A Zoning Hearing Board is established in order that the objectives
of this chapter be more fully and equitably achieved and a means for
competent interpretation of this chapter provided.
A.
The Zoning Hearing Board shall consist of five residents of the Township
appointed by resolution by the Board of Supervisors. The terms of
office shall be five years and shall be so fixed that the term of
office of one member shall expire each year. The Zoning Hearing Board
shall promptly notify the Board of Supervisors of any vacancies which
occur. Appointments to fill vacancies shall be only for the unexpired
portion of the term. Members of the Zoning Hearing Board shall hold
no other office in the Township.
B.
Alternate members. The Board of Supervisors may appoint by resolution
at least one, but no more than three, residents of the Township to
serve as alternate members of the Zoning Hearing Board, subject to
the following provisions:
(1)
The term of office of an alternate member shall be three years.
(2)
Alternate members shall hold no other office in the Township.
(3)
Any alternate member may participate in any proceeding or discussion
of the Zoning Hearing Board but shall not be entitled to vote as a
member of the Zoning Hearing Board nor receive any compensation (if
such compensation exists) unless designated as a voting alternate
member.
(4)
If by reason of absence or disqualification of a Zoning Hearing
Board member a quorum is not reached, the Chairman of the Zoning Hearing
Board shall designate as many alternate members of the Zoning Hearing
Board to sit on the Zoning Hearing Board as may be needed to provide
a quorum. Any alternate member of the Zoning Hearing Board shall continue
to serve on the Zoning Hearing Board in all proceedings involving
the matter or case for which the alternate member was initially appointed
until the Zoning Hearing Board has made a final determination of the
matter or case. Designation of an alternate member shall be made on
a case-by-case basis in rotation according to declining seniority
among all alternates.
Any Zoning Hearing Board member may be removed for malfeasance,
misfeasance or nonfeasance in office or for other just cause by a
majority vote of the Board of Supervisors, taken after 15 days' advance
notice of the intent to take such a vote. A hearing shall be held
in connection with the vote if the member shall request it in writing.
[Amended 10-2-2001 by Ord. No. 01-14]
A.
Officers. The Zoning Hearing Board shall elect from its own membership
its officers, who shall serve annual terms as such and may succeed
themselves.
B.
Procedures. The Zoning Hearing Board may make, alter and rescind
rules and forms for its procedures consistent with ordinances of the
Township and laws of the commonwealth.
C.
Meetings. Meetings shall be open to the public and shall be at the
call of the Chairman and at such other times as the Zoning Hearing
Board shall specify in its rules of procedure. For the conduct of
any hearing and the taking of any action, a quorum shall be not less
than a majority of all members of the Zoning Hearing Board. The Zoning
Hearing Board may appoint a hearing officer from its own membership
to conduct any hearing on its behalf, and the parties may waive any
further action by the Zoning Hearing Board.
D.
Records and decisions. The Zoning Hearing Board shall keep minutes
of its proceedings, showing the vote of each member upon each question
or, if absent or failing to vote, indicating such fact, and shall
keep records of its examinations and other official actions, all of
which shall be the property of the Township and shall be a public
record. The Zoning Hearing Board shall submit a report of its activities
to the Board of Supervisors as requested by the Board of Supervisors.
E.
Time limits on Zoning Hearing Board decisions. A special exception
or variance authorized by a decision of the Zoning Hearing Board shall
expire if the applicant fails to obtain a building or use and occupancy
permit pursuant thereto within one year from the date of granting
of the special exception or variance.
(1)
If the subject of the use ultimately constitutes either a subdivision
or land development, the special exception or variance shall expire
if the applicant fails to file the required subdivision or land development
plan within one year of the granting of the special exception or variance;
provided that, however:
(a)
The applicant shall have one year after the final record plan
of the subdivision or land development is approved to obtain a building/use
permit.
[Amended 4-21-1992 by Ord. No. 92-6]
A.
