(A) Any landowner who wishes 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 prepare and submit a curative amendment to the Borough Council, in the form he or she proposes it be adopted, together with a written request that the challenge and proposed amendment be heard and decided in accordance with the requirements of the MPC. The Borough Council shall hold a public hearing, pursuant to public notice, on the matter within 60 days of receiving an administratively complete curative amendment request. Public notice of the public hearing shall be given by the borough in accordance with the requirements of the MPC. Public hearings shall be conducted and held in accordance with the applicable provisions of the MPC.
(B) The Borough Council shall comply with all applicable requirements of the MPC regarding the conduct of hearings and decisions related thereto.
(1) Referral to Planning Commission and County Planning Agency. The curative amendment and challenge shall be referred to the Planning Commission and the County Planning Agency or its designee at least 30 days prior to the public hearing for review and comment.
(2) Declaration of invalidity by the court. 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, but only for those provisions which specifically relate to the landowner’s curative amendment and challenge.
(3) Evaluation of merits of curative amendment. If the Borough Council determines that a valid challenge has merit, then the Borough Council 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:
(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 the zoning map;
(c) The suitability of the lot’s soils, slopes, woodlands, wetlands, floodplains, aquifers, natural resources and natural features for the intensity of the proposed uses;
(d) The impact of the proposed use on the lot’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
(e) The impact of the proposal on the preservation of agriculture and other land uses which are essential to public health and welfare.
(Ord. 1089, passed 5-19-2014)