Murrysville City Zoning Code
ARTICLE XI
Administration and Enforcement
§ 220-107 Zoning Officer's powers and duties.
A.
The provisions of this chapter shall be administered and enforced by a Zoning Officer who shall be appointed by the Council. The Zoning Officer shall hold no elective office in the Municipality. The Zoning Officer shall meet the qualifications established by the Municipality and shall be able to demonstrate, to the satisfaction of the Municipality, a working knowledge of municipal zoning.
B.
The Zoning Officer shall have all the powers and duties conferred upon him by this chapter and the Pennsylvania Municipalities Planning Code. The Zoning Officer's duties shall include the following:
(1)
Receive and examine all applications for zoning approval, building permits and certificates of occupancy.
(2)
Notify applicants of any deficiencies in applications and request additional information.
(3)
Process applications for zoning approval, building permits and certificates of occupancy for all permitted uses.
(4)
Receive applications for uses by special exception and variances and forward these applications to the Zoning Hearing Board for action prior to considering issuance of zoning approval, building permits or certificates of occupancy for the proposed use.
(5)
Receive applications for conditional uses and forward these applications to the Planning Commission and Council for recommendation and action prior to considering issuance of zoning approval, a building permit or certificate of occupancy for the proposed use.
(6)
Receive and process all requests for reasonable accommodation under the Fair Housing Amendments Act and the Americans with Disabilities Act (ADA).
(7)
Issue permits only where there is compliance with the provisions of this chapter, with other Municipality ordinances and with the laws of the commonwealth.
(8)
Issue denials of zoning approval, a building permit or certificate of occupancy and refer any appeal of the denial to the Zoning Hearing Board for action thereon.
(9)
Conduct inspections and surveys to determine compliance or noncompliance with this chapter.
(11)
With the approval of the Council, or when directed by the Council, institute in the name of the Municipality any appropriate action or proceeding to prevent unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use; to restrain, correct or abate such violation so as to prevent the occupancy or use of any building, structure or land; or to prevent any illegal act, conduct, business or use in or about such premises.
(12)
Revoke any order or permit issued under a mistake of fact or contrary to the law or the provisions of this chapter.
(13)
Record and file all applications for zoning approvals, building permits and certificates of occupancy with accompanying plans and documents, and maintain those files as a public record.
(14)
Maintain the Zoning District Map for the Municipality.
(16)
Submit a monthly written report to the Council of all building permits, certificates of occupancy, sign permits, temporary use permits and all notices of violation and orders issued.
(17)
Meet with the Planning Commission no less frequently than quarterly to advise the Commission regarding potential developments and to discuss any problems in administering this chapter and/or recommend amendments to this chapter.
§ 220-108 Enforcement.
A.
Violations. Failure to comply with any provisions of this chapter; failure to secure zoning approval or a building permit prior to the erection, construction, extension, structural alteration, addition or occupancy of a building or structure; or failure to secure a certificate of occupancy for the use or change of use or occupancy of structures or land shall be a violation of this chapter.
B.
Enforcement notice. The enforcement notice shall contain the following information:
(1)
The name of the owner of record and any other person against whom the Municipality intends to take action.
(2)
The location of the property in violation.
(3)
The specific violation with a description of the requirements which have not been met, citing in each instance the applicable provisions of this chapter.
(4)
The date before which steps for compliance must be commenced and the date before which the steps must be completed.
(5)
That the recipient of the notice has the right to appeal to the Zoning Hearing Board within a prescribed period of time in accordance with the procedures set forth in this chapter.
(6)
That failure to comply with the notice within the time specified, unless extended by appeal to the Zoning Hearing Board, constitutes a violation, with possible sanctions clearly described.
C.
Enforcement remedies.
(1)
Any person, partnership or corporation who or which has violated or permitted the violation of the provisions of this chapter shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Municipality, pay a judgment of not more than $500 plus all court costs, including reasonable attorney fees incurred by the Municipality as a result thereof. No judgment shall commence or be imposed, levied or be payable until the date of the determination of a violation by the District Justice. If the defendant neither pays nor timely appeals the judgment, the Municipality may enforce the judgment pursuant to the applicable rules of civil procedure.