Each of the five members of the Zoning Hearing Board shall be compensated
for the exercise of their duties at a rate of $100 per month, regardless
of the number of duly convened public meetings required to be held
during such month.
A.
The Zoning Hearing Board shall have exclusive jurisdiction to hear
and render final adjudications in the following matters:
(1)
Substantive challenges to the validity of any land use ordinance,
except those brought before the Board of Supervisors pursuant to § 500-3114A(2)
of this chapter.[1]
[1]
Editor's Note: See now § 500-3214A(2).
(2)
Challenges to the validity of a land use ordinance raising procedural
questions or alleged defects in the process of enactment or adoption,
which challenges shall be raised by an appeal taken within 30 days
after the effective date of said chapter.
(3)
Appeals from the determination of the Zoning Officer, including,
but not limited to, the granting or denial of any permit or failure
to act on the application therefor or the issuance of any cease and
desist order.
(4)
Appeals from the determination by the Municipal Engineer or
the Zoning Officer with reference to the administration of any floodplain
regulations.
(7)
Appeals from the determination of the Zoning Officer or Municipal
Engineer in the administration of any land use ordinance or provision
thereof with reference to sedimentation and erosion control and stormwater
management insofar as the same relate to development not involving
an application for a subdivision or land development.
B.
The Board of Supervisors shall have exclusive jurisdiction to hear
and render final adjudications in the following matters:
(1)
All applications for subdivision and land development pursuant to Chapter 440, Subdivision and Land Development.
(3)
Applications for curative amendments pursuant to § 500-3114A(2)
of this chapter.[5]
[5]
Editor's Note: See now § 500-3214A(2).
(5)
Appeals from the determination of the Zoning Officer or the
Municipal Engineer in the administration of any land use ordinance
or provisions thereof with reference to sedimentation and erosion
control and stormwater management insofar as the same relate to applications
for subdivision or land development.
A.
Applicability. Upon appeal from a decision by the Zoning Officer,
the Zoning Hearing Board shall have the power to vary or adapt the
strict application of any of the requirements of this chapter where,
by reason of exceptional narrowness, shallowness or shape of a specific
piece of property at the time of the enactment of the chapter or by
reason of exceptional topographic conditions or other extraordinary
and exceptional situation or condition on such piece of property,
the strict application of any regulation enacted under this chapter
would result in peculiar and exceptional and undue hardship upon the
owner of such property, but in no other case.
B.
Condition. In general, the power to authorize a variance from the
terms of this chapter shall be sparingly exercised and only under
peculiar and exceptional circumstances.
C.
Requirements and standards. No variance in the strict application
of the provisions of this chapter shall be granted by the Zoning Hearing
Board unless the Zoning Hearing Board finds that the requirements
and standards are satisfied.
(1)
The applicant must prove that the variance will not be contrary
to the public interest and that practical difficulty and unnecessary
hardship will result if it is not granted. In particular, the applicant
shall establish and substantiate that the request for the variance
is in conformance with all the requirements and standards listed below:
(a)
That there are unique physical circumstances or conditions,
including irregularity, narrowness or shallowness of lot size or shape,
or exceptional topographical or other physical conditions peculiar
to the particular property, and that the unnecessary hardship is due
to such conditions and not the circumstances or conditions generally
created by the provisions of this chapter in the neighborhood or district
in which the property is located.
(b)
That, because of such physical circumstances or conditions,
there is no possibility that the property can be developed in strict
conformity with the provisions of this chapter and that the authorization
of a variance is, therefore, necessary to enable the reasonable use
of the property.
(c)
That such unnecessary hardship has not been created by the applicant
or that the applicant at the time that he purchased the property was
not aware or could not reasonably have been expected to be aware of
the zoning classification and restrictions placed on the property
or the circumstances giving rise to the hardship.
(d)
That the variance, if authorized, will not alter the essential
character of the neighborhood or district in which the property is
located, nor substantially or permanently impair the appropriate use
or development of adjacent property, nor be detrimental to the public
welfare.
