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§ 265-1502 LANDOWNER CURATIVE AMENDMENTS

  1. Where a landowner desires to challenge the validity of the ordinance in regards to the regulations involving the use of his property, the landowner shall submit an application for a curative amendment to the Zoning Officer. The application shall include a description of the activity or structure proposed in lieu of that permitted by thereon by the ordinance. A survey of the subject property showing existing structures thereon shall be submitted. The application shall also include a proposed amendment that the landowner presents as a cure for the perceived defect in the ordinance. Additionally, the required fee shall be submitted in accordance with the local municipality’s fee schedule.
  2. Upon acceptance, the Zoning Officer shall forward the application to the Planning Commission and local planning commission for consideration at their next regularly scheduled meeting or if accepted later than 21 days prior thereto, at the following regularly scheduled meeting.
  3. The Borough Council shall conduct a hearing pursuant to public notice within 60 days of the application submission. The Borough Council shall issue a decision within 45 days of the close of the last hearing on the application that may include acceptance, denial, or modified acceptance of the curative amendment. An acceptance or modified approval shall not become effective, however, until it is formally adopted by all three governing bodies within the planning area.
  4. The decision shall be based on the following:
    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 the ordinance or 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 land uses which are essential to public health and welfare.
  5. Where the Borough Council decides to amend the ordinance, the procedures of this article and those otherwise outlined in the Municipalities Planning Code shall apply.
  6. If the Borough Council fails to act on the landowner’s request within the time limits referred to for Municipal Curative Amendments, a denial of the request is deemed to have occurred on the 46th day after the close of the last hearing. The request shall also be deemed denied when:
    1. The Borough Council notifies the landowner that it will not adopt the curative amendment.
    2. The Borough Council adopts another curative amendment, which is unacceptable to the landowner.
    3. The Borough Council 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 Borough Council.
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