MapLink™ | Procedures | ​​​​​​​Municipal Curative Amendments

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​​​​​​​Municipal Curative Amendments
Municipal curative amendments.
If the Township determines that this chapter or any portion thereof is substantially invalid, it shall take the following actions:
 
(1) The Township shall declare, by formal action, its Zoning Code 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:
(a) By resolution, make specific findings setting forth the declared invalidity of the applicable sections of the Zoning Code, which may include:
[1] References to specific uses which are either not permitted or not permitted in sufficient quantity;
[2] Reference to a class of use or uses which require revision; or
[3] Reference to the entire chapter which requires revision.
(b) Begin to prepare and consider a curative amendment to the Zoning Code to correct the declared invalidity.
 
(2) 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 Code pursuant to the provisions required by Section 609 of the MPC in order to cure the declared invalidity of the Zoning Code.

(3) Upon the initiation of the procedures, as set forth in Subsection (1), above, the Board of Commissioners 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. Upon completion of the procedures, as set forth in Subsection (1) and (2), above, no rights to a cure pursuant to the provisions of Sections 609.1 and 916.1 of the MPC shall, from the date of the declaration and proposal, accrue to any landowner on the basis of the substantive invalidity of the unamended Zoning Code for which there has been a curative amendment pursuant to this section.