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 or ordinances,
or whenever the requirements of this chapter are internally at variance,
the most restrictive or that imposing the higher standard shall govern.
Appeals raising the substantive validity of any land use ordinance,
except those to be brought before the Board of Supervisors pursuant
to the Pennsylvania MPC, Act of 1968, P.L. 805, No. 247, as reenacted
and amended; procedural questions or alleged defects in the process
of enactment or adoption of a land use ordinance; or from the determination
of the Zoning Officer, including, but not limited to, the granting
or denial of any permit or failure to act on the application therefor,
the issuance of any cease-and-desist order, or the registration or
refusal to register any nonconforming use, structure or lot; from
a determination by the Township Engineer or the Zoning Officer with
reference to the administration of any floodplain or flood hazard
ordinance or such provisions within a land use ordinance; from the
determination of any officer or agency charged with the administration
of any transfers of development rights or performance density provisions
of this chapter; from the determination of the Zoning Officer or Township
Engineer in the administration of any land use ordinance or provision
thereof with reference to sedimentation and erosion control and stormwater
management insofar as the same relate to development not involving
subdivision and land development or planned residential development,
may be filed with the Board in writing by the landowner affected,
any officer or agency of the Township, or any person aggrieved. Requests
for a variance and for special exception may be filed with the Board
by any landowner or any tenant with the permission of such landowner.
If the Township determines that this chapter or any portion
hereof is substantially invalid, it shall take the following actions:
A. The Township shall declare by formal action this chapter, or portions
hereof, substantially invalid and propose to prepare a curative amendment
to overcome such invalidity. Within 30 days following such declaration
and proposal, the Board of Supervisors 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;
or
(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.
B. Within 180 days from the date of the declaration and proposal, the
Township shall enact a curative amendment to validate or reaffirm
the validity of this chapter pursuant to the provisions of § 609
of the Pennsylvania MPC, Act of 1968, P.L. 805, No. 247, as reenacted
and amended, in order to cure the declared invalidity of this chapter.
C. Upon the initiation of the procedures as set forth in Subsection
A, the Board of Supervisors shall not be required to entertain or consider any landowner's curative amendment filed under § 609.1 of the Pennsylvania MPC, Act of 1968, P.L. 805, No. 247, as reenacted and amended, nor shall the Zoning Hearing Board be required to give
a report requested under § 909.1 or 916.1 of the Pennsylvania
MPC, Act of 1968, P.L. 805, No. 247, as reenacted and amended, subsequent to the declaration and proposal based upon the grounds identical or substantially similar to those specified by the resolution required by Subsection
A(1). Upon completion of the procedures set forth in Subsection
A, no rights to a cure pursuant to the provisions of §§ 609.1 and 916.1 of the Pennsylvania MPC, Act of 1968, P.L. 805, No. 247, as reenacted and amended, 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.
D. The Township, having utilized the procedures set forth in this section,
may not again utilize said procedure for a period of 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 Township by virtue of a change in statute or by virtue of
a Pennsylvania Appellate Court decision, the Township may utilize
the provisions of this section to propose a curative amendment to
this chapter to fulfill said duty or obligation.
In case any building, structure, landscaping or land is or is
proposed to be erected, constructed, reconstructed, altered, converted,
maintained or used in violation of this chapter, the Board of Supervisors
or, with the approval of the Board of Supervisors, an officer of the
Township, or any aggrieved owner or tenant of real property who shows
that his property or person will be substantially affected by the
alleged violation, in addition to other remedies, may institute any
appropriate action or proceeding to prevent, restrain, correct or
abate such building, structure, landscaping or land or to prevent,
in or about such premises, any act, conduct, business or use constituting
a violation. When any such action is instituted by a landowner or
tenant, notice of that action shall be served upon the Township at
least 30 days prior to the time the action is begun by serving a copy
of the complaint on the Board of Supervisors. No such action may be
maintained until such notice has been given.
Should any provision, section, subsection, clause or phrase
of this chapter or its application be declared or held for any reason
to be unconstitutional or invalid, such decision shall not affect
the validity of the chapter as a whole or any part thereof other than
the part so declared to be unconstitutional or invalid.
This chapter shall take effect on the fifth day after adoption.
This Ordinance No. 2009-04 is hereby enacted and adopted by
the Board of Supervisors of Straban Township, Adams County, Pennsylvania,
this day of November 2, 2009.