(2)
Each day that a violation continues shall constitute a separate violation, unless the District Justice, determining that there has been a violation, further determines that there was a good faith basis for the person, partnership or corporation violating this chapter to have believed that there was no such violation, in which event there shall be deemed to have been only one such violation until the 5th day following the date of the determination of a violation by the District Justice, and thereafter each day that a violation continues shall constitute a separate violation. All judgments, costs and reasonable attorney fees collected for the violation of this chapter shall be paid over to the Municipality.
(3)
The Court of Common Pleas, upon petition, may grant an order of stay, upon cause shown, tolling the per diem fine pending a final adjudication of the violation and judgment.
(4)
Nothing contained in this subsection shall be construed or interpreted to grant to any person or entity other than the Municipality the right to commence any action for enforcement pursuant to this subsection.
D.
Causes of action. In case any building or structure is erected, constructed, reconstructed, structurally altered, repaired, converted or maintained or any building or structure or land is used in violation of this chapter or of any other ordinance or regulation made under authority conferred hereby, the Council or, with approval of the Council, the Zoning Officer or other proper official, in addition to other remedies, may institute in the name of the Municipality any appropriate action or proceeding to: prevent, restrain, correct or abate such unlawful erection, construction, reconstruction, structural alteration, repair, conversion, maintenance or use; to prevent the occupancy of any building, structure or land; or to prevent any illegal act, conduct, business or use which constitutes a violation.
§ 220-109 Coordination with other requirements and permits.
A.
Applications for permits. In all cases, any application for a permit of any of the types described in this chapter shall be decided not only on the basis of compliance with this Zoning Ordinance, but also on the basis of compliance with all other applicable Municipality ordinances and all other applicable rules and regulations of the various Municipality authorities and agencies which might be concerned, as well as state and federal requirements and permits.
B.
Reasonable accommodation procedure and criteria.
(1)
Persons with a claim for a reasonable accommodation under the Fair Housing Amendments Act or the Americans with Disabilities Act shall submit their request in writing to the Zoning Officer on an application form which shall require that the following information, and such other information as may be reasonably needed to process the request, be provided:
(a)
Specific citation of the Zoning Ordinance provision from which reasonable accommodation is requested;
(b)
The name and address of the applicants;
(c)
The specific description of the reasonable accommodation sought and the particulars, including exact dimensions of any proposed structural or locational accommodation;
(d)
The condition of the applicants for which reasonable accommodation is sought;
(e)
A description of the hardship, if any, that the applicants will incur absent provision of the reasonable accommodation requested;
(f)
A description of any alternative methods of relieving the claimed hardship that have been considered and the reason, if any, why applicants have rejected such alternatives;
(g)
A statement describing why the requested accommodation is necessary to afford the applicants an opportunity equal to a nonhandicapped or nondisabled person to use and enjoy the dwelling in question;
(h)
A description of the manner in which the accommodation, if granted, will be terminated or removed if no longer required to afford equal housing opportunity to handicapped or disabled persons; and
(i)
A statement of any facts indicating whether or not nonhandicapped or nondisabled persons would be permitted to utilize the property in question in a manner similar to that sought by applicants.
(2)
The Zoning Officer may hold any meetings and/or hearings necessary in his discretion to elicit information or argument pertinent to the request for accommodation.
(3)
The Zoning Officer's decision shall be in writing and shall state the reasons for the decision.
(4)
The Zoning Officer shall issue his written decision to the applicants and the Municipality within 30 days of filing of the request for accommodation.
(5)
A request for reasonable accommodation should be directed, in the first instance, to the Zoning Officer. In considering a request for reasonable accommodation, the Zoning Officer shall, with the advice and counsel of the Municipality Solicitor, apply the following criteria:
(a)
Whether the applicants are handicapped or disabled within the meaning of the federal Fair Housing Amendments Act or the Americans with Disabilities Act;
(b)
The degree to which the accommodation sought is related to the handicap or disability of the applicants;
(c)
A description of the hardship, if any, that the applicants will incur absent provision of the reasonable accommodation requested;
(d)
The extent to which the requested accommodation is necessary to afford the applicants an opportunity equal to a nonhandicapped or nondisabled person to use and enjoy the dwelling in question;
(e)
The extent to which the proposed accommodation may impact other property owners in the immediate vicinity;
(f)
The extent to which the requested accommodation may be consistent with or contrary to the zoning purposes promoted by the Zoning Ordinance, the Comprehensive Plan and the community development objectives set forth in the Zoning Ordinance;
(g)
The extent to which the requested accommodation would impose financial and administrative burdens upon the Municipality;
(h)
The extent to which the requested accommodation would impose an undue hardship upon the Municipality;
(i)
The extent to which the requested accommodation would require a fundamental alteration in the nature of the Municipality's regulatory policies, objectives and regulations;
(j)
The extent to which the requested accommodation would result in a subsidy, privilege or benefit not available to nonhandicapped or nondisabled persons;
(k)
The permanency of the requested accommodation and the conditions under which such accommodation will be removed, terminated or discontinued when no longer needed to provide handicapped or disabled persons with equal opportunity to use and enjoy the dwelling in question; and
(l)
The extent to which the requested accommodation will increase the value of the property during and after its occupancy by applicants.
