occupancy of building or structure. A certificate of occupancy is also required pursuant to the Pennsylvania Uniform Construction Code, as amended. In case of refusal of the Code Enforcement Officer to issue a permit, the applicant shall be advised in writing of the reasons for denial and his or her rights of appeal to the Zoning Hearing Board.
§ 260-159 Revoking of zoning permit.
A.
The Zoning Officer shall be empowered to revoke a permit if he has evidence that the activity for which the permit was granted is not occurring in accordance with the information provided with application for that permit.
B.
The revoking of a permit shall require the former permit holder to cease and desist any activity previously allowed to occur while his permit was in effect or which was occurring in violation of this chapter and the terms under which his permit had been granted.
§ 260-160 Expiration of permit.
If any activity authorized by a permit shall not have been commenced within six months after the issuance of such permit, the permit shall be said to have expired and be invalid. Under such conditions neither the permit fee nor any part thereof shall be returned to such permit holder, and if at any further time such permit holder shall make application for another permit for the same activity, he shall follow the same procedure and pay the same fee as if no previous permit had been issued. The Zoning Officer is responsible for tracking permits and maintaining a list of the permits outstanding.
§ 260-161 Enforcement notice.
A.
The Zoning Officer is hereby authorized and directed, in the name of the Borough, to enforce the provisions of this article and to institute civil enforcement proceedings as provided in this chapter when acting within the scope of his or her employment.
B.
If it appears that a violation of this chapter has occurred, the Zoning Officer shall initiate enforcement proceedings by sending an enforcement notice as provided herein. The enforcement notice shall be sent to the owner of record of the parcel on which the violation has occurred.
C.
The enforcement notice shall state the following:
(1)
The name of the owner of record and any other person against whom the Borough intends to take action.
(2)
The location of the property violation.
(3)
The specific violation with a description of the requirements which have not been met, citing in each instance the applicable provisions of this chapter.
(4)
The date before which the steps for compliance must be commenced and the date before which the steps must be completed.
(5)
Recipient of the notice has the right to appeal to the Zoning Hearing Board within a period of 10 days.
(6)
That failure to comply with the notice within the time specified, unless extended by appeal to the Zoning Hearing Board, constitutes a violation, with possible sanctions clearly described.
§ 260-162 Enforcement remedies.
A.
Any person, partnership or corporation who or which has violated or permitted the violation of provisions of this chapter shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Borough, pay a judgment that covers any expenses the Borough shall incur to rectify the violation, plus court costs, including reasonable attorneys' fees incurred by the Borough as a result thereof. No judgment shall commence or be imposed, levied or payable until the date of the determination of a violation by the Magisterial District Judge. If the defendant neither pays nor timely appeals the judgment, the Borough may enforce the judgment pursuant to the applicable rules of civil procedure. Each day a violation shall continue shall constitute a separate violation unless the Magisterial District Judge determining that there has been a violation further determines that there was a good faith basis for the person, partnership or corporation violating this chapter to have believed that there was no such violation, in which event there shall be deemed to have been only one such violation until the fifth day following the date of the determination of a violation by the Magisterial District Judge; thereafter each day that a violation continues shall constitute a separate violation.
B.
The court of common pleas, upon petition, may grant an order of stay, upon cause shown, tolling the per diem fine pending a final adjudication of the violation and judgment.
C.
When a property owner, partnership or corporation within the Borough of Irwin has violated an ordinance or ordinances, the Borough will send out three notices to notify the property owner, partnership or corporation of the violation(s), and after the third notice the Borough has the authority to hire personnel to rectify the violation at the expense of the property owner, partnership or corporation. Upon being found liable therefor in a civil enforcement proceeding commenced by the Borough, the property owner, partnership or corporation shall pay a judgment that covers any expenses the Borough shall incur plus any court and attorneys' costs the Borough incurs.
§ 260-163 Establishment of Board.
A.
The Zoning Hearing Board shall consist of three residents of the Borough appointed by resolution of the Borough Council. The terms of office shall be three years and shall be so fixed that the term of office of one member shall expire each year. At the adoption of this chapter, Zoning Hearing Board members continue in office pursuant to their current terms. Board members shall hold no other Borough office. Any member of the Board may be removed for cause by Borough Council upon written notice and charges after a public hearing. Vacancies shall be filled for unexpired terms in the same manner as those for original appointments.
B.
