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 Commissioners 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
Township shall enact a curative amendment to validate, or reaffirm
the validity of, its zoning ordinance pursuant to the provisions required
by Section 609 in order to cure the declared invalidity of the zoning
ordinance.
C. Upon the initiation of the procedures, as set forth in this section,
the Board of Commissioners shall not be required to entertain or consider
any landowner's curative amendment filed 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 subsequent
to the declaration and proposal based upon the grounds identical to
or substantially similar to those specified in the resolution required
by this section. Upon completion of the procedures as set forth this
section, no rights to a cure pursuant to the provisions of Sections
609.1 and 916.1 of the Pennsylvania 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.
D. The Township having utilized the procedures as set forth 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; 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 its ordinance to fulfill said duty or obligation.
Public notices of proposed zoning amendments shall include either
the full text thereof or a brief summary setting forth the principal
provisions in reasonable detail and a reference to a place within
the Township where copies of the proposed ordinance or amendment may
be examined, in addition to the time and place of hearing. A certified
copy of the proposed amendment shall be sent to the County Planning
Department and shall also be made available for public inspection
at the offices of the newspaper of general circulation in which it
is being advertised.
The Township may offer a mediation option as an aid in completing proceedings authorized by this chapter. In exercising such an option, the Township and the mediating parties shall meet the stipulations and follow the procedures set forth in §
190-812 of this chapter.