1.   The Borough Council may, from time to time, amend, supplement or repeal any of the regulations and provisions of this Chapter. The procedure for the preparation of a proposed zoning ordinance as set forth in §607 of the Pennsylvania Municipalities Planning Code, 53 P.S. §10607, is hereby declared optional.

   2.   Before voting on the enactment of an amendment, the Borough Council 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 Borough at points deemed sufficient by the Borough along the perimeter of the tract to notify potentially interested citizens. The affected tract or area shall be posted at least one (1) week prior to the date of the hearing.

   3.   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 thirty (30) days prior to the hearing on such proposed amendment to provide the Planning Commission an opportunity to submit recommendations.

   4.   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, before proceeding to vote on the amendment.

   5.   At least thirty (30) days prior to the public hearing on the amendment by the Borough Council, the Borough shall submit the proposed amendment to the County planning agency for recommendations.

   6.   Within thirty (30) days after enactment, a copy of the amendment to this Chapter shall be forwarded to the County planning agency.

(Ord. 87-8, 12/10/1987; as amended by Ord. 97-3A, 3/3/1997)

   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. 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, the use and zone classification of abutting districts, and the names and addresses of property owners of land within two hundred (200) feet of the area;

      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. 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 Planning Commission who shall follow the procedures enumerated in § 1205.

(Ord. 87-8, 12/10/1987)

   Amendments to the Zoning Chapter text or map may be initiated by the Planning Commission by motion recommending adoption according to procedures enumerated in §1205, below, and be submitted to the Borough Council, who shall follow the procedures enumerated in §1204, below. (Ord. 87-8, 12/10/1987)

   The Borough Council shall follow the procedures below for amending the Zoning Chapter:

   1.   Preparation of Amendments. The Borough Council may request the Planning Commission to prepare amendments to the Zoning Chapter using the same procedure as set forth in the Pennsylvania Municipalities Planning Code (Act 247 as amended) for the preparation of the Zoning Chapter itself, as described in §1205, below.

   2.   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 thirty (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.

   3.   Public Hearing. After receiving requests for amending the Zoning Chapter and after receiving the recommendations of the Planning Commission, the Borough Council shall hold a public hearing thereon and cause notice thereof to be given in the manner prescribed in §1208, below.

   4.   Revision of Amendment. If, after the public hearing held upon the amendment, the proposed amendment is revised or further revised to include land previously not affected by it, the Borough Council shall hold another public hearing in the manner prescribed in §1208, below, before proceeding to vote on the amendment.

   5.   Voting on Amendment. The Borough Council shall consider the recommendations of the Planning Commission and testimony presented at the public hearing and then vote on the proposed amendment to the text or map of the Zoning Chapter.

   6.   Notice of Decision. The applicant and others so requesting shall receive notice of the decision of the Borough Council through the Zoning Officer.

(Ord. 87-8, 12/10/1987)

   The Planning Commission shall follow the procedures set forth below for amending the Zoning Chapter:

   1.   Preparation of Amendments. At the request of the Borough Council or on its own initiative the Planning Commission:

      A.   Shall prepare the text and map of the proposed zoning amendments as well as make all necessary studies and surveys preliminary thereto;

      B.   May hold a public hearing pursuant to public notice and hold additional public hearings upon such notice as it shall determine to be advisable; and

      C.   Shall present to the Borough Council the proposed zoning amendment, together with recommendations and explanatory materials, upon the completion of its work.

   2.   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 would be, in the view of the Commission, consistent with and desirable in the furtherance of the Comprehensive Plan upon which the Zoning Chapter is based. The Commission shall submit its recommendations on the amendment to the Borough Council prior to the public hearing scheduled by the Borough Council.

   3.   Referral to the County Planning Commission. The Borough Planning Commission shall also be responsible for submitting the proposed amendment to the Snyder County Planning Commission for their review and recommendations thirty (30) days prior to the public hearing on the amendment by the Borough Council.

(Ord. 87-8, 12/10/1987)

   1.   A landowner who desires to challenge on substantive grounds the validity of this Chapter or the zoning map or any provision thereof, which prohibits 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 § 916.1 of the Pennsylvania Municipalities Planning Code (hereinafter "MPC"), 53 P.S. §10916.1. The curative amendment and challenge shall be referred to the Planning Commission and the County planning agency as provided in §609 and notice of the hearing thereon shall be given as provided in §§610 and 916.1 of the MPC, 53 P.S. §510609, 10610 and 10916.1.

   2.   The hearing shall be conducted in accordance with §908 of the MPC, 53 P.S. §10908, and all references therein to the zoning hearing board shall, for purposes of this Section, be references to the Borough Council. If the Borough does not accept a landowner's curative amendment brought in accordance with this subsection and a court subsequently rules that the challenge has merit, the court's decision shall not result in a declaration of invalidity for the this entire Chapter and zoning map, but only for those provisions which specifically relate to the landowner's curative amendment and challenge.

