A. 
The Township Commissioners may introduce and consider amendments to this chapter and to the Zoning Map as proposed by a Commissioner, by the Planning Commission or by a petition of a person or persons residing or owning property within the Township.
B. 
Any person or persons owning property in the Township who petition the Township Commissioners for rezoning of their property shall not resubmit substantially the same application for rezoning of substantially the same property to the same zoning classification within one year of the date of the Township Commissioners decision denying the similar application.
C. 
In the case where a proposed amendment involves the rezoning of property, a minimum of four public notices shall be posted on and around the affected property for a minimum of seven days prior to the date of the public hearing.
A. 
Before voting on the enactment of an amendment, the governing body shall hold a public hearing thereon, pursuant to public notice. In addition, if the proposed amendment involves a Zoning Map change, notice of said public hearing shall be conspicuously posted by the municipality at points deemed sufficient by the municipality along the tract to notify potentially interested citizens. The affected tract or area shall be posted at least one week prior to the date of the hearing.
(1) 
In addition to the requirement that notice be posted under this subsection, where the proposed amendment involves a Zoning Map change, notice of the public hearing shall be mailed by the municipality at least 30 days prior to the date of the hearing by first class mail to the addresses to which real estate tax bills are sent for all real property located within the area being rezoned, as evidenced by tax records within the possession of the municipality. The notice shall include the location, date and time of the public hearing. A good faith effort and substantial compliance shall satisfy the requirements of this subsection.
(2) 
This subsection shall not apply when the rezoning constitutes a comprehensive rezoning.
B. 
In the case of an amendment other than that prepared by the planning agency, the governing body shall submit each such amendment to the planning agency at least 30 days prior to the hearing on such proposed amendment to provide the planning agency an opportunity to submit recommendations.
C. 
If, after any public hearing held upon an amendment, the proposed amendment is changed substantially, or is revised, to include land previously not affected by it, the governing body shall hold another public hearing, pursuant to public notice, before proceeding to vote on the amendment.
D. 
At least 30 days prior to the public hearing on the amendment by the governing body, the municipality shall submit the proposed amendment to the Westmoreland County Planning Commission for recommendations.
E. 
The municipality may offer a mediation option as an aid in completing proceedings authorized by this section. In exercising such an option, the municipality and mediating parties shall meet the stipulations and follow the procedures set forth in Article IX.
F. 
Within 30 days after enactment, a copy of the amendment to the zoning ordinance shall be forwarded to the Westmoreland County Planning Commission.
A. 
A landowner who desires to challenge on substantive grounds the validity of a zoning ordinance or map or any provision thereof, which prohibits or restricts the use or development of land in which he has an interest, may submit a curative amendment to the Board of Commissioners with a written request that his challenge and proposed amendment be heard and decided as provided in Section 916.1 of the Pennsylvania Municipalities Planning Code. The Board of Commissioners shall commence a hearing thereon within 60 days of the request as provided in Section 916.1 of the Pennsylvania Municipalities Planning Code. The curative amendment and challenge shall be referred to the Planning Commission and notice of the hearing thereon shall be given as provided Article IX.
B. 
The hearing shall be conducted in accordance with § 190-809 and all references therein to the Zoning Hearing Board shall, for purposes of this section, be references to the Board of Commissioners: provided, however, that the provisions of Section 916.1 of the Pennsylvania Municipalities Planning Code shall control. If the Township does not accept a landowner's curative amendment brought in accordance with this subsection and a court subsequently rules that the challenge has merit, the court's decision shall not result in a declaration of invalidity for the entire zoning ordinance and map, but only for those provisions which specifically relate to the landowner's curative amendment and challenge.
C. 
Where the Board of Commissioners determines that a validity challenge has merit, it may accept a landowner's curative amendment, with or without revision, or may adopt an alternative amendment which will cure the challenged defects. The Board of Commissioners shall consider the curative amendments, plans and explanatory material submitted by the landowner and shall also consider:
(1) 
The impact of the proposal upon roads, sewer facilities, water supplies, schools and other public service facilities;
(2) 
If the proposal is for a residential use, the impact of the proposal upon regional housing needs and the effectiveness of the proposal in providing housing units of a type actually available to and affordable by classes of persons otherwise unlawfully excluded by the challenged provisions of the ordinance or map;
(3) 
The suitability of the site for the intensity of use proposed by the site's soils, slopes, woodlands, wetlands, floodplains, aquifers, natural resources and other natural features;
(4) 
The impact of the proposed use on the site's soils, slopes, woodlands, wetlands, floodplains, natural resources and natural features, the degree to which these are protected.
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.