(e)
That the variance, if authorized, will represent the minimum
variance that will afford relief and will represent the least modification
possible of the regulation in issue.
(2)
In granting any variance, the Zoning Hearing Board may attach
reasonable conditions and safeguards as may be necessary to implement
the purposes of this chapter.
A.
Applicability. The Zoning Hearing Board shall have the power to approve
special exceptions when this chapter specifically requires the obtaining
of such approval and for no other use or purpose.
B.
Conditions and standards. In granting a special exception, the Zoning
Hearing Board shall make findings of fact consistent with the provisions
of this chapter. The Zoning Hearing Board shall not approve a special
exception except in conformance with the conditions and standards
outlined in this chapter.
C.
General requirements and standards applicable to all special exceptions.
(1)
The Zoning Hearing Board shall grant a special exception only
if it finds adequate evidence that any proposed development submitted
will meet all of the following general requirements listed herein,
as well as any specific requirements and standards for the proposed
use. The Zoning Hearing Board shall, among other things, require that
any proposed use and location be:
(a)
In accordance with the Comprehensive Plan and § 500-104 of this chapter and consistent with the spirit, purposes and intent of this chapter.
(b)
In the best interests of the Township, the convenience of the
community, the public welfare, and be a substantial improvement to
property in the immediate vicinity.
(c)
Suitable for the property in question and designed, constructed,
operated and maintained so as to be in harmony with and appropriate
in appearance to the existing or intended character of the general
vicinity.
(d)
Appropriate in terms of its effect upon the logical, efficient
and economical extension of public services and facilities such as
public water, sewer, police and fire protection, and public schools.
(e)
Guide the development of state highway frontage insofar as possible
so as to limit the total number of access points and encourage the
fronting of buildings on parallel marginal roads or on roads perpendicular
to the highway.
(f)
Adequate with regard to sanitation and public safety provisions.
Where required or deemed advisable, a certificate of adequacy of sewage
and water facilities from a governmental health agency shall be provided.
(g)
Require that all commercial or industrial parking, loading,
access or service areas be adequately illuminated at night while in
use, and that such lighting, including sign lighting, shall be arranged
so as to protect the highway and neighboring properties from direct
glare or hazardous interference of any kind.
(h)
In conformance with all applicable requirements of this chapter
and all municipal ordinances.
(i)
Suitable in terms of effects on highway traffic and safety,
with adequate access arrangements to protect streets from undue congestion
and hazard.
(j)
In accordance with sound standards of subdivision and land development
practice, where applicable.
(2)
The Zoning Hearing Board may impose whatever conditions regarding
layout, circulation and performance it deems necessary to ensure that
any proposed development will secure substantially the objectives
of this chapter.
(3)
The Zoning Hearing Board shall refuse an application for special
exception where opponents to the application establish by a preponderance
of evidence that the application is contrary to the health, safety
and morals or general welfare of the community at large.
D.
Transportation impact study. A transportation impact study shall
be submitted with an application for a special exception when the
proposed use meets the applicability criteria set forth in § 500-3205C
of this chapter.[1]
(2)
The Zoning Hearing Board shall review the impact study to analyze
its adequacy in solving any traffic problems that will occur due to
the proposed use. The Zoning Hearing Board shall consider the impact
study and the analysis of the impact study before the application
is allowed or denied. In acting on the application, the Zoning Hearing
Board may, if adverse impacts or major problems are identified:
[Amended 10-2-2001 by Ord. No. 01-14]
A.
Applicability. The Board of Supervisors shall have the power to approve
conditional uses when this chapter specifically requires the obtaining
of such approval, and for no other use or purpose.
B.
Conditions and standards. In granting a conditional use, the Board
of Supervisors shall make findings of fact consistent with the provisions
of this chapter. The Board of Supervisors shall not approve a conditional
use except in conformance with the conditions and standards outlined
in this chapter.
C.
