(a)

When requested by the Township board of supervisors, the planning commission shall prepare amendments to this chapter, including text and map amendments as well as all necessary studies and surveys preliminary thereto.

(b)

In preparing a proposed amendment, the planning commission shall hold at least one public meeting pursuant to public notice and may hold additional public meetings upon such notice as it shall determine to be advisable.

(c)

Upon the completion of its work, the planning commission shall present to the Township board of supervisors the proposed amendment, together with recommendations and explanatory materials.

(d)

Before voting on the enactment of an amendment, the Township board of supervisors shall hold a public hearing thereon, pursuant to public notice. In addition, if the proposed amendment involves a zoning map change, notice of said public hearing shall be conspicuously posted by the Township at points deemed sufficient by the Township board of supervisors along the perimeter of the subject tract to notify potentially interested citizens. The subject tract shall be posted at least one week prior to the date of the hearing.

(e)

In the case of an amendment other than that prepared by the planning commission, the Township board of supervisors shall submit each such amendment to the planning commission at least 30 days prior to the hearing on such proposed amendment to provide the planning commission an opportunity to submit recommendations.

(f)

If, after any public hearing held upon an amendment, the proposed amendment is changed substantially, or is revised to include land previously not affected by it, the Township board of supervisors shall hold another public hearing, pursuant to public notice, before proceeding to vote on the amendment.

(g)

At least 30 days prior to the public hearing on the amendment by the Township board of supervisors, the Township shall submit the proposed amendment to the county planning commission for recommendations.

(h)

Within 30 days after enactment, a copy of the amendment to this chapter shall be forwarded to the county planning commission.

(Code 1993, ch. 27, § 1201; Ord. No. 2001-1, § 1301, 2-27-2001)

(a)

A landowner who desires to challenge on substantive grounds the validity of this chapter or zoning map or any provision thereof, which prohibits or restricts the use or development of land in which he has an interest, may submit a curative amendment to the Township board of supervisors with a written request that his challenge and proposed amendment be heard and decided by the Township board of supervisors. The submission of the written request to the Township board of supervisors shall be governed by the following:

(1)

The challenging party shall make a written request to the Township board of supervisors that it hold a hearing on its challenge. The request shall contain the reasons for the challenge and shall contain plans and explanatory materials describing the use or development proposed by the landowner in lieu of the use or development permitted by this chapter or zoning map. Such plans or other materials shall not be required to meet the standards prescribed for preliminary or final approval or for the issuance of a zoning permit, so long as they provide reasonable notice of the proposed use or development and a sufficient basis for evaluating the ordinance or map in light thereof. Nothing herein contained shall preclude the landowner from first seeking a final approval before submitting his challenge.

(2)

The request also shall be accompanied by an amendment or amendments to the ordinance proposed by the landowner to cure the alleged defects therein.

(b)

The curative amendment and challenge shall be referred to the planning commission and the county planning commission as provided in section 52-379 and notice of the hearing thereon shall be given as provided in section 52-382 and subsection (d) of this section.

(c)

The Township board of supervisors shall commence its hearings within 60 days after the request is filed unless the landowner requests or consents to an extension of time.

(d)

Public notice of the hearing shall include notice that the validity of the ordinance or zoning map is in question and shall give the place where and the times when a copy of the request, including any plans, explanatory material or proposed amendments may be examined by the public.

(e)

If the Township 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 the entire ordinance and map, but only for those provisions which specifically relate to the landowner's curative amendment and challenge.

(f)

If the Township board of supervisors determines that a validity challenge has merit, the Township board of supervisors may accept a landowner's curative amendment, with or without revision, or may adopt an alternative amendment which will cure the challenged defects. The Township 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 streets, 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 the ordinance and zoning map.

(3)

The suitability of the subject tract for the intensity of use proposed by the subject tract's soils, slopes, woodlands, wetlands, floodplains, aquifers, natural resources and other natural features.

(4)

The impact of the proposed use on the subject tract'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.

(g)

The hearing shall be conducted in accordance with section 52-349 and all references therein to the board shall, for the purposes of this section, be references to the Township board of supervisors.

(1)

The Township solicitor shall represent and advise the Township board of supervisors at the hearing or hearings.

(2)

The Township board of supervisors may retain an independent attorney to present the defense of the ordinance or zoning map on its behalf and to present their witnesses on its behalf.

(3)

Based upon the testimony presented at the hearing or hearings, the Township board of supervisors shall determine whether the ordinance or zoning map is defective, as alleged by the landowner.

(4)

The Township board of supervisors shall render its decision within 45 days after the conclusion of the last hearing. If the Township board of supervisors fails to act on the landowner's request within the 45 days, a denial of the request is deemed to have occurred on the 46th day after the close of the last hearing.

(5)

The challenge shall be deemed denied when:

a.

The Township board of supervisors fails to commence the hearing within the time limits set forth in subsection (c) of this section.

b.

The Township board of supervisors notifies the landowner that it will not adopt the curative amendment.

c.

The Township board of supervisors adopts another curative amendment which is unacceptable to the landowner.

d.

The Township board of supervisors fails to act on the request 45 days after the close of the last hearing on the request, unless the time is extended by mutual consent by the landowner and the Township.

