New Wilmington City Zoning Code
ARTICLE VII
Amendments
§ 275-41 Introduction or consideration.
The Borough Council may introduce and/or consider amendments to this chapter and to the Zoning Map as proposed by a member of the Borough Council, the Planning Commission or by a petition of a person or persons residing or owning property within the Borough.
§ 275-42 Petitions.
Petitions for amendments shall be filed with the Planning Commission. The petitioners, upon such filing, shall pay an advertising deposit and a filing fee, in accordance with a schedule affixed by resolution of the Borough Council. The Planning Commission shall review the proposed amendment and report its findings and recommendations in writing to the Council.
§ 275-43 Referral to Planning Commission.
Any proposed amendment presented to the Borough Council without written findings and recommendations from the New Wilmington Borough Planning Commission and Lawrence County Planning Commission shall be referred to these agencies for review prior to public hearing by the Borough Council. A thirty-day review period shall be allowed before the Borough Council holds a public hearing on the proposed amendment.
§ 275-44 Public hearing; notice.
[Amended 2-5-1996 by Ord. No. 420]
A.
Before acting upon a proposed amendment, the Borough Council shall hold a public hearing thereon. Notice of such public hearing, containing a brief summary of the proposed amendment and reference to the place where copies of the same may be examined, shall be published in accordance with the requirements of the Pennsylvania Municipalities Planning Code (Act 247 of 1968) as the same may be amended from time to time. If any proposed amendment involves a Zoning Map change, notice of the public hearing shall be conspicuously posted by the Borough at points deemed sufficient by the Borough along the tract(s) to notify potentially interested citizens. The affected tract or area shall be posted at least one week prior to the date of the hearing.
B.
In addition to the requirements that notice be posted, 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 to be 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.
[Added 10-4-2004 by Ord. No. 476]
§ 275-45 Curative amendments.
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 the landowner has an interest may submit a curative amendment to the Borough Council, with a written request that this challenge and proposed amendment be heard and decided as provided in Sections 609.1 and 1004 of the Pennsylvania Municipalities Planning Code (Act 247), as amended. [1] As with other proposed amendments, the curative amendment shall be referred to the New Wilmington Borough Planning Commission and the Lawrence County Planning Commission at least 30 days before the hearing is conducted by the Borough Council, as provided in Sections 610 and 1004 of the Pennsylvania Municipalities Planning Code, as amended. [2] The hearing shall be conducted in accordance with Subsections (4) to (8) of Section 908 of Act 247. [3]
[1]
Editor's Note: See 53 P.S. § 10609.1. 53 P.S. § 11004 was repealed 12-21-1988, P.L. 1329, No. 170, § 100; see now 53 P.S. § 10916.1.
[2]
Editor's Note: See 53 P.S. § 10610. 53 P.S. § 11004 was repealed 12-21-1988, P.L. 1329, No. 170, § 100; see now 53 P.S. § 10916.1.
[3]
Editor's Note: See 53 P.S. 10908(4) through (8).