The City may determine that this chapter or sections thereof are substantially invalid. This determination shall declare by formal action the sections substantially invalid and propose a curative amendment to overcome this invalidity.
(a) Within 30 days of this declaration and proposal the City shall:
(1) By resolution make specific findings setting forth the declared invalidity which may include references to specific uses which are either not permitted or not permitted in sufficient quantity; class of uses which require revision; or references to this entire chapter; and
(2) Begin to prepare and consider a curative amendment to correct the declared invalidity.
(b) Within 180 days of the declaration and proposal, the City shall enact a curative amendment or validate, or reaffirm the validity of, this chapter pursuant to the procedures outlined in Section 1260.230.
(c) After using this procedure, the City may not again utilize this method for a 36-month period following the date of a curative amendment, or reaffirmation of this chapter, unless a new duty or obligation is imposed on the City by a change in statute or Pennsylvania Appellate Court decision after the date of declaration and proposal. In this case, the City may use the provision of this section to fulfill said duty or obligation.
(d) Any other procedures or provisions as required by the PA Municipalities Planning Code, Act 247 as re-enacted and amended.
(Ord. 5139. Passed 11-27-13.)