Prospect Park City Zoning Code
ARTICLE XVII
Amendments
§ 70-96 Power of amendment.
A.
The Borough Council may from time to time amend, supplement, change, modify or repeal this chapter, including the Zoning Map and Flood Hazard District Map[1] in accordance with the procedures established by the Municipalities Planning Code[2] and in accordance with the procedure hereinafter set forth.
B.
Proposals for amendment or change may be initiated by petition of one or more owners of property to be affected by the proposed amendment.
§ 70-97 Amendment procedure.
A.
Amendments to this chapter, other than that prepared by the Borough Planning Commission, shall be submitted to the Borough Planning Commission and the Delaware County Planning Commission at least 30 days prior to the hearing on such proposed amendment for review and recommendation.
B.
Within 30 days after enactment of an amendment to this chapter, the amendment shall be submitted to the County Planning Commission.
C.
Amendments initiated by petition of one or more property owners shall be subject to the following provisions.
(1)
Every such proposed amendment or change shall be submitted in writing and with accompanying maps, plans, tables, charts and the like to the Borough Council, which shall refer every proposal to the Borough Planning Commission for recommendation. In the event that the Borough Planning Commission recommends said amendment, amendment procedures as set forth in the Municipalities Planning Code[1] shall be followed.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
(2)
Each proposed amendment shall be subject to the following conditions:
(a)
The proposed use is consistent with the purpose of the Article whereby it is permitted, the overall purpose of the zoning as contained in Article I, Title and Purpose, and all other applicable provisions of this chapter.
(b)
The proposed use will satisfy all of the relevant provisions and requirements of the Prospect Park Borough Subdivision and Land Development Ordinance and any applicable codes, ordinances and/or regulations.
(c)
The proposed use and its location are consistent with the Comprehensive Plan.
(d)
There is a demonstrated need for the proposed use and that it will contribute to the maintenance of the health, safety, morals and general welfare of the Borough.
(e)
The proposed use is consistent with the nature of the uses existing on any immediately adjacent properties, and it will not detract from or cause harm to neighboring properties and will be maintained in a manner in keeping with the character of the neighborhood.
(f)
The proposed use is consistent with the logical extension of public services and will not measurably affect the public services and utilities of the surrounding properties.
(g)
If the use is one which traditionally adheres to some unique location criteria, the site for which the use is proposed is not one which obviates such criteria.
(h)
Any proposed construction will be consistent with good design principles and sound engineering and land development practices and is in keeping with the character of any existing construction within the neighborhood.
(i)
The proposed use will provide safe and adequate access to roads and public services (existing or proposed) and will not result in excessive traffic volumes or will make any improvements needed to guarantee compatibility with adjacent roads and public services.
(j)
The proposed use has provided for adequate sanitation.