§ 220-110 Zoning approval required.
A.
When required.
(1)
No land use may be established or changed; no structure or building may be erected, constructed, reconstructed, structurally altered, razed or removed; and no building or structure may be used or occupied or the use changed until a zoning certificate has been obtained from the Zoning Officer.
(2)
In the instances where a building permit is required and applied for, a zoning certificate shall be prerequisite to the building permit. In those instances where no building permit is required, an application for a certificate of occupancy for a new or changed use of land or structure shall include an application for a zoning certificate.
(3)
In the case of a conditional use or use by special exception, the Zoning Officer shall refer the application to the Planning Commission and Council or to the Zoning Hearing Board, whichever is applicable, for a decision granting zoning approval prior to issuing a zoning certificate. Whenever the approval of a conditional use or use by special exception includes conditions attached to the approval, said conditions shall be incorporated into the zoning certificate.
(4)
In the case of a permitted use, the Zoning Officer shall not issue the zoning certificate unless and until all applicable regulations of this chapter have been met and, in the case of a use for which land development plan approval is required by the Municipality Subdivision and Land Development Ordinance,[1] unless and until final approval of the land development plan has been granted by the Council. Whenever final approval of a land development plan is subject to conditions, those conditions shall be incorporated into the zoning certificate.
B.
Application for zoning certificate. All applications for zoning certificates shall be made in writing by the owner or his authorized agency on a form furnished by the Municipality and shall include a statement of the intended use of the building and a property survey both prepared in duplicate and drawn to scale, and copies of all required county, state and/or federal permits as approved by the appropriate agency and shall include the following information at a minimum:
(1)
All applications for a zoning certificate shall be accompanied by two copies of a property survey, drawn to scale, showing: key location map; graphic scale; North arrow; closest intersecting public road; exact dimensions and total acreage of the lot(s) or parcel; zoning of lots and zoning of all abutting properties; exact location and exterior dimensions of the existing and proposed building(s) or other structure(s); exact location and area of all existing and proposed watercourses, drainageways, rights-of-way and easements; exact location of existing and proposed driveways, streets and roads within, adjacent and opposite to the lot(s) or parcel; exact location of existing and proposed off-street parking, loading and pedestrian movement facilities; exact dimensions of front, side and rear yards for all principal and accessory uses; and any other additional data as may be deemed necessary and be requested by the Zoning Officer to determine compliance with this chapter.
(2)
The Zoning Officer may require an applicant to furnish a survey of the property by a Pennsylvania-registered land surveyor when complete and accurate information is not readily available from existing records.
(3)
The Zoning Officer may require additional data to determine compliance with this chapter. It shall be the duty of the Zoning Officer to review the application to determine if all necessary information has been submitted and request more information of the applicant or officially receive the application for review by the appropriate Municipality agencies. Unless such requirement is waived by the Council, all applications for a zoning certificate shall be accompanied by a fee, to be based upon the fee schedule of the Municipality, as provided for in § 220-116 of this chapter.
C.
Zoning certificate. Upon approval of the application for a zoning certificate, one copy of the approved certificate shall be returned to the applicant. One copy of such certificate shall be kept on file in the Municipality Office.
D.
Denial of zoning certificate. In the event of a denial, the Zoning Officer shall state in writing the reason(s) for such denial, including the citation of the specific section(s) of this or other pertinent ordinances that have not been met.
E.
Inspection. The Zoning Officer, or his duly appointed representative, may make inspections on the property for which an application for a zoning certificate has been submitted or issued.
F.
Failure to obtain zoning certificate. Failure to obtain a zoning certificate shall be a violation of this chapter and shall be subject to the enforcement remedies of this chapter.
