Any landowner who wishes to challenge, on substantive grounds, the validity of this Zoning Ordinance or Map or any provision thereof which prohibits or restricts the use or development of land in which he has an interest, may prepare and submit a curative amendment to Borough Council, in the form he proposes it be adopted, together with a written request that his challenge and proposed amendment be heard. Borough Council shall hold a public hearing pursuant to public notice, on the matter within sixty days of receiving the request at a regular monthly meeting.
(a) Referral to Planning Commission. The curative amendment and challenge shall be referred to the Borough Planning Commission and County Planning Commission at least thirty days prior to the public hearing for review and comment. Borough Council shall conduct the hearing in accordance with regulations governing a hearing before the Zoning Hearing Board as stipulated in Section 1309.13.
(b) 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 Zoning Ordinance, but only for those provisions which specifically relate to the landowner's curative amendment and challenge.
(c) Evaluation of Merits of Curative Amendment. If Borough Council determines that a validity challenge has merit, Borough Council may accept a landowner's curative amendment, with or without revision, or may adopt an alternative amendment which will cure the challenge defects. Borough Council shall consider the curative amendments, plans and explanatory materials 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 Zoning Ordinance or Map;
(3) The suitability of the site for the intensity of use proposed by the site's soils, slopes, woodlands, wetlands, flood plains, aquifers, natural resources and other natural features;
(4) The impact of the proposed use on the site's soils, slopes, woodlands, wetlands, flood plains, 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. 2843. Passed 11-20-89.)