(A) A landowner who desires to challenge on substantive grounds the validity of this chapter or the zoning map, or any provision thereof, which prohibits or restricts the use or development of land in which he or she has an interest may submit a curative amendment to the Borough Council with a written request that his or her challenge and proposed amendment be heard and decided as provided in § 916.1 of the Pennsylvania Municipalities Planning Code (hereinafter “MPC”), 53 P.S. § 10916.1. The curative amendment and challenge shall be referred to the Planning Commission and the county planning agency as provided in § 609 and notice of the hearing thereon shall be given as provided in §§ 610 and 916.1 of the MPC, 53 P.S. §§ 10609, 10610, and 10916.1.
(B) The hearing shall be conducted in accordance with § 908 of the MPC, 53 P.S. § 10908, and all references therein to the Zoning Hearing Board shall, for purposes of this section, be references to the Borough Council. If the borough does not accept a landowner’s curative amendment brought in accordance with 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 this entire chapter and zoning map, but only for those provisions which specifically relate to the landowner’s curative amendment and challenge.
(C) The Borough Council, if it determines that a validity challenge has merit, may accept a landowner’s curative amendment, with or without revision, or may adopt an alternative amendment which will cure the challenged defects. The Borough Council 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 this chapter or zoning 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 or destroyed, the tolerance of the resources to development, and any adverse environmental impacts; and
(5) The impact of the proposal on the preservation of agriculture and other land uses which are essential to public health and welfare.
(Ord. 2010-03, passed 3-1-2010)