The purpose of this Article is to describe the procedures for
administration and enforcement of this Chapter and the duties and
responsibilities of the Zoning Officer and Zoning Hearing Board as
they pertain to this Chapter.
Applications for Permits. In all cases, any application for
a Permit of any of the types described in this Chapter shall be decided
not only on the basis of compliance with this Chapter, but also on
the basis of compliance with all other applicable Township ordinances
and all other applicable rules and regulations of the various Township
authorities and agencies which might be concerned, as well as applicable
state and federal requirements and permits known by the Township.
If the Township determines that its Zoning Ordinance or any
portion thereof is substantially invalid, it shall take the following
actions:
A. The Township 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 Board of Supervisors 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 Zoning Ordinance which requires revisions.
(2)
Begin to prepare and consider a curative amendment to the Zoning
Ordinance to correct the declared invalidity.
B. In the event of the failure of a majority of the Board of Supervisors
to declare this Chapter or portions thereof substantially invalid
within the 30 days following such declaration, the declaration shall
be deemed null and void.
C. Within 180 days from the date of the declaration and proposal, pursuant to Subsection
A, above, the Township shall enact a curative amendment to validate or reaffirm the validity of this Chapter pursuant to the provisions required by the Section 609 of the MPC in order to cure the declared invalidity of this Chapter.
D. Upon the initiation of the procedures by the Township as set forth in Subsection
A, the Board of Supervisors shall not be required to entertain or consider any landowner's curative amendment as provided for within the Municipalities Planning Code, nor shall the Zoning Hearing Board be required to give a report requested under Sections 909.1 or 916.1 of the MPC 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) above.
E. Upon completion of the procedures as set forth in Subsection
A(1) and
(2) above, no rights to a cure pursuant to the provisions of the Municipalities Planning Code, 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.
F. The Township, having utilized the procedures as set forth in Subsections
A and
C above, may not again utilize said procedures 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
C; provided, however, if after the date of declaration and proposal there is a substantially new duty or obligation 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 prepare a curative amendment to this Chapter to fulfill said duty or obligation; provided, however, that the Township shall not be deemed to have utilized the procedures set forth in Subsections
A and
B either if the Township takes formal action to not declare this Chapter invalid in accordance with Subsection
A or if they fail to act in accordance with Subsection
A.