Should the Borough Council determine that this chapter or any
portion thereof is substantially invalid, it shall take the following
actions:
A. The Borough Council shall declare, by formal action, this chapter
or portions thereof substantially invalid and propose to prepare a
curative amendment to overcome such invalidity. Within 30 days following
such declaration and proposal the Borough Council shall:
(1) By resolution make specific findings setting forth the invalidity
of this chapter or any of its provisions. Such findings may include:
(a)
References to those specific uses that are either not permitted
or not permitted in sufficient quantity;
(b)
Reference to a class of use or uses that require revision;
(c)
Reference to the entire chapter that requires revision.
(2) Begin to prepare and consider a curative amendment to this chapter
to correct the declared invalidity.
B. Within 180 days from the date of the declaration and proposal, the
Borough Council shall enact a curative amendment to cure the declared
invalidity.
C. Upon initiation of the procedures set forth above, the Borough Council shall not be required to consider or entertain any landowner's curative amendment filed under §
360-53, nor shall the Zoning Hearing Board be required to provide a written decision. Upon completion of the procedures set forth above no rights to a cure pursuant to the provisions of §
360-43G or
360-53 shall, from the date of declaration and proposal, accrue to any landowner on the basis of the substantive invalidity of the unamended chapter.
D. The procedures for a municipal curative amendment may not be utilized
for a period of 36 months following the date of enactment of a municipal
curative amendment. 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 an Appellate
Court decision, the Borough may utilize the provisions of this section
to prepare a curative amendment to fulfill said duty or obligation.