Borough of Lansdale, PA Article XXIII Appeals and Amendments

§ 405-2300 Appeals in jurisdiction. [1]

The following types of appeals are set forth in Articles IX and X-A of the Pennsylvania Municipalities Planning Code,[2] and each has its own procedures as noted.

Type of Appeal	Agency of Jurisdiction	Reference
Validity of ordinance, procedural questions	Montgomery County Court of Common Pleas	§ 405-2301
Validity of ordinance, substantive questions; landowner appeals	Zoning Hearing Board or Lansdale Borough Council	§§ 405-2302, 405-2207, 405-2208
Validity of ordinance, substantive questions; persons aggrieved	Zoning Hearing Board	§§ 405-2303, 405-2207
Appeal of decisions or orders, no validity question involved; landowner appeals	Zoning Hearing Board	§§ 405-2204, 405-2208
Appeal of decisions or orders, no validity question; persons aggrieved	Zoning Hearing Board	§ 405-2305

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

[2] Editor's Note: See 53 P.S. § 10901 et seq. and 53 P.S. § 11001-A et seq., respectively.

§ 405-2301 Validity of ordinance, procedural questions.

Questions of an alleged defect in the process of enactment or adoption of any ordinance or map shall be raised by an appeal taken directly from the action of the Borough Council to the Montgomery County Common Pleas Court not later than 30 days from the effective date of the ordinance or map.

§ 405-2302 Validity of ordinance; substantive questions; landowner appeals.

[Amended 8-4-1993 by Ord. No. 1509[1]]

A. A landowner who, on substantive grounds, desires to challenge the validity of an ordinance or map or any provision thereof which prohibits or restricts the use or development of land in which he has an interest shall submit the challenge either:

(1) To the Zoning Hearing Board under § 405-2207 (Challenges to validity of ordinance or map) or § 405-2208 (Unified appeals); or

(2) To the governing body under Section 909.1(b)(4) of the Municipalities Planning Code, together with a request for a curative amendment under Section 609.1 of the Municipalities Planning Code.[2]

[2] Editor's Note: See 53 P.S. § 10909.1(b)(4) and 53 P.S. § 10609.1, respectively.

B. Persons aggrieved by a use or development permitted on the land of another by an ordinance or map, or any provision thereof, who desires to challenge its validity on substantive grounds shall first submit their challenge to the Zoning Hearing Board for a decision thereon under Section 909.1(a)(1) of the Municipalities Planning Code.[3]

[3] Editor's Note: See 53 P.S. § 10909.1(a)(1).

C. The submissions referred to in Subsections A and B shall be governed by the following:

(1) In challenges before the Zoning Hearing Board, the challenging party shall make a written request to the Board that it hold a hearing on its challenge. The request shall contain the reasons for the challenge. Where the landowner desires to challenge the validity of such ordinance and elects to proceed by curative amendment under Section 609.1,[4] his application to the governing body shall contain, in addition to the requirements of the written request hereof, the plans and explanatory materials describing the use or development proposed by the landowner in lieu of the use or development permitted by the challenged ordinance or map. Such plans or other materials shall not be required to meet the standards prescribed for preliminary, tentative or final approval or for the issuance of a permit, so long as they provide reasonable notice of the proposed use or development and a sufficient basis for evaluating the challenged ordinance or map in light thereof. Nothing herein contained shall preclude the landowner from first seeking a final approval before submitting his challenge.

[4] Editor's Note: See 53 P.S. § 10609.1.

(2) If the submission is made by the landowner to the governing body under Subsection A(2), the request also shall be accompanied by an amendment or amendments to the ordinance proposed by the landowner to cure the alleged defects therein.

(3) If the submission is made to the governing body, the Municipal Solicitor shall represent and advise it at the hearing or hearings referred to in Section 909.1(b)(4).[5]

[5] Editor's Note: See 53 P.S. § 10909.1(b)(4).

(4) The governing body may retain an independent attorney to present the defense of the challenged ordinance or map on its behalf and to present their witnesses on its behalf.