General requirements and standards applicable to all conditional
uses. The Board of Supervisors shall grant a conditional use only
if it finds adequate evidence that any proposed development submitted
will meet all of the following general requirements listed herein
as well as any specific requirements and standards for the proposed
use. The Board of Supervisors shall, among other things, require that
any proposed use and location be:
(1)
In accordance with the Comprehensive Plan and § 500-104 of this chapter and consistent with the spirit, purposes and intent of this chapter.
(2)
In the best interests of the Township, the convenience of the
community, the public welfare, and be a substantial improvement to
the property in the immediate vicinity.
(3)
Suitable for the property in question and designed, constructed,
operated and maintained so as to be in harmony with and appropriate
in appearance to the existing or intended character of the general
vicinity.
(4)
Appropriate in terms of its effect upon the logical, efficient
and economical extension of public services and facilities such as
public water, sewer, police and fire protection, and public schools.
(5)
Guide the development of state highway frontage insofar as possible
so as to limit the total number of access points and encourage the
fronting of buildings on parallel marginal roads or on roads perpendicular
to the highway.
(6)
Adequate with regard to sanitation and public safety provisions.
Where required or deemed advisable, a certificate of adequacy of sewage
and water facilities from the applicable water/sewer agency and, where
necessary, the Bucks County Health Department and/or the Pennsylvania
Department of Environmental Protection shall be provided.
(7)
Require that all commercial or industrial parking, loading,
access or service areas be adequately illuminated at night while in
use, and that such lighting, including sign lighting, shall be arranged
so as to protect the highway and neighboring properties from direct
glare or hazardous interference of any kind.
(8)
In conformance with all applicable requirements of this chapter
and all municipal ordinances.
(9)
Suitable in terms of effects on highway traffic and safety with
adequate access arrangements to protect streets from undue congestion
and hazard.
(10)
In accordance with sound standards of subdivision and land development
practice where applicable.
D.
The Board of Supervisors may attach such reasonable conditions and
safeguards, other than those related to off-site transportation or
road improvements, in addition to those expressed in this chapter,
as it may deem necessary to implement the purposes of this chapter.
E.
Review by the Planning Commission. The Board of Supervisors shall
request an advisory opinion from the Planning Commission on any application
for a conditional use. The Planning Commission shall submit a report
of such advisory opinion prior to the date of the public hearing held
by the Board of Supervisors on an application.
F.
The Board of Supervisors shall refuse an application for conditional
use where opponents to the application establish by a preponderance
of evidence that the application is contrary to the health, safety
and morals or general welfare of the community at large.
G.
Transportation impact study. A transportation impact study shall
be submitted with an application for a conditional use when the proposed
use meets the applicability criteria set forth in § 500-3205C
of this chapter.[1]
(2)
The Board of Supervisors shall review the impact study to analyze
its adequacy in solving any traffic problems that will occur due to
the proposed use. The Board of Supervisors shall consider the impact
study and the analysis of the impact study before the application
is allowed or denied. In acting on the application, the Board of Supervisors
may, if adverse impacts or major problems are identified:
H.
Conditional use applications shall be governed by the following:
(1)
The landowner shall make a written request to the Board of Supervisors
that it hold a hearing on his application. The request shall contain
a statement reasonably informing the Board of Supervisors of the matters
that are in issue.
(2)
The application shall be accompanied by plans and other material
describing the use or development proposed. Such plans and other materials
shall provide a sufficient basis for evaluating the applicant's request.
Information required by this chapter shall accompany the application.
(3)
The Board of Supervisors shall hold a hearing pursuant to public
notice upon the request, commencing not later than 60 days after the
request is filed, unless the applicant requests or consents in writing
to an extension of time. In addition, the Board shall render a written
decision within 45 days after the last hearing.
J.
Fees. The applicant for any hearing on a conditional use request
before the Board of Supervisors shall at the time of making application
pay a fee in accordance with a fee schedule adopted by resolution
of the Board of Supervisors, or as such schedule may be amended from
time to time. In addition, an escrow deposit may be required, as established
by resolution of the Board of Supervisors.
