Borough Council may amend or repeal any or all portions of this
chapter either on its own motion or upon written request of any person,
entity, landowner or the Planning Commission. See § 609(b)(2)
of the Municipalities Planning Code concerning notice to property
owners.
A landowner or Borough Council may utilize the curative amendment
provisions of the Municipalities Planning Code.
It is hereby declared to be the legislative intent that if a
court of competent jurisdiction declares any provisions of this chapter
to be invalid or ineffective in whole or in part, the effect of such
decision shall be limited to those provisions which are expressly
stated in the decision to be invalid or ineffective, and all other
provisions of this chapter shall continue to be separately and fully
effective. Borough Council hereby declares that it would have passed
this chapter and each section or part thereof, other than any part
declared invalid, if it had advance knowledge that any part would
be declared invalid.
Allegations that this chapter or any amendment was enacted in
a procedurally defective manner shall be appealed as provided in state
law and be filed not later than 30 days after the intended effective
date of the ordinance or amendment. See § 909.1 of the Municipalities
Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10909.1.
The existing Chapter 143 of the Code of the Borough of Spring Grove entitled "Zoning" is hereby expressly repealed; and provided further that nothing in this chapter shall be construed to affect any suit or proceeding pending in any court, or any rights acquired or liability incurred, or any permit issued or approval granted or any cause or causes of action arising prior to the enactment of this chapter. All ordinances and parts of ordinances and all resolutions and parts of resolutions which are inconsistent herewith by virtue of references to or incorporation of requirements contained in the repealed Zoning Ordinance or an amendment thereto shall, as nearly as possible, be construed to reference this chapter. Any Borough Fee Resolution shall continue in full effect.