(5) Based upon the testimony presented at the hearing or hearings, the governing body or the Zoning Board, as the case may be, shall determine whether the challenged ordinance or map is defective, as alleged by the landowner. If a challenge heard by a governing body is found to have merit, the governing body shall proceed as provided in Section 609.1.[6] If a challenge heard by a Zoning Hearing Board is found to have merit, the decision of the Zoning Hearing Board shall include recommended amendments to the challenged ordinance which will cure the defects found. In reaching its decision, the Zoning Hearing Board shall consider the amendments, plans and explanatory material submitted by the landowner and shall also consider:

(a) The impact of the proposal upon roads, sewer facilities, water supplies, schools and other public service facilities;

(b) 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;

(c) 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;

(d) 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; and

(e) The impact of the proposal on the preservation of agriculture and other land uses which are essential to public health and welfare.

[6] Editor's Note: See 53 P.S. § 10609.1.

(6) The governing body or the Zoning Hearing Board, as the case may be, shall render its decision within 45 days after the conclusion of the last hearing.

(7) If the governing body or the Zoning Board, as the case may be, fails to act on the landowner's request within the time limits referred to in Subsection C(6), a denial of the request is deemed to have occurred on the 46th day after the close of the last hearing.

D. The Zoning Hearing Board or governing body, as the case may be, shall commence its hearings within 60 days after the request is filed unless the landowner requests or consents to an extension of time.

E. 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.

F. The challenge shall be deemed denied when:

(1) The Zoning Hearing Board or governing body, as the case may be, fails to commence the hearing within the time limits set forth in Subsection D.

(2) The governing body notifies the landowner that it will not adopt the curative amendment;

(3) The governing body adopts another curative amendment which is unacceptable to the landowner; or

(4) The Zoning Hearing Board or governing body, as the case may be, 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 municipality.

G. Where, after the effective date of this act, a curative amendment proposal is approved by the grant of a curative amendment application by the governing body pursuant to Section 909.1(b)(4) or a validity challenge is sustained by the Zoning Hearing Board pursuant to Section 909.1(a)(1) 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 pursuant to Article V or VII.[7] 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) shall apply.[8] Where the proposal appended to the curative amendment application or the validity challenge is approved but does not require further application under any subdivision or land development ordinance, 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.

[7] Editor's Note: See 53 P.S. § 10909.1(b)(4), 53 P.S. § 10909.1(a)(1), 53 P.S. § 10501 et seq., and 53 P.S. § 10701 et seq., respectively.

[8] Editor's Note: See 53 P.S. § 10508(4).

H. A landowner who has challenged on substantive grounds the validity of a zoning ordinance or map either by submission of a curative amendment to the governing body under Subsection A(2) or to the Zoning Hearing Board under Subsection A(1) shall not submit any additional substantive challenges involving the same parcel, group of parcels or part thereof until such time as the status of the landowner's original challenge has been finally determined or withdrawn; provided, however, that if after the date of the landowner's original challenge the municipality adopts a substantially new or different zoning ordinance or Zoning Map, the landowner may file a second substantive challenge to the new or different zoning ordinance or Zoning Map under Subsection A.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 405-2303 Validity of ordinance, substantive questions; appeals by persons aggrieved.

Persons aggrieved by a use or development permitted on the land of another by an ordinance or a map or any provision thereof who desire to challenge its validity on substantive grounds shall submit their challenge to the Zoning Hearing Board as a challenge to the validity of ordinance or map pursuant to § 405-2207 of this chapter. The submission shall be governed by the following:

A. A written request shall be submitted to the Board that it hold a hearing on the challenge. The request shall contain a short statement reasonably informing the Board of the matters at issue and the grounds for the challenge.

B. No person shall be allowed to file any proceedings with the Board later than 30 days after any application for development, preliminary or final, has been approved by an appropriate Borough of Lansdale officer, agency or body if such proceeding is designed to secure reversal or to limit the approval in any manner.

C. The Zoning Hearing Board shall hold a hearing in accordance with § 405-2302C.

D. After submitting his challenge to the Board as provided in this section, any party aggrieved may take the same to the Montgomery County Court of Common Pleas by appeal filed not later than 30 days after notice of the report of the Board is issued.