A.
The applicant for any hearing before the Zoning Hearing Board shall
at the time of making application pay the Zoning Officer, for the
use of the municipality, a fee in accordance with a fee schedule adopted
by resolution of the Board of Supervisors, and as such schedule may
be amended from time to time. In addition, an escrow deposit may be
required. The escrow deposit requirements shall be set from time to
time by resolution of the Board of Supervisors.
B.
The total fees payable for any one application shall be determined
by the total number of specific reliefs separately sought, and the
inclusion of more than one relief sought in any one application or
application form will not avoid the obligation of the applicant to
pay the multiple fees in accordance with the adopted fee schedule.
C.
The Zoning Officer shall, subject to the modification of the Board,
determine the actual nature and number of specific reliefs sought
by any one application. Such determination shall be irrespective of
the use by the respective applicant in his application of the descriptive
terms "variance," "special exception" or "appeal," unless otherwise
so indicated by the application.
Hearings pursuant to this chapter shall be held by the Zoning
Hearing Board in accordance with the following requirements.
A.
Public notice shall be given and written notice shall be given to
the applicant, the Zoning Officer, such other persons as the Board
of Supervisors shall designate by ordinance and to any person who
has made timely request for the same. Written notices shall be given
at such time and in such manner as shall be prescribed by ordinance
or, in the absence of ordinance provision, by rules of the Zoning
Hearing Board. In addition to the written notice provided herein,
written notice of said hearing shall be conspicuously posted on the
affected tract of land at least one week prior to the hearing.
B.
The Board of Supervisors may prescribe reasonable fees by resolution
with respect to hearings before the Zoning Hearing Board. Fees for
said hearings may include compensation for the Secretary and members
of the Zoning Hearing Board, notice and advertising costs and necessary
administrative overhead connected with the hearing. The costs, however,
shall not include legal expenses of the Zoning Hearing Board, expenses
for engineering, architectural or other technical consultants or expert
witness costs.
C.
The hearing shall be held within 60 days from the date of the applicant's
request, unless the applicant has agreed in writing to an extension
of time.
D.
The hearing shall be conducted by the Zoning Hearing Board, or the
Zoning Hearing Board may appoint any member as a hearing officer.
The decision or, where no decision is called for, the findings shall
be made by the Zoning Hearing Board; however, the appellant or the
applicant, as the case may be, in addition to the municipality, may,
prior to the decision of the hearing, waive decisions or findings
by the Zoning Hearing Board and accept the decision or findings of
the hearing officer as final.
E.
The parties to the hearing shall be the Township, any person affected
by the application who has made timely appearance of record before
the Zoning Hearing Board, and any other person, including civic or
community organizations, permitted to appear by the Zoning Hearing
Board. The Zoning Hearing Board shall have power to require that all
persons who wish to be considered parties enter appearance in writing
on forms provided by the Zoning Hearing Board for that purpose.
F.
The Chairman or Acting Chairman of the Zoning Hearing Board or the
hearing officer presiding shall have power to administer oaths and
issue subpoenas to compel the attendance of witnesses and the production
of relevant documents and papers, including witnesses and documents
requested by the parties.
G.
The parties shall have the right to be represented by counsel and
shall be afforded the opportunity to respond and present evidence
and argument and cross-examine adverse witnesses on all relevant issues.
H.
Formal rules of evidence shall not apply, but irrelevant, immaterial
or unduly repetitious evidence may be excluded.
I.
The Zoning Hearing Board or the hearing officer, as the case maybe,
shall keep a stenographic record of the proceedings. The appearance
fee for a stenographer shall be shared equally by the applicant and
the Zoning Hearing Board. The cost of the original transcript shall
be paid by the Zoning Hearing Board if the transcript is ordered by
the Zoning Hearing Board or hearing officer or shall be paid by the
person appealing from the decision of the Zoning Hearing Board if
such appeal is made, and in either event the cost of additional copies
shall be paid by the person requesting such copy or copies. In other
cases, the party requesting the original transcript shall bear the
cost thereof.