   3.   The Borough Council, if it determines that a validity challenge has merit, may accept a landowner's curative amendment, with or without revision, or may adopt an alternative amendment which will cure the challenged defects. The Borough. Council shall consider the curative amendments, plans and explanatory material submitted by the landowner and shall also consider:

      A.   The impact of the proposal upon roads, sewer facilities, water supplies, schools and other public service facilities.

      B.   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 zoning map.

      C.   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.

      D.   The impact of the proposed use on the site's soils, slopes, woodland, wetlands, floodplains, natural resources and natural features, the degree to which these are protected or destroyed, the tolerance of the resources to development and any adverse environmental impacts.

      E.   The impact of the proposal on the preservation of agriculture and other land uses which are essential to public health and welfare.

(Ord. 87-8, 12/10/1987; as amended by Ord. 97-3A, 3/3/1997)

   1.   If the Borough determines that this Chapter, or any portion hereof, is substantially invalid, it shall take the following actions:

      A.   The Borough shall declare by formal action, this Chapter or portion hereof substantially invalid and propose to prepare a curative amendment to overcome such invalidity. Within thirty (30) days of such declaration and proposal, the Borough Council shall:

         (1)   By resolution make specific findings setting forth the declared invalidity of this Chapter, which may include:

            (a)   References to specific uses which are either not permitted or not permitted in sufficient quantity.

            (b)   Reference to a class of use or uses which requires revision.

            (c)   Reference to this entire Chapter which requires revisions.

         (2)   Begin to prepare and consider a curative amendment to this Chapter to correct the declared invalidity.

   2.   Within one hundred eighty (180) days from the date of the declaration and proposal, the Borough shall enact a curative amendment to validate or reaffirm the validity of this Chapter pursuant to the provisions of §609 of the Pennsylvania Municipalities Planning Code (hereinafter "MPC"), 53 P.S. §10609, in order to cure the declared invalidity of this Chapter.

   3.   Upon the initiation of the procedures as set forth in subsection (1)(A), above, the Borough Council shall not be required to entertain or consider any landowner's curative amendment filed under §609.1 of the MPC, 53 P.S. §10609.1, nor shall the Zoning Hearing Board be required to give a report requested under §§909.1 or 916.1 of the MPC, 53 P.S. §§10909.1, 10916.1, subsequent to the declaration and proposal based upon the grounds identical or substantially similar to those specified by the resolution required by subsection (1)(A). Upon completion of the procedures set forth in subsections (A)(1) and (A)(2), no rights to a cure pursuant to the provisions of §§609.1 and 916.1 of the MPC, 53 P.S. §§10609.1, 10916.1 shall, from the date of the declaration and proposal, accrue to any landowner on the basis of the substantive invalidity of this Chapter for which there has been a curative amendment pursuant to this Section.

   4.   The Borough, having utilized the procedures set forth in this Section, may not again utilize said procedure for a period of thirty-six (36) months following the date of enactment of a curative amendment or reaffirmation of the validity of this Chapter; provided, however, if after the date of declaration and proposal there is a substantially new duty 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 propose a curative amendment to this Chapter to fulfill said duty or obligation.

(Ord. 87-8, 12/10/1987; as amended by Ord. 97-3A, 3/3/1997)

   Before voting on the enactment of an amendment the Borough Council shall hold a public hearing thereon pursuant to public notice as follows:

   1.   Public notices of proposed zoning ordinances and amendments shall include either the full text thereof, or a brief summary setting forth the principal provisions in reasonable detail, and a reference to a place within the Borough where copies of the proposed ordinance or amendment may be examined, in addition to the time and place of hearing; and

   2.   A public notice of a proposed zoning ordinance or amendment shall be published once each week for two (2) successive weeks, the first notice to appear not less than fourteen (14) days nor more than thirty (30) days before the date fixed for the hearing, in a newspaper of general circulation in the Borough.

(Ord. 87-8, 12/10/1987)

   After enactment, if the advertisement of a zoning ordinance or amendment is required by other laws respecting the advertisement of ordinances, such advertisement shall consist solely of a reference to the place or places within the Borough where copies of such ordinance or amendment shall be obtainable for a charge not greater than he cost thereof and available for examination without charge. The Zoning Chapter and amendments may be incorporated into official ordinance books by reference with the same force and effect as if duly recorded therein.

(Ord. 87-8, 12/10/1987)

   In their interpretation and application, the provisions of this Chapter shall be held to be minimum requirements, adopted for the promotion of the public health, safety, morals or general welfare. Whenever the requirements of this Chapter are at variance with the requirements of any other lawfully adopted rules, regulations, ordinances, deed restrictions or covenants, the most restrictive or imposing the highest standards shall govern.

(Ord. 87-8, 12/10/1987; as amended by Ord. 97-3A, 3/3/1997)