The regulations, restrictions and zoning district boundaries set forth in this chapter may from time to time be amended, supplemented, changed or repealed, provided that no such action may be taken until after a public hearing upon such proposal.

When an application for either a special exception or a conditional use has been filed with either the Zoning Hearing Board or Board of Commissioners, as relevant, and the subject matter of such application would ultimately constitute either a land development, as defined in Article II, or a subdivision, as defined in Article II of this chapter, no change or amendment of the zoning, subdivision or other governing ordinance or plans shall affect the decision on such application adversely to the applicant and the applicant shall be entitled to a decision in accordance with the provisions of the governing ordinances or plans as they stood at the time the application was duly filed; provided, further, should such an application be approved by either the Zoning Hearing Board or the Board of Commissioners, as relevant, applicant shall be entitled to proceed with the submission of either land development or subdivision plans within a period of six months or longer or as may be approved by either the Zoning Hearing Board or the Board of Commissioners following the date of such approval in accordance with the provisions of the governing ordinances or plans as they stood at the time the application was duly filed before either the Zoning Hearing Board or the Board of Commissioners, as relevant. If either a land development or subdivision plan is so filed within said period, such plan shall be subject to the provisions of Section 508(1) through (4) of the Pennsylvania Municipalities Planning Code,[1] and specifically to the time limitations of Section 508(4) which shall commence as of the date of filing such land development or subdivision plan.

For the preparation of amendments to zoning ordinances, the procedure set forth in Section 607 of the Pennsylvania Municipalities Planning Code, Act 247, as amended,[1] for the preparation of a proposed zoning ordinance shall be optional.

Before voting on the enactment of an amendment, the Board of Commissioners shall hold a public hearing thereon, pursuant to public notice and pursuant to mailed notice and electronic notice if applicable per 53 P.S. § 10109. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing. The first publication shall not be more than 30 days and the second publication shall not be less than seven days from the date of the hearing. 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 along the tract to notify potentially interested citizens. The affected tract or area shall be posted at least one week prior to the date of the hearing.

In the case of an amendment other than that prepared by the Planning Commission, the Board of Commissioners 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. In addition, when the proposed amendment involves a Zoning Map change, notice of the public hearing shall be mailed by the Township at least 30 days prior to the hearing by regular mail to the addresses where tax bills are sent for all real property located within the area being rezoned. The notice shall include the location, date and time of the public hearing.

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 Board of Commissioners shall hold another public hearing, pursuant to public notice, before proceeding to vote on the amendment.

At least 30 days prior to the public hearing on the amendment by the Township Board of Commissioners, the Township shall submit the proposed amendment to the Allegheny County Department of Economic Development for recommendations.

The Township may offer a mediation option as an aid in completing proceedings authorized by this section. In exercising such an option, the Township and mediating parties shall meet the stipulations and follow the procedures set forth in § 340-97 of this chapter.

Within 30 days after enactment, a copy of the amendment to this chapter shall be forwarded to the Allegheny County Department of Economic Development.

A resolution or request by the Township Board of Commissioners;

An official proposal by the Planning Commission; or

A petition presented to the Township by a landowner, as defined herein.

Upon receipt of a petition for an amendment to this chapter or its map, the Planning Commission shall review the proposal and submit recommendations, with specific reasons in support of either adopting or rejecting the proposal to the Township Board of Commissioners within 60 days of receipt of the petition.

The Planning Commission may hold a public hearing, pursuant to public notice, if it feels the proposal is of such a controversial nature or is so widespread in its jurisdiction that additional testimony should be gathered.

In the case of a petition to change a zoning district boundary, such petition shall be signed by the property owner proposing the amendment. The petition shall contain the legal description of the area proposed to be rezoned.

The Township Board of Commissioners shall review the Planning Commission recommendations and shall call a public hearing, pursuant to public notice, after which the Township Board of Commissioners shall vote approval or disapproval of the proposed amendment within 90 days of the conclusion of the hearing.

When the Township Board of Commissioners proposes an amendment, it shall allow the Planning Commission at least 30 days to review the proposal and submit recommendations before holding a public hearing.

Before holding a public hearing the Township Board of Commissioners shall submit the proposed change to the Allegheny County Department of Economic Development at least 30 days prior to the hearing for recommendation, stating the date of the scheduled hearing.

If a proposed amendment is revised before final approval to include property not previously affected or to further alter the text, the Township Board of Commissioners shall hold another public hearing, pursuant to public notice, before proceeding to vote on the change.

Appeal from a decision of the Township Board of Commissioners on an amendment proposal shall be to the Allegheny County Court of Common Pleas.

A landowner who desires to challenge on substantive grounds the validity of a 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 submit a curative amendment to the Township Board of Commissioners with a written request that his challenge and proposed amendment be heard and decided as provided in this section. The Township Board of Commissioners shall commence a hearing thereon within 60 days of the request. The curative amendment and challenge shall be referred to the Planning Commission as provided in this section and notice of the hearing thereon shall be given as provided in § 340-95.

The hearing shall be conducted in accordance with § 340-95 and all references therein to the Zoning Hearing Board shall, for purposes of this section, be references to the Township Board of Commissioners. If the Township does not accept a landowners curative amendment brought in accordance with this subsection and a court subsequently rules that the challenge has merit, the courts decision shall not result in a declaration of invalidity for the entire zoning ordinance and map, but only for those provisions which specifically relate to the landowner's curative amendment and challenge.

If the Township Board of Commissioners has determined that a validity challenge has merit, they 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 Commissioners shall consider the curative amendments, plans and explanatory material submitted by the landowner and shall also consider:

The Township shall declare by formal action its zoning ordinance, or portions thereof, substantively invalid and propose to prepare a curative amendment to overcome such invalidity. Within 30 days following such declaration and proposal, the governing body of the municipality shall:

Within 180 days from the date of the declaration and proposal, the Township shall enact a curative amendment to validate or reaffirm the validity of this chapter pursuant to the provisions required by § 340-109 in order to cure the declared invalidity of this chapter.

Upon the initiation of the procedures, as set forth in this section, the Township Board of Commissioners shall not be required to entertain or consider any landowner's curative amendment filed under § 340-108 nor shall the Zoning Hearing Board be required to give a report requested under §§ 340-98 and 340-102 subsequent to the declaration and proposal based upon grounds identical to or substantially similar to those specified in the resolution required by § 340-109A(1). Upon completion of the procedures as set forth in this section, no rights to a cure pursuant to the provisions of § 340-106 shall, from the date of the declaration and proposal, accrue to any landowner on the basis of the substantive invalidity of the unamended zoning ordinance for which there has been a curative amendment pursuant to this section.

The Township, having utilized the procedures as set forth in this section and § 340-109, may not again utilize said procedure for a thirty-six-month period following the date of the enactment of a curative amendment, or reaffirmation of the validity of this chapter, pursuant to 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 Pennsylvania Appellate Court decision, the Township may utilize the provisions of this section to prepare a curative amendment to its ordinance to fulfill said duty or obligation.