1. If the Borough of Marysville determines that this Chapter, or any portion hereof, is substantially invalid, it shall take the following actions:
A. The Borough shall declare by formal action this Chapter or portions hereof substantially invalid and propose to prepare a curative amendment to overcome such invahdity. Within 30 days of such declaration and proposal the Borough Council shall:
(1) By resolution make specific findings setting forth the declared invahdity of this Chapter which may include:
(a) References to specific uses which are either not permitted or not permitted in sufficient quantity;
(b) Reference to a class of use or uses which requires revision; or,
(c) Reference to this entire Chapter which requires revisions.
(2) Begin to prepare and consider a curative amendment to this Chapter to correct the declared invalidity.
2. Within 180 days from the date of the declaration and proposal, the Borough shall enact a curative amendment to validate or reaffirm the vahdity of this Chapter pursuant to the provisions of §609 of the Pennsylvania Municipahties Planning Code, in order to cure the declared invalidity of this Chapter.
3. Upon the initiation of the procedures as set forth in subsection (1), above, the Borough Council shall not be required to entertain or consider any landowner's curative amendment hied under §609.1 of the Municipahties Planning Code, nor shaU the Zoning Hearing Board be required to give a report requested under §§909.1 or 916.1 of the Municipahties Planning Code subsequent to the declaration and proposal based upon grounds identical or substantially similar to those specified by the resolution required by subsection (1)(A), above. Upon completion of the procedures set forth in subsections (1) and (2), above, no rights to a cure pursuant to the provisions of §§609.1 and 916.1 of the Municipalities Planning Code, shall, from the date of the declaration and proposal, accrue to any landowner on the basis of the substantive invahdity of this Chapter for which there has been a curative amendment pursuant to this Section.
4. The Borough, having utilized the procedures set forth in this Section, may not again utilize said procedure for a period of 36 months following the date of enactment of a curative amendment, or reaffirmation of the vahdity of this Chapter; provided, however, if after the date of declaration and proposal there is a substantially new duty imposed upon the Borough by virtue of a change in statute or by virtue of a Pennsylvania appellate court decision, the Borough may utilize the provisions of this Section to propose a curative amendment to this Chapter to fulfill said duty or obligation.
(Ord. 462, 8/14/1995, as added by Ord. 553, 5/10/2004, §1)