1. The Township shall follow the requirements of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq., in enacting any amendment to this chapter.

2. Zoning Amendment Petitions.

A. Private parties may file a zoning amendment petition to amend, supplement, change, or repeal provisions of this chapter.

B. A zoning amendment petition shall consist of: (1) the completed Township application form signed by at least one record owner of property that will be affected by the petition whose signature shall be notarized, attesting to the truth of all of the facts and information presented in the petition; (2) the filing fee and escrow monies (the amount of this fee and escrow shall established by separate resolution of the Board of Commissioners; and two properly executed copies of the Township's Contract for Professional Services.

C. The Board of Commissioners shall have the complete discretion to decline to review or consider any Petition and shall retain complete discretion to either accept, reject, or amend any petition.

D. All petitions shall be forwarded to the Township Planning Commission for review and recommendation prior to any consideration by the Board of Commissioners.

Curative Amendment.

1. A landowner who desires to challenge on substantive grounds the validity of this chapter 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 the Municipalities Planning Code, as amended, 53 P.S. § 10101 et seq.

2. The Board of Commissioners shall commence a hearing thereon within 60 days of the request unless the landowner grants an extension of time.

3. The curative amendment and challenge shall be referred to the Planning Commission and the Joint Planning Commission for review and recommendation to the Board of Commissioners.

4. The Board of Commissioners shall consider the curative amendment and challenge after public notice and a hearing pursuant to § 27-2605, and all references therein to the Zoning Hearing Board shall, for the purposes of the curative amendment procedures, be deemed instead to be the Board of Commissioners.

5. If the Township does not accept the landowner's curative amendment under this section and a court subsequently rules that the challenge has merit, the court's decision shall not result in a declaration of invalidity for the chapter and map, but only for those provisions which specifically relate to the landowner's curative amendment and challenge.

6. If the Board of Commissioners determines that a curative amendment and challenge has merit, it may accept the landowner's curative amendment, with or without revision, or may adopt an alternative amendment which will cure the challenged defects.

7. The Board of Commissioners shall consider the curative amendments, plans and explanatory material submitted by the landowner and also consider:

A. The impact of the proposal upon roads, sewer facilities, water supplies, schools and other public service facilities.

B. 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 this chapter or map.

C. The suitability of the site for the intensity of use proposed by the site's soils, slopes, woodland, wetlands, floodplains, aquifers, natural resources and other natural features.

D. The impact of the proposed use on the site's soils, slopes, woodland, wetlands, floodplains, aquifers, natural resources and other natural features, the degree to which these are protected or destroyed, the tolerance of the resources to development, and any adverse environmental impacts.

E. The impact of the proposal on the preservation of agriculture and other land uses which are essential to the public health and welfare.

8. In the case of the Township itself as distinct from a landowner challenge, determining that this chapter or any portion thereof is substantially invalid pursuant to § 609.2 of the Municipalities Planning Code, as amended, 53 P.S. § 10609.2, the Township shall:

A. Declare by formal action this chapter or portions thereof substantially invalid and propose to prepare a curative amendment to overcome such invalidity.

B. Within 30 days thereof, by resolution make specific findings setting forth the declared invalidity, which may include:
 

(1) References to specific uses which are either not permitted or not permitted in sufficient quantity.
(2) References to a class of use or uses which require revisions.

(3) Reference to the entire ordinance which requires revisions.

C. Begin to prepare and consider a curative amendment to this chapter to correct the declared invalidity.

D. Within 180 days from the date of such declaration of invalidity, the Township shall enact a curative amendment to validate, or reaffirm the validity of, this chapter pursuant to the Municipalities Planning Code, as amended, 53 P.S. § 10101 et seq.

 

9. Upon the initiation of the procedures set forth in Subsection 8, above, the Board of Commissioners shall not be required to entertain or consider any landowner's curative amendment or challenge to this chapter, nor shall the Zoning Hearing Board be required to give a report requested under § 609.1 or 916.1 of the Municipalities Planning Code, as amended, 53 P.S. §§ 10609.1, 10916.1, subsequent to the declaration and proposal based upon grounds identical to or substantially similar to those specified by the Township pursuant to Subsection 8, above, and, upon completion of the procedures by the Township under Subsection 8, no rights to a cure pursuant to §§ 609.1 and 916.1 of the Municipalities Planning Code, as amended, 53 P.S. §§ 10609.1, 10916.1, shall, from the date of the Township's declaration and proposal under Subsection 8, above,  of this section, accrue to any landowner on the basis of the substantive invalidity of the unamended ordinance for which there has been a curative amendment under Subsection 8, above.