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North Wales City Zoning Code

ARTICLE XXIII

Amendments

§ 208-127 Amendment by governing body and applicability of amendments.

A. 
The Borough Council of North Wales Borough may, from time to time, amend, supplement, change, modify or appeal this chapter, including the Zoning Map, by proceeding in the manner set forth in this article.
B. 
When an application for either a special exception or a conditional use has been filed with either the Zoning Hearing Board or governing body, as relevant, and the subject matter of such application would ultimately constitute either a land development or a subdivision as defined in § 208-8, no change or amendment of this chapter, or the Subdivision or other governing ordinance or plans shall affect the decision on such application adversely to the applicant, and the applicant shall be entitled to a decision in accordance with the provisions of the governing ordinances or plans as they stood at the time the application was duly filed; provided, further, that should such an application be approved by either the Zoning Hearing Board or governing body, as relevant, applicant shall be entitled to proceed with the submission of either land development or subdivision plans within a period of six months or longer or as may be approved by either the Zoning Hearing Board or the governing body following the date of such approval in accordance with the provisions of the governing ordinances or plans as they stood at the time the application was duly filed before either the Zoning Hearing Board or governing body, as relevant. If either a land development or subdivision plan is so filed within said period, such plan shall be subject to the provisions of Section 508(1) through (4) of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10508(1) through (4), and specifically to the time limitations of Section 508(4), 53 P.S. § 10508(4), which shall commence as of the date of filing such land development or subdivision plan.

§ 208-128 Amendment procedure.

The Borough Council, by resolution adopted at a regular or special meeting, shall fix the time and place of a public hearing on the proposed amendment and cause public notice thereof to be given as follows:
A. 
Publication and mailing.
(1) 
A notice published once each week for two successive weeks in a newspaper of general circulation in the municipality. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing. The first publication shall not be more than 30 days and the second publication shall not be less than seven days from the date of the hearing.
(2) 
By mailing a notice to all property owners within 250 feet if only a particular area is involved.
(3) 
Before voting on the enactment of an amendment, the governing body 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 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.
(4) 
The notice shall state the general nature of the proposed amendment and that full opportunity to be heard will be given to any citizen and all parties in interest attending such hearing.

§ 208-129 Application for amendment by citizens.

Every application for amendment of this chapter shall first be presented to the Zoning Officer, and shall contain the following:
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, street, bounding and intersecting the area, the land use and zone classification of abutting districts, and photographs of the area to be rezoned and abutting areas.
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. 
The approximate time schedule for the beginning and completion of development in the area.
E. 
A site plan to scale, indicating the locations of structures, uses, areas for off-street parking and loading.
F. 
Information about the market area to be served by the proposed development if a commercial use, including population, effective demand for proposed business facilities, and any other information describing the relationship of the proposed development to the needs of the market area as the Zoning Officer, Planning Commission or governing body shall prescribe.

§ 208-130 Application for amendment by citizen groups.

Whenever the owners of 50% or more of the property owners within any district or of the property owners of property fronting on the same street or streets or abutting on the property sought to be changed, and situate within 250 feet of the property sought to be changed, shall present to the Borough Council a petition duly signed and acknowledged, requesting an amendment, supplement, change, modification or repeal of the regulations prescribed, or of the Zoning Map, including such district, it shall be the duty of the Borough Council to hold a public hearing thereon and cause notice thereof to be given in the manner prescribed in § 208-129 herein.

§ 208-131 Referral to Borough Planning Commission.

All proposed amendments before adoption shall be referred to the Borough Planning Commission for recommendations and an advisory report.

§ 208-132 Citizens protest.

In case of a protest against such amendment, change, modification or repeal, signed by the owners of 20% or more either of the area or the lots included in such proposed changes or of those immediately adjacent in the rear thereof extending 100 feet therefrom, or of those directly opposite thereto, extending 100 feet from the street frontage of such opposite lots, such amendment, supplement, change or modification shall not become effective except by the favorable vote of 2/3 of all the members of the governing body.

§ 208-133 Charges.

A. 
Charges, payable in advance, as shall be determined from time to time by Borough Council shall be made for the following applications:
(1) 
For each application made to the Borough Council of North Wales Borough for a change or amendment of the Zoning Map or for a change or amendment of this chapter or any part thereof wherein the application concerns property zoned residential.
(2) 
For all other applications made to the Borough Council of North Wales Borough for a change or amendment of the Zoning Map or for a change or amendment of this chapter or any part thereof.
B. 
In addition to the foregoing, each application shall be accompanied by the required amount representing the costs of publishing the required notices. In the event that the cost of publishing the required notices is less than the amount paid, the balance shall be remitted to the applicant. In the event that the cost of publishing the required notices exceeds the amount paid by the applicant, the applicant shall pay the balance thereof before the public hearing as set forth in the published notice. Furthermore, every applicant shall be responsible for all additional costs incidental to such application, including engineering and stenographic fees as vouchered to the Borough.

§ 208-134 Referral to County Planning Commission.

At least 30 days' prior to the public hearing on a zoning amendment by Borough Council, the Borough shall submit the proposed amendment to the County Planning Commission for recommendations.