§ 220-111 Building permit requirements.
A.
When required. A building permit shall be required in accordance with the requirements of the Municipality Building Code.[1] A zoning certificate shall be prerequisite to obtaining a building permit. Building permits shall not be issued unless the property included in the permit application is a lot of record, as defined by this chapter.
B.
Foundation survey required.
(1)
Within 72 hours of forming the foundation walls of the proposed principal structure, the person to whom the building permit has been issued shall notify the Zoning Officer and shall provide a surveyor's certification of the location of the foundation walls. Within three business days, the Zoning Officer shall notify the holder of the building permit whether the foundation survey is in compliance with this chapter. Failure of the Zoning Officer to act within the time specified shall result in deemed approval of the footer location. If the permittee proceeds with construction during the three-day review period, work shall be at the permittee's own risk.
(2)
Failure to submit the required foundation survey shall be grounds for the Zoning Officer to issue a cease and desist order.
(3)
If the Zoning Officer finds that the foundation survey is not in compliance with the provisions of this chapter and the approved building permit, the Zoning Officer shall require the removal of the footer, or the portion thereof that is not in compliance, by issuing a notice of violation in accordance with the procedures specified in § 220-108B.
§ 220-112 Certificate of occupancy.
A.
A certificate of occupancy indicating compliance with the provisions of this chapter shall be required prior to:
(1)
Occupancy of any structure following completion of construction, reconstruction or enlargement of the structure governed by an approved building permit.
(2)
A change in the use of an existing building, structure, water body or land area except for the same use operated by a different owner.
(3)
A change of a nonconforming use, building or structure authorized by the Zoning Hearing Board.
B.
Application for permit. All requests for a certificate of occupancy shall be made in writing, on a form furnished by the Municipality, completed by the owner or other authorized agent, and shall include a statement of the type of proposed use intended for the building, land or water body.
(1)
A certificate of occupancy for a change of use in an existing building shall be applied for and shall be issued before the new use is established.
(2)
It shall be the duty of the Zoning Officer to review the application to determine if all necessary information has been submitted, to request more information of the applicant or officially receive the application.
C.
Issuance of certificate of occupancy. Applications for a certificate of occupancy shall be reviewed by the Zoning Officer. The Zoning Officer shall issue the findings or approval of the application. Upon approval of the request for a certificate of occupancy, one copy of the certificate shall be given to the applicant and one copy of the certificate shall be kept on file in the Municipality Office.
D.
Denial of certificate of occupancy. In the event of denial, the Zoning Officer shall forward to the applicant a written statement containing the reason(s) for such denial and shall cite the specific requirements of this chapter that have not been met.
E.
Time limitations. A certificate of occupancy shall remain valid for as long as the structure or building is used in the manner the certificate has been issued for.
F.
Temporary certificate of occupancy. A temporary certificate of occupancy may be issued by the Zoning Officer for a period not exceeding six months to permit partial occupancy of a building while work is being completed, provided such temporary certificate of occupancy may require such conditions and safeguards as may be warranted, including posting of surety, to protect the health and safety of the occupants and the public and guarantee compliance with the provisions of this chapter or any conditions attached to the zoning certificate.
G.
Failure to obtain a certificate of occupancy. Failure to obtain a certificate of occupancy shall be a violation of this chapter and shall be subject to enforcement remedies as provided in this chapter.
§ 220-113 Temporary use permits.
A temporary use permit shall be required prior to the initiation of a permitted temporary use of a structure, land or water body and shall meet the following requirements:
A.
Approvals required.
(1)
Temporary uses such as festivals, fairs or other similar activities sponsored by a governmental, local nonprofit, community or charitable organization and operating five or less consecutive days shall be exempt from conditional use requirements or consideration otherwise applicable to any particular district as applied to a permanent facility, provided the Zoning Officer determines compliance with the standards of § 220-33 as a condition precedent to obtaining the temporary use permit under this section.
(2)
Sidewalk sales, carload sales and other special promotions conducted on the site of an existing retail establishment with the permission of the landowner for a period of not more than 72 consecutive hours shall be exempt from obtaining a temporary use permit. Any such activity which exceeds 72 consecutive hours in duration shall be subject to approval by the Zoning Officer of a temporary use permit and this section, provided the Zoning Officer determines compliance with all applicable standards of § 220-33.
