The Board of Township Supervisors may from time
to time amend, supplement, change, modify or repeal this chapter,
including the Zoning Map, by proceeding in the following manner.
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 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 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 require
revision.
(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, the Township shall enact a curative amendment to validate or reaffirm the validity of this chapter pursuant to the provisions required by §
122-136 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 §
122-137, nor shall the Zoning Hearing Board be required to give a report requested under §
122-125 or
122-132 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 §§
122-137 and
122-132 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. If the Township utilizes the procedures as set forth in Subsections
A and
B, it 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, that 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.