§ 405-2304 Applications, decisions and orders not involving validity of an ordinance; landowner appeals.

A. A landowner who desires to file a zoning application or to secure review or correction of a decision or order of the Borough Council or of any officer or agency of the Borough which prohibits or restricts the use or development of land in which he has an interest or on the grounds that such decision or order is not authorized by or is contrary to the provisions of an ordinance or map shall proceed as follows:

(1) From a decision of the Borough of Lansdale or Planning Agency under a subdivision or land development ordinance, the landowner may appeal directly to the Montgomery County Court of Common Pleas or to the Zoning Hearing Board under § 405-2208, Unified appeals, in cases where that section is applicable.

(2) To the extent that the Board has jurisdiction of the same under § 405-2203, Jurisdiction, all other appeals shall lie exclusively with the Zoning Hearing Board.

(3) Applications for variances or special exceptions shall be made exclusively to the Zoning Hearing Board.

B. All appeals to the Zoning Hearing Board pursuant to this section shall be filed within 30 days after notice of the decision is issued or, if no decision is made, within 30 days after it is deemed to have been made under the provisions of this chapter and the Municipalities Planning Code, Act 247.[1]

[1] Editor's Note: See 53 P.S. § 10101 et seq.

§ 405-2305 Decisions and orders not involving validity of ordinance; appeals by persons aggrieved.

Application shall be made directly to the Zoning Hearing Board under the provisions of § 405-2303 where such action involves a question of the Zoning Officer's decision or an action by the Borough Council, Planning Commission or other Borough official.

§ 405-2306 Power of amendment.

The Borough Council may from time to time amend, supplement, change, modify or repeal this chapter, including the Zoning Map. When doing so, the Borough Council shall proceed in the manner prescribed in this article.

§ 405-2307 Proposals for amendment.

Proposals for amendment, supplement, change, modification or repeal may be initiated by the Borough Council on its own motion, by the Planning Commission, or by petition by one or more owners of property to be affected by the proposed amendment, subject to the following provisions:

A. Proposals originated by the Borough Council. The Borough Council shall refer every proposed amendment, supplement, change, modification or repeal originated by the Borough Council to the Planning Commission. Within 30 days of the submission of said proposal, the Planning Commission shall submit to the Borough Council a report containing the Commission's recommendation, including any additions or modifications to the original proposals.

B. Proposals originated by the Planning Commission. The Planning Commission may at any time transmit to the Borough Council any proposal for the amendment, supplement, change, modification or repeal of this chapter.

C. Proposals originated by a citizens' petition. Each petition of one or more owners of property to be affected by a proposal for amendment, supplement, change or modification shall be signed and acknowledged and submitted in writing to the Secretary of the Borough Council. On receipt of said petition, the Borough Council shall transmit a copy of the petition to the Planning Commission. For purposes of this section, the area wherein a change in zoning is sought shall be not less than one acre or 300 feet of linear frontage, whichever is less. Within 30 days after its submission to the Planning Commission, the Commission shall submit to the Borough Council a report containing the Commission's recommendations, including any additions to or modifications of the original proposal.

§ 405-2308 Hearings.

[Amended 8-4-1993 by Ord. No. 1509]

No such amendment, supplement, change, modification or repeal shall become effective until a public hearing in relation thereto at which parties in interest and citizens shall have an opportunity to be heard. Public notice of each hearing to consider amendments (except continued hearings) shall be given no more than 30 days and not less than seven days in advance of any public hearing. Such notice shall be published once each week for two consecutive weeks in a newspaper of general circulation within the Borough. Such notice shall state the time and place and the particular nature of the proposed amendment.

§ 405-2309 Time limit after zoning change.

Whenever the Borough Council shall change the zoning classification on any parcel of ground within the Borough upon petition of the property owner and upon representation that a certain use will be made of the property after the change, the property owner shall have a period of one year within which to obtain a building permit and to commence actual construction. Should the property owner fail to commence construction within the stipulated period, the Borough Council will have the right to change the zoning classification of the parcel back to the classification which existed before the rezoning was executed. This provision shall apply to curative amendments as well as to other zoning changes.