The Borough Council may appoint, by resolution, from one to three residents of the Borough to serve as alternate members of the Board for three-year terms. Alternates shall hold no other Borough office. Alternates may participate in any proceeding or discussion of the Board but shall not be entitled to vote or be compensated unless designated by the Chairperson to sit on the Board in order to provide a quorum. Designation of alternates to sit on the Board shall be made case by case in rotation according to declining seniority among all alternates.
§ 260-164 Procedures.
A.
Officers. The Board shall elect from its own membership a Chairperson and Vice Chairperson, who shall serve annual terms as such and may succeed themselves. The Board may make, alter and rescind rules and forms for its procedures consistent with the provisions of the Pennsylvania Municipalities Planning Code, as amended, and this chapter.
B.
Within the limit of funds appropriated by the Borough Council, the Board may employ or contract for secretaries, clerks, legal counsel, consultants and other technical and clerical services. Members of the Board may receive compensation for the performance of their duties as may be fixed by the Borough Council, but in no case shall it exceed the rate of compensation authorized to be paid to the members of the Borough Council.
C.
Public notice. The Board shall keep full public records of its business, which records shall be the property of the municipality, and shall submit a report of its activities to the governing body as requested by the governing body.
D.
Removal of Board members. Any Board member may be removed for malfeasance, misfeasance or nonfeasance in office or for other just cause by a majority vote of the governing body which appointed the member, taken after the member has received 15 days' advance notice of the intent to take such a vote. A hearing shall be held in connection with the vote if the member shall request it in writing.
§ 260-165 Zoning hearings.
B.
In addition to a fee charged with respect to an application for relief to the Zoning Hearing Board, the applicant shall also be solely responsible for all costs and expenses incurred for advertising, posting of the subject property, and for establishing, on a case-by case-basis, a reasonable estimate of anticipated advertising and posting expenses, which shall be collected by the Borough at the time of application to the Zoning Hearing Board. At the conclusions of the hearing, the Borough shall submit to the applicant an invoice itemizing the actual costs incurred for advertising and posting, and the applicant shall either be reimbursed for any overpayment made or pay to the Borough any deficiency for said advertising and posting costs and expenses.
§ 260-166 Jurisdiction.
A.
The Zoning Hearing Board shall have exclusive jurisdiction to hear and render final adjudications in the following matters:
(3)
Challenges to the validity of a land use ordinance raising procedural questions or alleged defects in the process of enactment or adoption, which challenges shall be raised by an appeal taken within 30 days after the effective date of said ordinance. Where the ordinance appealed from is the initial zoning ordinance of the Borough and a Zoning Hearing Board has not been previously established, the appeal raising procedural questions shall be taken directly to court.
(4)
Appeals from the determination of the Zoning Officer, including, but not limited to, the granting or denial of any permit or failure to act on the application therefor, the issuance of any cease and desist order or the registration or refusal to register any nonconforming use, structure or lot.
(5)
Appeals from a determination by the Borough Engineer or the Zoning Officer with reference to the administration of any floodplain or flood hazard ordinance or such provisions within a land use ordinance.
(8)
Appeals from the determination of any officer or agency charged with the administration of any transfers of development rights or performance density provisions of this chapter.
(10)
Appeals from the determination of the Zoning Officer or Borough Engineer in the administration of any land use ordinance or provision thereof with reference to sedimentation and erosion control and stormwater management insofar as the same relate to development not involving applications under Article V or VII of the MPC.
B.
The Borough Council shall have exclusive jurisdiction to hear and render final adjudications in the following matters:
(3)
Applications for conditional use under the express provisions of this chapter.
(6)
Appeals from the determination of the Zoning Officer or the Borough Engineer in the administration of any land use ordinance or provisions thereof with reference to sedimentation and erosion control and stormwater management insofar as the same relate to applications for land development under Articles V and VII of the MPC. Where such determination relates only to development not involving Article V or VII, the appeal from such determination of the Zoning Officer or the Borough Engineer shall be to the Zoning Hearing Board pursuant to this section. Where the applicable land use ordinance vests jurisdiction for final administration of subdivision and land development applications in the Planning Commission, all appeals from determinations under this subsection shall be to the Planning Commission, and all appeals from the decision of the Planning Commission shall be to court.
§ 260-167 Parties appellant before Board.
