Towanda City Zoning Code
ARTICLE X
Amendments
§ 325-75 General procedure.
Before voting on the enactment of an amendment, the governing body shall hold a public hearing thereon, pursuant to public notice. In the case of an amendment other than that prepared by the Planning Commission, the governing body shall submit each such amendment to the Planning Commission at least 30 days prior to the hearing on such proposed amendment to provide the Planning Commission an opportunity to submit recommendations. If, after any public hearing held upon an amendment, the proposed amendment is revised or further revised to include land previously not affected by it, the governing body shall hold another public hearing, pursuant to public notice, before proceeding to vote on the amendment. At least 30 days prior to the hearing on the ordinance by the local governing body, the Borough planning agency shall submit the proposed ordinance to the Bradford County Planning Agency for recommendations.
A.
Citizen requests for amendment to text or map. Requests for changes in the Zoning Ordinance may be made by owners or tenants of land in the Borough or by their authorized agents.
(1)
Applications.
(a)
All applications for amendments shall be made in writing by the owner or tenants 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:
[1]
The applicant's name and address and that of his representative, and the interest of every person represented in the application.
[2]
The verification by at least one of the owners or lessees of property to be reclassified, if this be the nature of the request, attesting to the truth and correctness of all facts and information presented with the application.
[3]
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 land use and zone classification of abutting districts and the names and addresses of property owners within 200 feet of the area.
[4]
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.
[5]
The approximate time schedule for the beginning and completion of development in the area.
[6]
A site plan drawn to scale indicating the locations of structures, uses, areas for off-street parking and loading.
[7]
Information about the market area to be served by the proposed development, if it is to be commercial use.
(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, who shall follow the procedures enumerated in this section.
B.
Planning Commission requests for amendment to text. Amendments to the Zoning Ordinance text or map may be initiated by the Planning Commission by resolution recommending adoption according to procedures set forth herein and be submitted to the Borough Council, who shall follow the procedures enumerated in this section.
(1)
Preparation of amendments. At the request of the Borough Council or on its own initiative, the Planning Commission shall:
(a)
Prepare the text and map of the proposed zoning amendment as well as make all necessary studies and surveys preliminary thereto;
(b)
Hold at least one public hearing pursuant to public notice and hold additional public hearings upon such notice as it shall determine to be advisable; and
(c)
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 Ordinance 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 County Planning Commission. The Towanda Borough Planning Commission shall also be responsible for submitting the proposed amendment to the Bradford County Planning Commission for their review and recommendations 30 days prior to the hearing on the amendment by the Borough Council.
§ 325-76 Procedure for landowner curative amendments.
A landowner who desires to challenge on substantive grounds the validity of an ordinance or map or any provision thereof which prohibits or restricts the use or development of land in which he has an interest may submit a curative amendment to the governing body with a written request that his challenge and proposed amendment be heard and decided as provided in Section 1004 of Act 247, as amended.[1] The governing body shall commence a hearing thereon within 60 days of the request as provided in Section 1004 of Act 247, as amended. The curative amendment shall be referred to the planning agency or agencies as provided in Section 609 of Act 247, as amended, and notice of the hearing thereon shall be given as provided in Section 610 of Act 247, as amended, and Section 1004 of Act 247, as amended.[2] The hearing shall be conducted in accordance with Subsections (4) through (8) of Section 908 of Act 247, as amended,[3] and all references therein to the Zoning Hearing Board shall, for purposes of this section, be references to the governing body.
§ 325-77 Procedure for municipal curative amendments.
A.
The municipality, by formal action, may declare its Zoning Ordinance or portions thereof substantively invalid and propose to prepare a curative amendment to overcome such invalidity. Within 30 days following such declaration and proposal, the governing body of the municipality shall:
(1)
By resolution, make specific findings setting forth the declared invalidity of the Zoning Ordinance, which may include references to specific uses which are either not permitted or not permitted in sufficient quantity, reference to a class of use or uses which require revision or reference to the entire ordinance which requires revisions.
(2)
Begin to prepare and consider a curative amendment to the Zoning Ordinance to correct the declared invalidity.
B.
Within 180 days from the date of the declaration and proposal, the municipality shall enact a curative amendment to or reaffirm the validity of its Zoning Ordinance pursuant to the provisions required by Section 609 of Act 247, as amended,[1] to cure the declared invalidity of the Zoning Ordinance.
[1]
Editor's Note: See 53 P.S. § 10609.
C.
Upon the initiation of the procedures as set forth in Subsection A(1) above, the governing body shall not be required to entertain or consider any landowner's curative amendment filed under Section 609.1 of Act 247, as amended,[2] nor shall the Zoning Hearing Board be required to give a report requested under Section 910 or 913.1 of Act 247, as amended,[3] subsequent to the declaration and proposal based upon the grounds identical to or substantially similar to those specified in the resolution required by Subsection A(1) above. Upon completion of the procedures set forth in Subsections A and B above, no rights to a cure pursuant to the provisions of Sections 609.1 and 1004 of Act 247, as amended,[4] shall, from the date of the declaration and proposal, accrue to any landowner on the basis of the substantive invalidity of the unamended Zoning Ordinance for which there has been a curative amendment pursuant to this section.
D.
A municipality, having utilized the procedures as set forth in Subsections A 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 reaffirmation of the validity of its Zoning Ordinance pursuant to Subsection A(2) above; provided, however, that if, after the date of declaration and proposal, there is a substantially new duty or obligation imposed upon the municipality by virtue of a change in statute or by virtue of a Pennsylvania Appellate Court decision, the municipality may utilize the provisions of this section to prepare a curative amendment to its ordinance to fulfill said duty or obligation.
§ 325-78 Public notice.
Public notices of the proposed amendment 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 municipality where copies of the proposed amendment may be examined in addition to the time and place of the hearing.
§ 325-79 Publication.
After enactment, the advertisement of the amendment may consist solely of a reference to the place or places within the municipality where copies of such amendment shall be obtainable for a charge not greater than the cost thereof and available for examination without charge. The amendment may be incorporated into the official ordinance book by reference with the same force and effect as if duly recorded therein.