Public hearing. Before hearing and enacting Zoning Ordinance and/or Zoning Map amendments, the Board of Supervisors shall conduct a public hearing to inform the general public of the nature of the amendment and to obtain public comment. Such public hearing shall be conducted after public notice, as defined herein and listed below, has been given.

Public notice. Before conducting a public hearing, the Board of Supervisors shall provide public notice as follows:

Enactment notice. In addition to the public notice requirements defined herein, the Board of Supervisors must publish a reference to the time and place of the meeting at which passage of the ordinance or amendment will be considered and a reference to a place within the municipality where copies of the proposed ordinance or amendment may be examined without charge or obtained for a charge not greater than the cost thereof. The enactment notice shall be published at least once in one newspaper of general circulation in the municipality not more than 60 days nor less than seven days prior to passage. The published content of the enactment notice shall be the same as that required for public notice described in the preceding Subsection B.

Township Planning Commission referrals.

York County Planning Commission referrals. All proposed amendments shall be submitted to the York County Planning Commission at least 30 days prior to the public hearing on such amendments. The Commission may submit recommendations to the Board of Supervisors; however, if the York County Planning Commission fails to act within 30 days, the Board of Supervisors may proceed without its recommendations.

Adjournment of public hearing. If, during the public hearing process, the Board of Supervisors needs additional time to understand the proposal, inform the public, receive public comment and/or render a decision, it may adjourn the public hearing to a time and place certain.

Within 30 days after enactment, a copy of the amendment to this chapter shall be forwarded to the York County Planning Commission.

In reviewing the curative amendment, the Board of Supervisors may deny the request, accept the request as submitted or may adopt an alternative amendment which will cure the challenged defects. The governing body shall consider the curative amendments, plans and explanatory material submitted by the landowner and shall also consider:

The governing body shall render its decision within 45 days after the conclusion of the last hearing.

If the governing body fails to act on the landowner's request within the time limits referred to in Subsection B, a denial of the request is deemed to have occurred on the 46th day after the close of the last hearing.

Public notice of the hearing shall include notice that the validity of the ordinance or 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.

The challenge shall be deemed denied when:

Where, after the effective date of the Act,[3] a curative amendment proposal is approved by the grant of a curative amendment application by the governing body pursuant to this section or a validity challenge is sustained by the Zoning Hearing Board pursuant to § 150-298, or the court acts finally on appeal from denial of a curative amendment proposal or a validity challenge, and the proposal or challenge 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 preliminary or tentative approval for a subdivision, land development or planned residential development. Within the two-year period, no subsequent change or amendment in the zoning, subdivision 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 or the sustained validity challenge. Upon the filing of the preliminary or tentative plan, the provisions of Section 508(4) of the Act[4] shall apply.

Where the proposal appended to the curative amendment application or the validity challenge is approved but does not require further application under any Subdivision and Land Development Ordinance,[5] the developer shall have one year within which to file for a building permit. Within the one-year period, no subsequent change or amendment in the zoning, subdivision 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 or the sustained validity challenge. During these protected periods, the court shall retain or assume jurisdiction for the purpose of awarding such supplemental relief as may be necessary.

The Board of Supervisors, by formal action, may declare this chapter 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 Board of Supervisors shall:

Within 180 days from the date of the declaration and proposal, the Board of Supervisors shall enact a curative amendment to validate or reaffirm the validity of this chapter pursuant to the provisions required by Section 609 of the Act[1] in order to cure the declared invalidity of the ordinance.

Upon the date of the declaration and proposal, the Board of Supervisors shall not be required to entertain or consider any curative amendment filed by a landowner, nor shall the Zoning Hearing Board be required to give a report, upon request, for a challenge to the validity of the ordinance under § 150-298 subsequent to the declaration and proposal, based upon the grounds identical to or substantially similar to those specified in the resolution required by this section. Upon the enactment of a curative amendment to or the reaffirmation of the validity of this chapter, no rights to a cure by amendment or challenge 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 the Board of Supervisors propose to prepare a curative amendment.

The Board of Supervisors, having utilized the procedures as set forth in this section, may not again utilize said procedures for a thirty-six-month period following the date of the enactment of a curative amendment or reaffirmation of the validity of the ordinance; provided, however, that if, after the date of declaration and proposal, there is a substantially new duty or obligation imposed upon the Township by virtue of a Pennsylvania Appellate Court decision, the Board of Supervisors may utilize the provisions of this section to prepare a curative amendment to the ordinance to fulfill this duty or obligation.