Article 32
Amendments
§14-3201 Power of Amendment.
Borough Council may, from time to time, amend, supplement, change, modify, or repeal this Chapter or any part of this Chapter, including the Zoning Map. When doing so, Borough Council shall proceed in the manner prescribed in this Article.
(Ord. 2008-1, 6/9/2008, §3200)
§14-3202 Enactment of Zoning Ordinance Amendments.
Proposals for amendment, supplement, change, modification, or repeal may be initiated by Borough Council on its own motion, by the Planning and Zoning Commission, or by petition of one or more owners of property to be affected by the proposed amendment, subject to the following provisions:
A. Submission Dates. Proposals for amendment, supplement, change or modification to this Chapter, including the Zoning Map, will be accepted for review and recommendation by the Planning and Zoning Commission. The regularly scheduled meetings of the Planning and Zoning Commission are hereby established as the meetings at which such aforementioned proposals shall be considered. All proposals for amendment, supplement, change or modification to this Chapter shall be submitted to the Borough Secretary for referral to the Planning and Zoning Commission not later than 14 days prior to the regularly scheduled meetings of the Planning and Zoning Commission.
B. Proposals Originated by Borough Council. Borough Council may on its own motion prepare proposals for amendment, supplement, change, modification, or repeal of this Chapter.
C. Proposals Originated by the Planning and Zoning Commission. The Planning and Zoning Commission may on its own motion prepare proposals for amendment, supplement, change, modification, or repeal of this Chapter.
D. Proposals Originated by Citizen Petition. Owners of property in the Borough may by petition submit proposals for amendment, supplement, change, modification, or repeal of this Chapter.
(1) A fee shall be paid at the same time to cover costs, and no part of such fee shall be returnable to a petitioner. Said fee shall be in accordance with a fee schedule adopted by resolution of Borough Council from time to time.
(2) On receipt of said petition and the requisite fee the Zoning Officer shall transmit a copy of the petition to the Planning and Zoning Commission.
E. Within 30 days after receipt of the Planning and Zoning Commission’s report and recommendation, Borough Council shall either fix a time for public hearing or notify the petitioner of its decision not to consider the proposal.
F. In the case of an amendment other than that prepared by the Planning and Zoning Commission, Borough Council shall submit each such amendment to the Planning and Zoning Commission at least 30 days prior to the hearing on such proposed amendment to provide the Planning and Zoning Commission an opportunity to submit recommendations. The Planning and Zoning Commission shall make a report and recommendation to Borough Council.
(1) The report shall set forth in detail reasons wherein public necessity, convenience, general welfare, and the objectives of the Cornwall Borough Comprehensive Plan do or do not justify the proposed change, and may include any additions or modifications to the original proposal.
(2) At its discretion, the Planning and Zoning Commission may hold a public hearing before making such report and recommendation.
G. Referral to County Planning Department. At least 30 days prior to the public hearing on the amendment by Borough Council, Borough Council shall submit the proposed amendment to the Lebanon County Planning Department for recommendations.
H. Before voting on the enactment of an amendment, Borough Council shall hold a public hearing thereon, pursuant to public notice. Notice shall be given as follows:
(1) By publication of the notice in a newspaper of general circulation in the Borough. Said notice shall be published one each week for 2 successive weeks. The first publication shall not be more than 30 days nor less than 7 days from the date of the hearing.
(2) When such hearing concerns a Zoning Map change, written notice shall be given to parties in interest, who shall be at least those persons whose properties adjoin or are across the street from the property in question.
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 1 week prior to the date of the hearing.
I. 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, Borough Council shall hold another public hearing, pursuant to public notice, before proceeding to vote on the amendment.
J. Enactment of Zoning Ordinance Amendment. The vote on the enactment by Borough Council shall be within 90 days after the last public hearing. Within 30 days after enactment, a copy of the amendment to this Chapter shall be forwarded to the County Planning Department.
(Ord. 2008-1, 6/9/2008, §3201)
§14-3203 Curative Amendments.
