The Borough Council may from time to time amend, supplement,
change, modify or repeal this chapter, including the Zoning Map. The
Borough Council, by resolution adopted at a stated or special meeting,
shall fix the time and place of a public hearing on the proposed change,
amendment, or repeal and cause notice thereof to be given as follows:
A.
By publishing a notice of the time and place of the hearing not more
than 30 days and not less than seven days in advance of the date fixed
for the hearing in a newspaper of general circulation in the Borough.
Such notice shall be published once each week for two successive weeks.
B.
In addition to the content requirements of Section 610 of the Pennsylvania
Municipalities Planning Code, as amended,
the notice shall also set forth the principal provisions
of the proposed change, amendment or repeal in reasonable detail and
a reference to a place in the Borough where copies of the proposed
change, amendment or repeal may be examined or purchased at a charge
not exceeding the cost thereof. Full opportunity to be heard will
be given to any citizen and all interested parties attending such
hearing. In addition, if the proposed amendment involves a Zoning
Map change, notice of said public hearing shall be conspicuously posted
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 week prior to the date of the hearing.
A landowner or group of landowners in a district may present
to the Borough Council, a petition, duly signed and acknowledged,
requesting an amendment, supplement, change, modification or repeal
of any of the regulations or restrictions prescribed by this chapter
for their district; or a change or modification of the Zoning Map
with reference to 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 § 250-118A above.
The Borough Council shall refer each petition or proposal for
change or amendment to the Borough Planning Commission, and County
Planning Commission at least 30 days prior to the hearing, which shall
consider whether or not such proposed change or amendment would be,
in the view of the Commission, consistent with and desirable in furtherance
of the Comprehensive Plan upon which this chapter is based, as the
same may be modified from time to time. The Commission shall transmit
its conclusion thereon, together with its reasons therefor, to the
Borough Council within 30 days. The Borough Council shall take such
conclusion and reasons into consideration in reaching its decision,
but shall not be bound thereby.
A landowner who desires to challenge, on substantive grounds,
the validity of this chapter or Zoning Map, or any provision thereof
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 Section 609.1 of the
Pennsylvania Municipalities Planning Code, as amended.
At any public hearing on a proposed change or amendment, opportunity
to be heard shall be given to any citizen. The Borough Council shall
take the recommendations of the Borough and County Planning Commission
into consideration in reaching its decision, but shall not be bound
thereby. The Borough Council shall have the power to adopt general
or special rules of procedure for the conduct of any such hearing
provided that under §§ 250-118, 250-119, and 250-121,
the hearings shall be conducted in accordance with the following procedures:
A.
The Borough Council shall conduct a hearing thereon within 60 days
of the receipt of written request.
B.
The President, or in his absence, the Acting President, shall have
the power to administer oaths and issue subpoenas to compel the attendance
of witnesses and the production of relevant documents and papers,
including witnesses and documents requested by the parties.
C.
The parties shall have the right to be represented by counsel and
shall be afforded the opportunity to respond and present evidence
and argument and cross-examine adverse witnesses.
D.
Even though formal rules of evidence shall not apply, irrelevant,
immaterial or unduly repetitious evidence may be excluded.
E.
The Borough Council shall keep a stenographic record of the proceedings
and copies of graphic or written material received in evidence shall
be made available at cost to any party.
All enactments of amendments to this chapter or map shall be
read at public meetings of the Borough Council and copies can be examined
at the Borough Building during regular hours. The Borough Council
shall make a decision within a reasonable amount of time after the
close of the last hearing on the request unless the time is extended
by mutual consent by the landowner and the Borough's Council.
Should the Council fail to act on the landowner's request within
the designated time, the request is denied. When a decision has been
made by the Borough Council, a written copy of the decision shall
be delivered to the landowner personally or mailed to him not later
than the day following its date. Within 30 days after enactment, a
copy of the amendment to this chapter shall be forwarded to the County
Planning Commission.
