If the Township determines that this Chapter or any portion thereof is substantially invalid, the Township shall take the following actions:
A. A Township shall declare by formal action this Chapter 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 Supervisors of the Township shall:
(1) Make specific findings by resolution 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) References to a class of use or uses which require revision.
(c) Reference to the 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 Township Board of Supervisors shall enact a curative amendment to validate, or reaffirm the validity of this Chapter pursuant to the provisions required by §609 of the MPC, 53 P.S. §10609, in order to cure the declared invalidity of this Chapter.
C. Upon the initiation of the procedures, the Board of Supervisors shall not be required to entertain or consider any landowner's curative amendment filed under § 27-1103 nor shall the Zoning Hearing Board be required to give a report. Upon completion of the procedures, no rights to a cure pursuant to the provisions of §§609.1 and 916.1 of the MPC, 53 P.S. §§10609.1, 10916.1, shall, from the date of the declaration and proposal, accrue to any landowner on the basis of the substantive invalidity of the unamended Chapter for which there has been a curative amendment pursuant to this Section.
D. The Township having utilized the procedures as set forth in subsections .A and .B above may not again utilize said procedure for a 36-month period following the date of the 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 or obligation imposed upon the Township by virtue of a change in statute or by virtue of a Pennsylvania appellate court decision, the Township may utilize the provisions of this Section to prepare a curative amendment to this Chapter to fulfill said duty or obligation.
(Ord. 2015-06, 9/28/2015)