Old Forge City Zoning Code
ARTICLE XII
Amendments
§ 350-70 Authority of Council.
Whenever the public necessity, convenience, general good or good zoning practice require, the Council, by ordinance, may, after receipt of recommendation thereon from the Planning Commission and subject to procedures provided by law, amend, supplement, change or repeal the regulations, district boundaries or classifications of property now or hereafter established by this chapter or amendments thereof.
§ 350-71 Requests by landowners.
A.
Requests for changes in this chapter may be made by owners of land in the Borough or by their authorized agents.
(1)
Applications. All applications for amendments shall be made in writing by the owner or authorized agent and shall be filed with the Zoning Officer on forms prescribed by him/her. Applications shall contain all information necessary to assure the fullest practicable presentation of facts for the record and shall contain the following:
(a)
The applicant's name and address and that of his representative, and the interest of every person represented in the application;
(b)
The verification by at least one of the owners of property to be reclassified, if this be the nature of the request, attesting to the truth and correctness of facts and information presented with the application;
(c)
A plan showing the extent of the area to be rezoned, if this be the nature of the request, and showing the streets bounding and intersecting the area, and the use and zone classification of abutting districts; and
(d)
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.
B.
The Zoning Officer shall check the application to determine whether it conforms with the requirements listed above and, if satisfactory, shall immediately submit it to the Borough Council.
§ 350-72 Requests by Planning Commission.
§ 350-73 Procedures of Borough Council.
Borough Council shall follow the procedures below for amending this chapter:
A.
Preparation of amendments. The Borough Council may request the Planning Commission to prepare amendments to this chapter using the same procedure as set forth in the Pennsylvania Municipalities Planning Code (Act 247, as amended) for the preparation of this chapter itself, as described in § 350-74 below.
B.
Referral to the Planning Commission. 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 public hearing on such proposed amendment to provide the Planning Commission an opportunity to submit recommendations. However, the Borough Council shall not be bound by the recommendations of the Planning Commission.
C.
Referral to County Planning Commission. The Borough Council shall submit the proposed amendments to the County Planning Commission for its review and recommendations 30 days prior to the public hearing on the amendment by the Borough Council. However, the Borough Council shall not be bound by the recommendations of the County Planning Commission.
D.
Public hearing. Before voting on the enactment of an amendment, the Borough Council shall hold a public hearing thereon, pursuant to public notice, which notice shall be given in the manner prescribed in § 350-77 below.
E.
Revision of amendment. If, after the public hearing held upon the 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, which notice shall be given in the manner prescribed in § 350-77 below, before proceeding to vote on the amendment.
G.
Voting on amendment. The Borough Council shall consider the recommendations of the Borough Planning Commission, the County Planning Commission and testimony presented at the public hearing before voting on the proposed amendment at a public meeting.
H.
Notice of decision. The applicant and others requesting notice of the decision of the Borough Council shall receive such notice through the Zoning Officer.
I.
Filing copy of amendment with county. Within 30 days after enactment, a copy of the amendment to this chapter shall be forwarded to the County Planning Commission.
§ 350-74 Procedures of Planning Commission.
The Planning Commission shall follow the procedures set forth below for amending this chapter:
A.
Preparation of amendments. At the request of the Borough Council or on its own initiative, the Planning Commission:
(1)
Shall prepare the text and map of the proposed zoning amendments as well as make all necessary studies and surveys preliminary thereto;
(2)
May hold a public meeting pursuant to public notice and may hold additional public meetings upon such notice as it shall determine to be advisable; and
(3)
Shall present to the Borough Council the proposed zoning amendment, together with recommendations and explanatory materials, upon the completion of its work.
B.
Review amendments. In the case of an amendment other than that prepared by the Planning Commission, the Commission shall review each such amendment submitted to it by the Borough Council. It shall consider whether or not such proposed amendment reflects, in the view of the Commission, the policy goals of the Borough as found in the statement of community development objectives and the Comprehensive Plan upon which this chapter is based. The Commission shall submit its recommendations on the amendment to the Borough Council prior to the public hearing scheduled on the amendment by the Borough Council.
§ 350-75 Procedures for landowner curative amendments.
A landowner shall follow the procedures below for challenging the validity of this chapter text or map:
A.
Submission of curative amendment and request for hearing. A landowner who desires to challenge on substantive grounds the validity of this chapter or map or any provision thereof which prohibits or restricts the use or development of land in which he/she 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 for in Article X, § 350-61, Validity; substantive questions.
C.
Referral to the Planning Commission. The curative amendment and challenge shall be referred to the Planning Commission as provided for in § 350-74B above.
D.
Referral to County Planning Commission. The curative amendment and challenge shall be referred to the County Planning Commission as provided for in § 350-73C above.
F.
Hearing procedures. The public hearing shall be conducted in accordance with § 350-51, Hearings, and all references therein to the Zoning Hearing Board shall, for the purposes of curative amendments, be references to the Borough Council.
G.
Consideration for evaluating curative amendments. The Borough Council shall consider the curative amendment, 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 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, woodlands, wetlands, floodplains, natural resources and natural features, the degree to which these are protected or destroyed, the tolerance of the resource to development and any adverse environmental impacts; and
(5)
The impact of the proposal on the preservation of agriculture and other land uses which are essential to public health and welfare.