(h)

Where a curative amendment proposal is approved by the grant of a curative amendment application by the Township board of supervisors, or the court acts finally on appeal from denial of a curative amendment proposal, and the proposal so approved requires a further application for subdivision or land development, the developer shall have two years from the date of such approval to file an application for the appropriate preliminary or final approval. Within the two-year period, no subsequent change or amendment in the zoning, subdivision and land development, or other governing ordinance or plan shall be applied in any manner which adversely affects the rights of the applicant as granted in the curative amendment. Where the proposal appended to the curative amendment application is approved but does not require further application under any subdivision or land development ordinance, chapter 42 of this Code, the developer shall have one year within which to file for a zoning permit. Within the one-year period, no subsequent change or amendment in the zoning, subdivision and land development, or other governing ordinance or plan shall be applied in any manner which adversely affects the rights of the applicant as granted in the curative amendment. During these protected periods, the court shall retain or assume jurisdiction for the purpose of awarding such supplemental relief as may be necessary.

(Code 1993, ch. 27, § 1202; Ord. No. 2001-1, § 1302, 2-27-2001; Ord. No. 2017-5, § 13, 12-7-2017)

If the Township board of supervisors determines that this chapter or any portion thereof is substantively invalid, it shall take the following actions:

(1)

The Township board of supervisors shall declare by formal action, that this chapter or portions thereof are substantively invalid and propose to prepare a curative amendment to overcome such invalidity. Within 30 days following such declaration and proposal, the Township board of supervisors shall:

a.

By resolution, make specific findings setting forth the declared invalidity of the ordinance which may include references to specific uses which are either not permitted or not permitted in sufficient quantity, reference to a class of use or uses which require revision, or reference to the entire ordinance which requires revisions.

b.

Begin to prepare and consider a curative amendment to the ordinance to correct the declared invalidity.

(2)

Within 180 days from the date of the declaration and proposal, the Township board of supervisors shall enact a curative amendment to validate, or reaffirm the validity of this chapter pursuant to the provisions required by section 52-379 in order to cure the declared invalidity of the ordinance.

(3)

Upon the initiation of the procedures, as set forth in subsection (1) of this section the Township board of supervisors shall not be required to entertain or consider any landowner's curative amendment filed under section 52-380 nor shall the zoning hearing board be required to give a report requested under section 52-350 or section 52-358 subsequent to the declaration and proposal based upon the grounds identical to or substantially similar to those specified in the resolution required by subsection (1)a of this section. Upon completion of the procedures as set forth in subsections (1) and (2) of this section, no rights to a cure pursuant to the provisions of section 52-350 or section 52-358 shall, from the date of the declaration and proposal, accrue to any landowner on the basis of the substantive invalidity of the un-amended ordinance for which there has been a curative amendment pursuant to subsection (4) of this section.

(4)

Having utilized the procedures as set forth in subsections (1) and (2) of this section, the Township may not again utilize said procedure for a 36-month period following the date of the enactment of a curative amendment, or reaffirmation of the validity of this chapter, pursuant to subsection (2) of this section; provided, however, if after the date of declaration and proposal there is a substantially new duty or obligation imposed upon the Township by virtue of a change in statute or by virtue of a state appellate court decision, the Township may utilize the provisions of this section to prepare a curative amendment to this chapter to fulfill said duty or obligation.

(Code 1993, ch. 27, § 1203; Ord. No. 2001-1, § 1303, 2-27-2001; Ord. No. 2017-5, § 13, 12-7-2017)

(a)

Proposed zoning amendments shall not be enacted unless notice of the proposed enactment is given in the manner set forth in this section, and shall include the time and place of the meeting at which passage will be considered, a reference to a place within the Township where copies of the proposed amendment may be examined without charge or obtained for a charge not greater than the cost thereof. The Township board of supervisors shall publish the proposed amendment once in one newspaper of general circulation in the Township not more than 60 days nor less than seven days prior to passage. Publication of the proposed amendment shall include either the full text thereof or the title and a brief summary, prepared by the Township solicitor and setting forth all the provisions in reasonable detail. If the full text is not included:

(1)

A copy thereof shall be supplied to a newspaper of general circulation in the Township at the time the public notice is published.

(2)

An attested copy of the proposed amendment shall be filed in the county law library or other county office designated by the county commissioners, who may impose a fee no greater than that necessary to cover the actual costs of storing said amendments.

(b)

In the event substantial amendments are made in the proposed amendment, before voting upon enactment, the Township board of supervisors shall, at least ten days prior to enactment, re-advertise, in one newspaper of general circulation in the Township, a brief summary setting forth all the provisions in reasonable detail together with a summary of the amendment changes.

(c)

This chapter and any amendments thereto may be incorporated into official ordinance books by reference with the same force and effect as if duly recorded therein.

(Code 1993, ch. 27, § 1204; Ord. No. 2001-1, § 1304, 2-27-2001)

Whenever there has been a change in the boundary of a zoning district or a reclassification of the zoning district adopted in accordance with the above, the change on the official zoning map shall be made, and shall be duly certified by the Township secretary and shall thereafter be re-filed as part of the permanent records of the Township.

(Code 1993, ch. 27, § 1205; Ord. No. 2001-1, § 1305, 2-27-2001)