B.
Application for permit. All requests for temporary use permits shall be made in writing on a form furnished by the Municipality and shall include a full description of the type of use for which such permit is being sought and the dates during which this use shall be in existence.
(1)
It shall be the duty of the Zoning Officer to review the application for compliance, request more information of the applicant or officially receive the application.
C.
Issuance of permit. Applications for a temporary use permit shall be reviewed by the Zoning Officer. The Zoning Officer shall issue approval or denial of the temporary use permit. Upon approval of the request for a temporary use permit, one copy of the permit shall be given to the applicant. The copy of the permit must be publicly displayed at the site of the temporary use during the existence of the use. One copy of the permit shall be kept on file in the Municipality Office.
D.
Denial of permit. In the event of denial, the Zoning Officer shall forward to the applicant a written statement containing the reason(s) for such denial and shall cite the specific requirements of this chapter that have not been met.
E.
Time limitations. Temporary use permits are valid for the time period(s) specified in this chapter.
F.
Inspections.
(1)
The Zoning Officer, or his fully appointed representative, may make an inspection of the property on which such temporary use is to be located to determine the suitability of the site for the use. This inspection shall be made prior to issuing a permit, prior to initiation of the use or, in the event a renewal of the permit is requested, during the time the use is in existence.
(2)
In the event of such inspection, a record shall be made indicating the time and date of inspection, the findings of the Zoning Officer in regard to conformance with this chapter and other Municipality ordinances, and the opinion of the Zoning Officer in regard to the suitability of the site for this use.
G.
Failure to obtain a temporary use permit. Failure to obtain a temporary use permit shall be a violation of this chapter and shall be subject to enforcement remedies as provided in this chapter.
§ 220-114 Sign permits.
A sign permit shall be required prior to the erection or structural alteration of any sign, either permanent or temporary. It shall be unlawful for any person to commence work for the erection or alteration of any sign until a permit has been issued. No sign permit shall be required for real estate signs, nameplate signs, or official governmental street, road and traffic control signs.
A.
Application for permit. All requests for sign permits shall be made in writing on a form furnished by the Municipality and shall include a full description of the proposed sign, a description of the lot upon which such proposed sign is to be located and a description of any other existing signs on the same lot.
(1)
All applications for a sign permit shall be accompanied by two copies of a drawing, showing width of sign; height of sign; gross surface area of sign; total height of sign above adjacent ground level; clearance between bottommost part of sign and ground level; distance between front edge of sign and adjacent street or road right-of-way; and distance between front edge of sign and inside edge of adjacent sidewalk, if applicable.
(2)
It shall be the duty of the Zoning Officer to review the application for completeness and compliance, request more information of the applicant or officially receive the application for the sign.
B.
Issuance of permit.
(1)
Applications for a permanent sign shall be reviewed by the Planning Commission. The Zoning Officer shall not issue a permit until receipt of review comments of the Planning Commission.
(2)
Applications for a temporary sign permit shall be reviewed by the Zoning Officer.
(3)
Upon approval of the sign permit, one copy of the permit shall be given to the applicant and one copy of the permit shall be kept on file in the Municipality Office.
C.
Denial of permit. In the event of denial, the Zoning Officer shall forward to the applicant a written statement containing the reason(s) for such denial and shall cite the specific requirements of this chapter that have not been met.
D.
Inspections.
(1)
For a permanent sign permit, the Zoning Officer, or his fully appointed representative, may make the following inspections on property on which the permanent sign is to be located: prior to installation of the sign, following installation of the sign, occasionally to determine continued maintenance and compliance with this chapter, in response to any written complaint, whenever the sign is proposed to be replaced or modified and upon cessation of the use for which the sign was erected.
(2)
For a temporary sign permit, the Zoning Officer, or his fully appointed representative, may make inspection(s) to determine conformance with this chapter and other applicable Municipality ordinances and the suitability of the site for this use.
E.
Failure to obtain a sign permit. Failure to obtain a sign permit shall be a violation of this chapter and shall be subject to enforcement remedies as provided in this chapter.
§ 220-115 Procedure for amendments.
The Council may introduce and/or consider amendments to this chapter and to the Zoning District Map, as proposed by the Council or by the Planning Commission or by a petition of landowners of property within the Municipality.
A.
