The Township Supervisors may from time to time
on their own motion, or on petition or on recommendation of the Planning
Commission, amend, supplement or repeal the regulations and provisions
of this chapter.
Before voting on the enactment of an amendment
or change, the Township Supervisors shall submit each such amendment
or change to the Planning Commission at least 30 days prior to the
public hearing hereinafter provided for to allow the Commission an
opportunity to submit its recommendations.
Nature of proposed amendments affecting a particular
property shall be posted conspicuously on any property involved not
less than seven days prior to date of hearing.
If, after any public hearing held upon an amendment,
the amendment is revised or further revised to include land previously
not affected by it, the Township Supervisors shall hold another public
hearing, pursuant to public notice, before proceeding to vote on the
amendment.
If Adams Township determines that this chapter
or any portion thereof is substantially invalid, it shall take the
following actions:
A. Adams Township shall declare, by formal action, that
this chapter or portions thereof are substantively invalid and propose
to prepare a curative amendment to overcome such invalidity. Within
30 days following such declaration and proposal, Township shall:
(1) By resolution make specific findings setting forth
the declared invalidity of this chapter which may include:
(a)
Reference 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 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, Adams Township shall enact a curative amendment to validate,
or reaffirm the validity of, this chapter 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 this chapter.
C. Upon the initiation of the procedures, as set forth in Subsection
A, Township Supervisors 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 by Subsection
A(1). Upon completion of the procedures as set forth in Subsections
A and
B, no rights to a cure pursuant to the provisions of Sections 609.1 and 916.1 of the Pennsylvania Municipalities Planning Code, Act 247, as amended, 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. Adams Township, having utilized the procedures as set forth in Subsections
A and
B, 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 this chapter, pursuant to Subsection
B; provided, however, if after the date of the declaration and proposal there is a substantially new duty or obligation imposed upon Adams Township by virtue of a change in statute or by virtue of a Pennsylvania Appellate Court decision, Adams Township may utilize the provisions of this section to prepare a curative amendment to this chapter to fulfill said duty or obligation.