H.
Rejection of curative amendment. If the Borough Council does not accept a landowner's curative amendment brought in accordance with this section and a court subsequently rules that the challenge has merit, the court's decision shall not result in a declaration of invalidity for the entire Zoning Chapter and Map, but only for those provisions which specifically relate to the landowners curative amendment and challenge.
I.
Approval of curative amendment or alternative. If the Borough Council determines that the validity challenge has merit, it may accept a landowner's curative amendment, with or without revision, or may adopt an alternative amendment which will cure the challenged defect.
§ 350-76 Procedures upon municipal curative amendments.
If the Borough Council determines that this chapter or any portion thereof is substantially invalid, it shall take the following actions:
A.
Declaration of invalidity and proposal for curative amendment. The Borough Council, by formal action, shall declare this chapter or portions thereof substantially invalid and propose to prepare a curative amendment to overcome such invalidity. Within 30 days following such declaration and proposal, the Borough Council shall:
B.
Time limit for enactment of curative amendment. Within 180 days from the date of the declaration and proposal, the Borough Council shall enact a curative amendment to validate, or reaffirm the validity of, this chapter pursuant to the provisions required by § 350-73, in order to cure the declared invalidity of this chapter.
C.
Similar landowner's curative amendment need not be considered.
(1)
Upon the initiation of the procedures as set forth in § 350-76A(1) above, the Borough Council shall not be required to entertain or consider any landowners curative amendment under § 350-75, nor shall the Zoning Hearing Board be required to give a report requested under Article X, § 350-53A or § 350-61, subsequent to the declaration and proposal if the municipal curative amendment is based upon the grounds identical to or substantially similar to those specified in the resolution required by § 350-76A(1).
(2)
Furthermore, upon completion of the procedures as set forth in § 350-76A and B above, no rights to a cure pursuant to the provisions of §§ 350-75 and 350-61 shall, from the date of the declaration and proposal, accrue to any landowner on the basis of the substantive invalidity of the unamended chapter for which there has been a curative amendment pursuant to this section.
D.
Frequency of use of municipal curative amendment. The Borough Council, having utilized the procedures as set forth in § 350-76A and B above, may not again utilize said procedure for a thirty-six-month period following the date of the enactment of a curative amendment, or a reaffirmation of the validity of this chapter, pursuant to § 350-76B; provided, however, that if after the date of declaration and proposal there is a substantially new duty or obligation 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 prepare a curative amendment to its chapter to fulfill said duty or obligation.
§ 350-77 Public notice and hearing.
Before voting on the enactment of an amendment to this chapter, the Borough Council shall hold a public hearing for the purpose of informing the public and obtaining public comment on the proposed amendment. The public hearing shall be held pursuant to public notice as follows:
A.
Description of amendment. Public notices of a proposed Zoning Chapter amendment shall include either the full text thereof or the title and a brief summary prepared by the Borough Solicitor setting forth all the provisions in reasonable detail. If the full text is not included:
(1)
A copy thereof shall be supplied to a newspaper of general circulation in the Borough at the time the public notice is published;
(2)
A copy thereof shall be filed in the County Law Library; and
(3)
A public notice shall include a reference to the place within the Borough where copies of the proposed Zoning Chapter amendment may be examined without charge or obtained for a charge not greater than the cost thereof.
B.
Public notice. A public notice of a proposed Zoning Chapter amendment shall be published once each week for two successive weeks, in a newspaper of general circulation in the Borough. 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.
C.
Posting of property. In addition, if the proposed amendment involves a Zoning Map[1] change, notice of said public hearing shall be conspicuously posted by the Borough along the perimeter of the tract not more than every 100 feet apart and at least one week prior to the date of the hearing to notify potentially interested citizens.
[1]
Editor's Note: The Zoning Map is on file in the Borough offices.
§ 350-78 Publication, advertisement and availability of ordinances.
A.
Notice of proposed enactment.
(1)
Proposed Zoning Chapter 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 and a reference to the place within the Borough where copies of the proposed Zoning Chapter amendment may be examined without charge or obtained for a charge not greater than the cost thereof.
(2)
Borough Council shall publish the proposed Zoning Chapter amendment once in a newspaper of general circulation in the Borough not more than 60 days nor less than seven days prior to passage.
(3)
Publication of the proposed Zoning Chapter 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:
(a)
A copy thereof shall be supplied to a newspaper of general circulation in the Borough at the time the public notice is published; and
(b)
An attested copy of the proposed Zoning Chapter amendment shall be filed in the County Law Library or other county office designated by the County Commissioners, who may impose a fee no greater than that necessary to cover the actual costs of storing said ordinances.
B.
Notice of revision of amendment. In the event substantial amendments are made in the proposed Zoning Chapter 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 of the revised amendment setting forth all the provisions in reasonable detail, together with a summary of the amendment.
C.
Incorporation into official ordinance books. This chapter and any amendments may be incorporated into official ordinance books by reference with the same force and effect as if duly recorded therein.