53 Pa. Stat. § 10609.2

Current through P.A. Acts 2020-95, 2020-125
Section 10609.2 - Procedure upon municipal curative amendments

If a municipality determines that its zoning ordinance or any portion thereof is substantially invalid, it shall take the following actions:

(1) A municipality 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:
(i) By resolution make specific findings setting forth the declared invalidity of the zoning ordinance which may include:
(A) references to specific uses which are either not permitted or not permitted in sufficient quantity;
(B) reference to a class of use or uses which require revision; or
(C) reference to the entire ordinance which requires revisions.
(ii) Begin to prepare and consider a curative amendment to the zoning ordinance to correct the declared invalidity.
(2) Within 180 days from the date of the declaration and proposal, the municipality shall enact a curative amendment to validate, or reaffirm the validity of, its zoning ordinance pursuant to the provisions required by section 609 in order to cure the declared invalidity of the zoning ordinance.
(3) Upon the initiation of the procedures, as set forth in clause (1), the governing body shall not be required to entertain or consider any landowner's curative amendment filed under section 609.1 nor shall the zoning hearing board be required to give a report requested under section 909.1 or 916.1 subsequent to the declaration and proposal based upon the grounds identical to or substantially similar to those specified in the resolution required by clause (1)(a). Upon completion of the procedures as set forth in clauses (1) and (2), no rights to a cure pursuant to the provisions of sections 609.1 and 916.1 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.
(4) A municipality having utilized the procedures as set forth in clauses (1) and (2) may not again utilize said procedure for a 36-month period following the date of the enactment of a curative amendment, or reaffirmation of the validity of its zoning ordinance, pursuant to clause (2); provided, however, if after the date of declaration and proposal there is a substantially new duty or obligation imposed upon the municipality by virtue of a change in statute or by virtue of a Pennsylvania Appellate Court decision, the municipality may utilize the provisions of this section to prepare a curative amendment to its ordinance to fulfill said duty or obligation.

53 P.S. § 10609.2

1968, July 31, P.L. 805, No. 247, art. VI, § 609.2, added 1978, Oct. 5, P.L. 1067, No. 249, § 2, imd. effective. Reenacted and amended 1988, Dec. 21, P.L. 1329, No. 170, § 54, effective in 60 days.