If the Borough determines that this chapter or any portion hereof
is substantially invalid, it shall take the following actions:
A. The Borough shall declare by formal action this chapter or portions
hereof substantially invalid and propose to prepare a curative amendment
to overcome such invalidity. Within 30 days of such declaration and
proposal the Borough Council 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 requires revision; or
(c) Reference to this 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
Borough shall enact a curative amendment to validate or reaffirm the
validity of this chapter pursuant to the provisions of Section 609
of the Pennsylvania Municipalities Planning Code, in order to cure
the declared invalidity of this chapter.
C. Upon the initiation of the procedures as set forth in Subsection
A, the Borough Council shall not be required to entertain or consider any landowner's curative amendment filed under Section 609.1 of the MPC, nor shall the Zoning Hearing Board be required to give
a report requested under Section 909.1 or 916.1 of the MPC, subsequent to the declaration and proposal based upon the grounds identical or substantially similar to those specified by the resolution required by Subsection
A(1). Upon completion of the procedures set forth in Subsections
A and
B, no rights to a cure pursuant to the provisions of Section 609.1 and 916.1 shall, from the date of the declaration and proposal,
accrue to any landowner on the basis of the substantive invalidity
of this chapter for which there has been a curative amendment pursuant
to this section.
D. The Borough, having utilized the procedures set forth in this section,
may not again utilize said procedure for a period of 36 months following
the date of enactment of a curative amendment or reaffirmation of
the validity of this chapter; provided, however, if after the date
of declaration and proposal there is a substantially new duty imposed
upon the Borough by virtue of a change in statute or by virtue of
a Pennsylvania Appellate Court decision, the Borough may utilize the
provisions of this section to propose a curative amendment to this
chapter to fulfill said duty or obligation.