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§ 265-1503 MUNICIPAL CURATIVE AMENDMENTS

  1. Where the Borough determines that the Zoning Ordinance or any portion thereof is substantially invalid, each shall take the following actions:
    1. Declare by formal action, that 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, Borough Council shall by resolution make specific findings setting forth the declared invalidity of this Chapter which may include:
      1. References to specific uses which are either not permitted or not permitted in sufficient quantity.
      2. Reference to a class of use or uses which require revision.
      3. Reference to the entire ordinance which requires revisions.
      4. The Borough shall begin to prepare and consider a curative amendment to this Chapter to correct the declared invalidity as per the resolution.
    2. Within 9 months from the date of the declaration and proposal, the respective governing bodies shall enact the amendment to validate, or reaffirm the validity of, its zoning ordinance pursuant to the procedures required by this Article and the Municipalities Planning Code for ordinance amendments, in order to cure the declared invalidity of this Chapter.
    3. The Borough may not again utilize the above procedures and associated protections offered by the Municipalities Planning Code for a period of 36 months following the enactment of the curative amendment.
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