MapLink™ | Procedures | Landowner Curative Amendments

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Landowner Curative Amendments
A. A curative amendment may be filed only by a landowner who desires to challenge, on substantive grounds, the validity of this chapter or the Zoning Map or any provision thereof that prohibits or restricts the use or development of land in which they have an interest.
B. The landowner may submit a curative amendment to the Borough Council with a written request that their challenge and proposed amendment be heard and decided as provided in Sections 609.1 and 916.1 of the Pennsylvania Municipalities Planning Code, Act 247, as amended. As with other proposed amendments, the curative amendment shall be referred to the Planning Commission and the Allegheny County Planning Commission at least 30 days before the hearing is conducted by the Borough Council. Public notice shall be given in accordance with Sections 610, 916.1 and any other applicable provision of the Pennsylvania Municipalities Planning Code. The hearings shall be conducted in accordance with the provisions of Subdivisions through of Section 908 of the Pennsylvania Municipalities Planning Code, and all references in that section to the Zoning Hearing Board shall be references to the Borough Council.
C. If the Borough Council determines that a validity challenge has merit, the Borough Council may accept a landowner’s curative amendment, with or without revision, or may adopt an alternative amendment that will cure the challenged defects. The Borough Council shall consider the curative amendments, plans and explanatory material submitted by the landowner and shall also consider:
(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 this chapter 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 the preservation of agriculture and other land uses that are essential to public health and welfare.
D. If the Borough does not accept a landowner’s curative amendment brought in accordance with this section and a court subsequently rules that the challenge has merit, the court’s decision shall not result in a declaration of invalidity for this entire article, but only for those provisions that specifically relate to the landowner’s curative amendment and challenge.

See Article VII: Administration Procedures and Enforcement for more detailed information.