J.
The Zoning Hearing Board or the hearing officer shall not communicate,
directly or indirectly, with any party or his representatives in connection
with any issue involved except upon notice and where all parties have
opportunity to participate. The Zoning Hearing Board or the hearing
officer shall not take notice of any communication, report, staff
memorandum, or other materials, except advice from its solicitor,
unless all parties are afforded an opportunity to contest the material
so noticed, and shall not inspect the site or its surroundings after
the commencement of hearings with any party or his representative
unless all parties are given an opportunity to be present.
K.
The Zoning Hearing Board or the hearing officer, as the case may be, shall render a written decision or, when no decision is called for, make written findings on the application within 45 days after the last hearing before the Zoning Hearing Board or hearing officer. Where the application is contested or denied, each decision shall be accompanied by findings of fact and conclusions based thereon, together with the reasons therefor. Conclusions based on the provisions of any act of the commonwealth or any ordinance, rule or regulation shall contain a reference to the provision relied on and the reasons why the conclusion is deemed appropriate in light of the facts found. If the hearing is conducted by a hearing officer, and there has been no stipulation that his decision or findings are final, the Zoning Hearing Board shall make its report and recommendations available to the parties within 45 days, and the parties shall be entitled to make written representations thereon to the Zoning Hearing Board prior to the final decision or entry or findings, and the Zoning Hearing Board's decision shall be entered no later than 30 days after the report of the hearing officer. Where the Zoning Hearing Board fails to render its decision within the period required by this subsection, or fails to hold the required hearing within 60 days from the date of the applicant's request for a hearing, the decision shall be deemed to have been rendered in favor of the applicant unless the applicant has agreed in writing or on the record to an extension of time. When a decision has been rendered in favor of the applicant because of the failure of the Zoning Hearing Board to meet or render a decision as hereinabove provided, the Zoning Hearing Board shall give public notice of said decision within 10 days from the last day it could have met to render a decision in the same manner as provided in Subsection A of this section. If the Zoning Hearing Board shall fail to provide such notice, the applicant may do so. Nothing in this subsection shall prejudice the right of any party opposing the application to appeal the decision to a court of competent jurisdiction.
L.
A copy of the final decision or, where no decision is called for,
of the findings shall be delivered to the applicant personally or
mailed to him not later than the day following its date. To all other
persons who have filed their name and address with the Zoning Hearing
Board not later than the last day of the hearing, the Zoning Hearing
Board shall provide by mail or otherwise brief notice of the decision
or findings and a statement of the place at which the full decision
or findings may be examined.
A.
Parties to proceedings in Articles IX and X-A of the Pennsylvania Municipalities Planning Code, Act 247, as amended by Act 170 (PA MPC),[1] may utilize mediation as an aid in completing such proceedings. In proceedings before the Zoning Hearing Board, in no case shall the Zoning Hearing Board initiate mediation or participate as a mediating party. Mediation shall supplement, not replace, those procedures in Articles IX and X-A of the PA MPC once they have been formally initiated. Nothing in this section shall be interpreted as expanding or limiting municipal police powers or as modifying any principles of substantive law.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B.
Participation in mediation shall be wholly voluntary. The appropriateness
of mediation shall be determined by the particulars of each case and
the willingness of the parties to negotiate. The municipality shall
assure that in each case, the mediating parties, assisted by the mediator
as appropriate, develop terms and conditions for:
(1)
Funding mediation.
(2)
Selecting a mediator who, at a minimum, shall have a working
knowledge of municipal zoning and subdivision procedures and demonstrated
skills in mediation.
(3)
Completing mediation, including time limits for such completion.
(4)
Suspending time limits otherwise authorized in the PA MPC, provided
there is written consent by the mediating parties and by an applicant
or municipal decisionmaking body if either is not a party to the mediation.
(5)
Identifying all parties and affording them the opportunity to
participate.