A curative amendment may be initiated by either a landowner or by Borough Council.
A. Procedure for Landowner Curative Amendments. A landowner who desires to challenge on substantive grounds the validity of a zoning 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 Borough Council with a written request that his challenge and proposed amendment be heard and decided as provided in §14-3014.
(1) Borough Council shall commence a hearing thereon within 60 days of the request as provided in §14-3014. The curative amendment and challenge shall be referred to the Borough Planning and Zoning Commission and County Planning Department as provided in §14-3202 and notice of the hearing thereon shall be given as provided in §14-3202.H and in §14-3014.
(2) The hearing shall be conducted in accordance with §14-3004 and all references therein to the Zoning Hearing Board shall, for the purposes of this Section be references to Borough Council. If Borough Council 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 entire Zoning Ordinance and Map, but only for those provisions which specifically relate to the landowner’s curative amendment and challenge.
(3) If Borough Council determines that a validity challenge has merit, Borough Council may accept a landowner’s curative amendment, with or without revision, or may adopt an alternative amendment which will cure the challenged defects. 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 map.
(c) The suitability of the site for the intensity of use proposed by the site’s soils, slopes, woodland, wetlands, floodplains, aquifers, natural resources, and other natural features; the impact of the proposed use on the site’s soils, slopes, woodlands, 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.
B. Procedure for Municipal Curative Amendments.
(1) If Borough Council determines that this Chapter or any portion thereof is substantially invalid, Borough Council shall declare by formal action, this Chapter or portions hereof substantively invalid and propose to prepare a curative amendment to overcome such invalidity. Within 30 days following such declaration and proposal Borough Council shall:
(a) By resolution make specific findings setting forth the declared invalidity of this Chapter, which may include:
1) References to specific uses which are either not permitted or not permitted in sufficient quantity.
2) Reference to a class of use or uses which require revision.
3) Reference to the entire ordinance which requires revisions.
(b) Begin to prepare and consider a curative amendment to the Zoning Ordinance to correct the declared invalidity.
(2) Within 180 days from the date of the declaration and proposal, Borough Council shall enact a curative amendment to validate, or reaffirm the validity of, this Chapter pursuant to the provisions require by §14-3202 in order to cure the declared invalidity of this Chapter.
(3) Upon initiation of the procedures, as set forth in paragraph .B(1), Borough Council shall not be required to entertain or consider any landowner’s curative amendment filed under paragraph .A nor shall the Zoning Hearing Board be required to give a report requested under §14-3014 subsequent to the declaration and proposal based upon the grounds identical to or substantially similar to those specified in the resolution required by paragraph .B(1)(a). Upon completion of the procedures as set forth in paragraphs .B(1) and .B(2), no rights to a cure shall, from the date of 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.
(4) Borough Council having utilized the procedures as set forth in paragraphs .B(1) and .B(2) may not again utilize said procedure for a 36-month period following the date of the enactment of a curative amendment, or reaffirmation of the validity of the zoning ordinance, pursuant to paragraph .B(2); provided, however, 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 this Chapter to fulfill said duty or obligation.
(Ord. 2008-1, 6/9/2008, §3202)
§14-3204 Publication, Advertisement, and Availability of Ordinances.
1. Proposed Zoning Ordinance 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, a reference to a place within the Borough where copies of the proposed amendment may be examined without charge or obtained for charge not greater than the cost thereof. Borough Council shall publish the proposed amendment once in one newspaper of general circulation in the Borough not more than 60 days nor less than 7 days prior to passage. Publication of the proposed 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.
B. An attested copy of the proposed ordinance 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 ordinance.
2. In the event substantial amendments are made in the proposed amendment, before voting upon enactment, Borough Council shall at least 10 days prior to enactment re-advertise, in one newspaper of general circulation in the Borough, a brief summary setting forth all the provisions in reasonable detail together with a summary of the amendments.
3. Zoning Ordinances and amendments may be incorporated into official ordinance books by reference with the same force and effect as if duly recorded.
(Ord. 2008-1, 6/9/2008, §3203)