Petitions. Petitions for amendments shall be filed with the Planning Commission at least 15 calendar days prior to the meeting at which the petition is to be heard. In the case of a petition for reclassification of property, the petitioners, upon such filing, shall submit a legal description of the property proposed to be rezoned. All petitions shall include a statement justifying the request and documenting consistency with the Municipality's Comprehensive Plan and a filing fee, in accordance with the fee schedule fixed by resolution of the Council. The Planning Commission shall review the proposed amendment and report its findings and recommendations in writing to the Council.
B.
Referral. Any proposed amendment presented to the Council without written findings and recommendations from the Municipality Planning Commission and the Westmoreland County Planning Commission shall be referred to these agencies for review at least 30 days prior to the public hearing of the Council. The Council shall not hold a public hearing upon such amendments until the required reviews are received or the expiration of 30 days from the date of referral, whichever comes first.
C.
Posting of property. If the proposed amendment involves a change to the Zoning District Map, notice of the public hearing shall be conspicuously posted by the Municipality at points deemed sufficient by the Municipality along the tract to notify potentially interested citizens at least seven days prior to the date of the public hearing.
D.
Public notice and public hearing. Before acting on a proposed amendment, the Council shall hold a public hearing thereon. Public notice, as defined by this chapter, shall be given containing a brief summary of the proposed amendment and reference to the place where copies of the same may be examined.
E.
Readvertisement. If, after any public hearing is held upon a proposed amendment, the amendment is substantially changed or revised to include land not previously affected by the amendment, the Council shall hold another public hearing, pursuant to public notice, before proceeding to vote on the amendment.
F.
Publication, advertisement and availability.
(1)
Proposed amendments shall not be enacted unless the Council gives notice of the proposed enactment, including the time and place of the meeting at which passage will be considered and a reference to the place in the Municipality where copies of the proposed amendment may be examined without charge or obtained for a charge not greater than the cost thereof.
(2)
The Council shall publish the proposed amendment once in a newspaper of general circulation in the Municipality not more than 60 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 Municipality Solicitor setting forth all the provisions in reasonable detail. If the full text is not included:
G.
Action. Within 90 days of the date when the public hearing on the proposed amendment is officially closed, the Council shall vote on the proposed amendment. In the event substantial amendments are made in the proposed amendment, the Council shall readvertise in one newspaper of general circulation in the Municipality a brief summary of the amendments at least 10 days prior to enactment.
H.
Filing amendment with County Planning Commission. Within 30 days after enactment, a copy of the amendment to this chapter shall be forwarded to the Westmoreland County Planning Commission.
§ 220-116 Fees.
The Council shall establish and revise, from time to time, a schedule of fees by resolution, as well as a collection procedure, for all applications submitted under the provisions of this chapter. The schedule of fees shall be available to the public from the Zoning Officer or Municipality Secretary.
§ 220-117 Landowner curative amendments.
A curative amendment may be filed by a landowner who desires to challenge, on substantive grounds, the validity of this chapter or the Zoning District Map or any provision thereof which prohibits or restricts the use or development of land in which he has an interest.
A.
Procedure. The landowner may submit a curative amendment to the Council with a written request that his challenge and proposed amendment be heard and decided as provided in Sections 609.1 and 1004 of the Pennsylvania Municipalities Planning Code, Act 247, as amended. As with other proposed amendments, the curative amendment shall be referred to the Municipality Planning Commission and the Westmoreland County Planning Commission at least 30 days before the hearing is conducted by the Council. Public notice shall be given in accordance with Sections 610, 1004 and other applicable provisions of the Pennsylvania Municipalities Planning Code. The hearings shall be conducted in accordance with the provisions of Subsections (4) through (8) of Section 908 of the Pennsylvania Municipalities Planning Code and all references in that section to the "Zoning Hearing Board" shall be references to the Council.
B.
Evaluation of merits of curative amendment. If the Council determines that a validity challenge has merit, the Council may accept a landowner's curative amendment, with or without revision, or may adopt an alternative amendment which will cure the alleged defects. The Council 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 the Zoning District Map;
(3)
The suitability of the site for the intensity of the 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; and
(5)
The impact of the proposal on the preservation of agriculture and other land uses which are essential to public health and welfare.
C.
Declaration of invalidity by court. If the Municipality does not accept a landowner's curative amendment brought in accordance with this section and a court subsequently rules 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 challenge.