(6)
Subject to legal restraints, determining whether some or all
of the mediation sessions shall be open or closed to the public.
(7)
Assuring that mediated solutions are in writing and signed by
the parties and become subject to review and approval by the appropriate
decisionmaking body pursuant to the authorized procedures set forth
in the PA MPC.
C.
No offers or statements made in the mediation sessions, excluding
the final written mediated agreement, shall be admissible as evidence
in any subsequent judicial or administrative proceedings.
Appeals under § 500-3106A(1), (2), (3), (4) and (7)
of this chapter[1] may be filed with the Zoning Hearing Board, in writing, by the landowner affected, any officer or agency of the Township, or any person aggrieved. Requests for a variance under § 500-3107[2] and for special exception under § 500-3108 of
this chapter[3] may be filed with the Zoning Hearing Board by any landowner
or any tenant with the permission of such landowner.
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:
B.
Persons aggrieved by a use or development permitted on the land of
another by an ordinance or map, or any provision thereof, who desire
to challenge its validity on substantive grounds shall first submit
their challenge to the Zoning Hearing Board for a decision thereon
under § 500-3106A(1) of this chapter.[3]
[3]
Editor's Note: See now § 500-3206A(1).
C.
(1)
In challenges before the Zoning Hearing Board, the challenging
party shall make a written request to the Zoning Hearing 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,
his application to the Board of Supervisors 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 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.
(2)
If the submission is made by the landowner to the Board of Supervisors 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 Board of Supervisors, the Township
Solicitor shall represent and advise it at the hearing or hearings.
(4)
The Board of Supervisors may retain an independent attorney
to present the defense of the challenged ordinance or map on its behalf
and to present its witnesses on its behalf.
(5)
Based upon the testimony presented at the hearing or hearings,
the Board of Supervisors or the Zoning Hearing 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 the
Board of Supervisors is found to have merit, the Board of Supervisors
may accept a landowner's curative amendment, with or without revision,
or may adopt an alternative amendment which will cure the challenged
defects. If a challenge heard by the 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
or the Board of Supervisors, as the case may be, 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 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, aquifers, 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.
(e)
The impact of the proposal on the preservation of agriculture
and other land uses which are essential to public health and welfare.
(f)
The Board of Supervisors or the Zoning Hearing Board, as the
case may be, shall render its decision within 45 days after the conclusion
of the last hearing.
D.
The Zoning Board or Board of Supervisors, 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 Board of Supervisors, as the case may be, fails to commence the hearing within the time limits set forth in Subsection D.
(2)
The Board of Supervisors notifies the landowner that it will
not adopt the curative amendment.
(3)
The Board of Supervisors adopts another curative amendment which
is unacceptable to the landowner.
(4)
The Zoning Hearing Board or Board of Supervisors, 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 Township.
G.
Where, after the effective date of this chapter, a curative amendment
proposal is approved by the grant of a curative amendment application
by the Board of Supervisors pursuant to § 500-3106B(3) of
this chapter[4] or a validity challenge is sustained by the Zoning Hearing
Board pursuant to § 500-3106A of this chapter[5] or the court as 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 approval pursuant to Chapter 440, Subdivision and Land Development. Within the two-year period, no subsequent change or amendment in the zoning, subdivision and land development 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. 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 and land development 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.
[4]
Editor's Note: See now § 500-3206B(3).
H.
If a municipality does not accept a landowner's curative amendment
and a court subsequently rules that the challenge has merit, the court's
decision shall not result in a declaration of invalidity for the entire
Zoning Ordinance and Map but only for those provisions which specifically
relate to the landowner's curative amendment and challenge.
All appeals from all land use decisions rendered pursuant to
this article shall be taken to the Court of Common Pleas of the judicial
district wherein the land is located and shall be filed within 30
days after entry of the decision or, in the case of a deemed decision,
within 30 days after the notice of said deemed decision is given as
set forth in § 500-3111K of this chapter.[1]
