If the Borough determines that its Zoning Ordinance
or any portion thereof is substantially invalid, it shall take the
following actions:
A. The Borough shall declare, by formal action, 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 Borough Council
shall:
(1)
By resolution make specific findings setting
forth the declared invalidity of the Zoning Ordinance 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 require
revision; or
(c)
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 Borough shall enact a curative amendment to validate,
or reaffirm the validity of, its Zoning Ordinance pursuant to the
provisions required by Section 609 of the Pennsylvania Municipalities
Planning Code, Act 247, as amended, in order to cure the declared invalidity of the Zoning
Ordinance.
C. Upon the initiation of the procedures as set forth
in this section, Borough Council shall not be required to entertain
or consider any landowner's curative amendment filed under Section
609.1 of the Pennsylvania Municipalities Planning Code, Act 247, as
amended, nor shall the Zoning Hearing Board be required to give
a report requested under Section 909.1 or 916.1 of the Pennsylvania
Municipalities Planning Code, Act 247, as amended, subsequent to the declaration and proposal based upon
the grounds identical to or substantially similar to those specified
in the resolution required. Upon completion of the procedures as set
forth in this section, no rights to a cure pursuant to the provisions
of Sections 609.1 and 916.1 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. The Borough having utilized the procedures as set
forth in this section 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 this section; 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
ordinance to fulfill said duty or obligation.
After enactment, if the advertisement of a zoning
ordinance or amendment is required by other laws respecting the advertisement
of ordinances, such advertisement may consist solely of a reference
to the place or places within the Borough where copies of such ordinance
or amendment shall be obtainable for a charge not greater than the
cost thereof and shall be available for examination without charge.
Zoning ordinances and amendments may be incorporated into official
ordinance books by reference with the same force and effect as if
duly recorded therein.