Appeals raising the substantive validity of any land use ordinance (except those to be brought before the Borough Council pursuant to the Pennsylvania Municipalities Planning Code); procedural questions or alleged defects in the process of enactment or adoption of a land use ordinance; or from the determination of the Zoning Officer, including, but not limited to, the granting or denial of any permit or failure to act on the application therefor, the issuance of any cease and desist order or the registration or refusal to register any nonconforming use, structure or lot; from a determination by the Borough Engineer or the Zoning Officer with reference to the administration of any floodplain or flood hazard ordinance or such provisions within a land use ordinance; from the determination of any officer or agency charged with the administration of any transfers of development rights or performance density provisions of this chapter; from the determination of the Zoning Officer or Borough Engineer in the administration of any land use ordinance or provision thereof with reference to sedimentation and erosion control and stormwater management insofar as the same relate to development not involving subdivision and land development or planned residential development may be filed with the Zoning Hearing Board in writing by the landowner affected, any officer or agency of the Borough, or any person aggrieved. Requests for a variance and for special exception may be filed with the Board by any landowner or any tenant with the permission of such landowner.
§ 260-168 Variances.
The Zoning Hearing Board shall hear requests for variances where it is alleged that the provisions of this chapter inflict unnecessary hardship upon the applicant. The Board may by rule prescribe the form of application and may require preliminary application to the Zoning Officer. The Board may grant a variance, provided that all of the following findings are made, where relevant in a given case:
A.
That there are unique physical circumstances or conditions, including irregularity, narrowness, or shallowness of lot size or shape, or exceptional topographical or other physical conditions peculiar to the particular property, and that the unnecessary hardship is due to such conditions and not the circumstances or conditions generally created by the provisions of this chapter in the neighborhood or district in which the property is located.
B.
That because of such physical circumstances or conditions there is no possibility that the property can be developed in strict conformity with the provisions of this chapter and that the authorization of a variance is therefor necessary to enable the reasonable use of the property.
C.
That such unnecessary hardship has not been created by the applicant.
D.
That the variance, if authorized, will not alter the essential character of the neighborhood or district in which the property is located nor substantially or permanently impair the appropriate use or development of adjacent property nor be detrimental to the public welfare.
E.
That the variance, if authorized, will represent the minimum variance which will afford relief and represent the least modification possible of the regulation in issue.
F.
In granting any variance, the Zoning Hearing Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of this chapter and the MPC.
§ 260-169 Special exceptions.
Where the Borough Council in this chapter has stated special exceptions to be granted or denied by the Zoning Hearing Board pursuant to express standards and criteria contained in Article XVIII of this chapter, the Board shall hear and decide requests for such special exceptions in accordance with such standards and criteria. In granting a special exception, the Board may attach such reasonable conditions and safeguards, in addition to those expressed in this chapter, as it may deem necessary to implement the purposes of this chapter and the Pennsylvania Municipalities Planning Code.
§ 260-170 Effect of Board decision.
A.
A party aggrieved by a decision of the Board may appeal to the Court of Common Pleas within 30 days after the Board's decision.
B.
Nothing contained in this chapter shall be construed to deny to the appellant the right to proceed directly to court, where allowed by other laws.
C.
The Board shall require the Zoning Officer to issue an appropriate permit after reaching a decision on any appeal, challenge, variance request or request for special exception, where such permit was necessarily withheld until the Board's hearing on the case and the decision of the Board would allow the land activity to commence or continue.
§ 260-171 Amendments.
A.
Amendments to this chapter shall become effective only after a public hearing held pursuant to public notice. A brief summary setting forth the principal provisions of the proposed amendment and a reference to the place within the Borough where copies of the proposed amendment may be secured or examined shall be incorporated in the public notice. Unless the proposed amendment shall have been prepared by the Planning Commission, the Borough Council shall submit the amendment to the Planning Commission at least 30 days prior to the hearing on such amendment to provide the Planning Commission an opportunity to submit recommendations. In addition, at least 30 days prior to the public hearing on the amendment, the Borough Council shall submit the proposed amendment to the Westmoreland County planning agency for recommendations.
B.
Within 30 days after adoption, the Borough Council shall forward a certified copy of the amendment to the county planning agency.
C.
Proposed 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 amendment may be examined without charge or obtained for a charge not greater than the cost thereof. The Borough Council shall publish the proposed amendment once in a newspaper of general circulation in the Borough not more than 60 days or less than seven days prior to passage. Publication of the proposed 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:
D.
