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Newtown City Zoning Code

ARTICLE XI

Amendments and Appeals

§ 550-69 Power of amendment.

A. 
The Borough Council may from time to time amend this chapter, including the Zoning Map.
B. 
Proposals for amendment, supplement, change, or modification or repeal may be initiated by the Borough Council on its own motion, the Borough Planning Commission, or by petition by one or more owners of property to be affected by the proposed amendment. Any proposed amendment favorably acted upon shall be specifically found to be in accordance with the spirit and intent of the Borough community development objectives and the Borough Comprehensive Plan.

§ 550-70 Public hearings prior to amendment.

[Amended 11-10-2020 by Ord. No. 773]
A. 
Before voting on the enactment of any amendment, the Borough Council shall hold a public hearing pursuant to public notice and pursuant to mailed notice and electronic notice if applicable per 53 P.S. § 10109. Public notice shall be notice published once for two consecutive weeks in a newspaper of general circulation in the Borough. Such notice shall state the time and place of hearing, the particular nature of the matter to be considered at the hearing and the full text of the amendment or a brief summary setting forth the general provisions in reasonable detail. The first publication shall be no more than 30 days and the second publication not less than seven days from the date of the hearing. Procedures relating to the publication, advertisement, and availability of proposed amendments shall be in accordance with Section 610 of the Act, as amended.[1] If the proposed amendment involves a Zoning Map change, notice of the public hearing shall be conspicuously posted by the Borough at points deemed sufficient to the Borough along the perimeter of 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. In addition to the requirement that notice be posted as required 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 municipality. The notice shall include the location, date and time of the public hearing. Good faith effort and substantial compliance shall satisfy the requirements of this subsection. All notification requirements of the Act shall be met.
[1]
Editor's Note: See 53 P.S. § 10610.
B. 
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, and mailed notice and electronic notice, if applicable, before proceeding to vote on the amendment. In the event substantial amendments are made in the proposed ordinance or 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.

§ 550-71 Submission to Borough Planning Commission and Bucks County Planning Commission.

A. 
In case of an amendment other than one prepared by the Borough Planning Commission, the Borough Council shall submit each such amendment to the Borough Planning Commission at least 30 days prior to the hearing in order to provide the Planning Commission an opportunity to submit recommendations. At least 30 days prior to the hearing on the proposed amendment the Borough shall submit the proposed amendment to the Bucks County Planning Commission for recommendations.
B. 
Within 30 days after enactment, a copy of the adopted amendment to this chapter shall be forwarded to the Bucks County Planning Commission.

§ 550-72 Proposals by curative amendments.

A. 
A landowner who desires to challenge on substantive grounds the validity of a zoning 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 Section 916.1 of the Act, as amended.[1] The Borough Council shall commence a hearing thereon within 60 days of the request as provided in Section 916.1 of the Act, as amended. The curative amendment and challenge shall be referred to the Borough Planning Commission, and notice of the hearing thereon shall be given as provided by the Act, as amended.
[1]
Editor's Note: See 53 P.S. § 10916.1.
B. 
Procedures for the public hearing as set forth on Section 609.1 of the Act, as amended,[2] shall be followed.
[2]
Editor's Note: See 53 P.S. § 10609.1.
C. 
If the Borough determines that this chapter or any portion thereof is substantially invalid, it shall follow the procedures as set forth in Section 609.2 of the Act, as amended.[3]
[3]
Editor's Note: See 53 P.S. § 10609.2.

§ 550-73 Private petition for amendment.

Every application for amendment to this chapter shall first be presented to the Borough with the fee as set forth by the Borough Council by resolution, and shall set forth the following, where relevant:
A. 
The applicant's name and address and his representative and the interest of every person represented in the application.
B. 
A plan showing the extent of the area to be rezoned, streets bounding and intersecting the area, land use and zoning classification of abutting districts, and tax parcel numbers of the areas to be rezoned.
C. 
A statement of the circumstances in the proposed district and the abutting districts and any other factors on which the applicant relies as reasons for supporting the proposed rezoning.
D. 
Information and analysis of traffic and other impacts that may be needed by the Borough to evaluate the proposed amendment. The Borough may require any other studies or impact assessments it deems necessary in order to evaluate the proposed zoning change.
E. 
The proposed changes to the text of this chapter.

§ 550-74 Appeals to Court.

The procedures set forth in Article X-A of the Act,[1] as amended, shall constitute the exclusive mode for securing review of any decision rendered pursuant to this chapter or deemed to have been made under this chapter.
[1]
Editor's Note: See 53 P.S. § 11001-A et seq.