A. A landowner who desires to challenge on substantive grounds the validity of this chapter or the Zoning Map or any provisions thereof which prohibit or restrict the use or development of land in which he or she has an interest may submit a curative amendment to the Board of Supervisors with a written request that his or her challenge and proposed amendment be heard and decided as provided in Section 916.1 of the Pennsylvania Municipalities Planning Code (hereinafter MPC ), 53 P.S. § 10916.1. The curative amendment and challenge shall be referred to the Planning Commission and the County Planning Agency as provided in Section 609 and notice of the hearing thereon shall be given as provided in Section 610 and Section 916.1 of the MPC, 53 P.S. §§ 10609, 10610 and 10916.1.
B. The hearing shall be conducted in accordance with Section 908 of the Municipalities Planning Code and all references therein to the Zoning Hearing Board shall, for purposes of this section be references to the Board of Supervisors. If the Township does not accept a landowner s curative amendment brought in accordance with this subsection 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 and Zoning Map but only for those provisions which specifically relate to the landowner s curative amendment and challenge.
C. The Board of Supervisors, if it determines that a validity challenge has merit, may accept a landowner s curative amendment, with or without revision, or may adopt an alternate amendment which will cure the challenged defects. The Board of Supervisors shall consider the curative amendments, plans and explanatory material 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 chapter or Zoning Map.
(3) The suitability of the site for the intensity of use proposed by the site s soils, slopes, woodlands, wetlands, floodplains, aquifers, natural resources and other natural features.
(4) The impact of the proposed use on the site 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.
(5) The impact of the proposal on the preservation of agriculture and other land uses which are essential to public health and welfare.