In the event substantial amendments are made in the proposed amendment before voting upon enactment the Borough Council shall, at least 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 amendments.
§ 260-172 Enactment of Zoning Ordinance amendments.
A.
The Borough Council may from time to time amend, supplement or repeal any of the regulations and provisions of this chapter for the preparation of amendments to zoning ordinances; the procedure set forth in Section 607 of the MPC for the preparation of a proposed zoning ordinance shall be optional.[1]
[1]
Editor's Note: See 53 P.S. § 10607.
B.
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 posted by the municipality at points deemed sufficient by the municipality 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.
C.
In addition to the requirement that notice be posted where the proposed amendment involves a Zoning Map change, notice of the public hearing shall be mailed by the municipality 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 300 feet of the area being rezoned, as evidenced by tax records within the possession of the municipality. 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.
E.
In the case of an amendment other than that prepared by the Planning Commission, the Borough Council shall submit each such amendment to the Planning Commission at least 30 days prior to the hearing on such proposed amendment to provide the planning agency an opportunity to submit recommendations.
F.
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.
G.
If a county planning agency shall have been created for the county in which the municipality proposing the amendment is located, then at least 30 days prior to the public hearing on the amendment by the local governing body the Borough shall submit the proposed amendment to the Westmoreland County Planning Department for recommendations.
H.
Within 30 days after enactment, a copy of the amendment to the zoning ordinance shall be forwarded to the Westmoreland County Planning Department.
§ 260-173 Procedure for landowner curative amendments.
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 be heard and decided as provided in Section 916.1 of the Pennsylvania Municipalities Planning Code.[1] The curative amendment and challenge shall be referred to the Planning Commission and the county planning agency, as provided in Section 609,[2] and notice of the hearing thereon shall be given as provided in Sections 610 and 916.1 of the MPC.[3]
B.
The hearing shall be conducted in accordance with Section 908 of the MPC,[4] and all references therein to the Zoning Hearing Board shall, for purposes of this section be references to the Borough Council. 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 the Zoning Map, but only for those provisions which specifically relate to the landowner's curative amendment and challenge.
[4]
Editor's Note: See 53 P.S. § 10908.
C.
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:
(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 to and affordable by classes of persons otherwise unlawfully excluded by the challenged provisions of this chapter or the Zoning Map.
(3)
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.
(4)
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.
(5)
The impact of the proposal on the preservation of agriculture and other land uses which are essential to public health and welfare.
§ 260-174 Procedure for Borough curative amendments.
If the Borough determines that this chapter or any portion hereof is substantially invalid, it shall take the following actions:
A.
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:
B.
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 Section 609 of the Pennsylvania Municipalities Planning Code, in order to cure the declared invalidity of this chapter.[1]
[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's 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,[3] subsequent to the declaration and proposal based upon the grounds identical or substantially similar to those specified by the resolution required by Subsection A(1). Upon completion of the procedures set forth in Subsections A and B, no rights to a cure pursuant to the provisions of Section 609.1 and 916.1[4] 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.
D.
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.
§ 260-175 Additional procedures for amendment of Zoning Map.
A.
Borough Council may, from time to time, amend the Official Zoning Ordinance Map to rezone portions of the Borough so that the zoning district boundaries, as shown on the Map, are no longer correct.
B.
At such times, the Borough Secretary shall forward the Official Zoning Ordinance Map, together with a copy of the rezoning amendment describing the district boundary changes and any other related materials, to the Borough Engineer.
C.
The Borough Secretary shall forward these materials to the Borough Engineer within one week of the adoption of the rezoning amendment.
D.
The Borough Engineer shall see that the Official Zoning Ordinance Map is properly redrafted or otherwise changed to include the rezoning. He shall also note on the Map the ordinance number of the amending ordinance, the date of adoption of that ordinance, and the date on which he corrected the map. The Borough Engineer shall affix his signature certifying that the changes made are in accordance with the amendment as passed by Council.
E.
All notes on the Official Zoning Ordinance Map of the kind required by Subsection D above which relate to previous rezoning amendments and map changes shall remain on the Map to serve as a reference history tracing past rezonings.
F.
The Borough Engineer shall complete the correcting of the Official Zoning Ordinance Map and return it to the Borough Secretary as quickly as possible.
G.
It shall be deemed a violatiion of this chapter for any person to alter or attempt to alter the Official Zoning Ordinance Map except by the procedures set forth in this Part.