Borough of Summit Hill, PA Article XII Zoning Hearing Board and Other Administrative Proceedings

§ 475-49 Zoning Hearing Board membership, organization, operation.

A. Creation and membership. There is hereby created, to be appointed by resolution of Borough Council, a Zoning Hearing Board ("Board"), consisting of three residents. The terms of office shall be three years and shall be so fixed that the term of office of one member of the three-member Board shall expire each year. The Board shall promptly notify the Borough Council of any vacancies which occur. Appointments to fill vacancies shall be only for the unexpired portion of the term. Members of the Board shall hold no other office in the Borough.

B. Removal of members. Any Board member may be removed for malfeasance, misfeasance, or nonfeasance in office or for other just cause by a majority vote of the Borough Council which appointed the member, taken after the member has received 15 days' advance notice of the charges and 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.

C. Organization of Board.

(1) The Board shall elect from its own membership its officers, who shall serve annual terms as such and may succeed themselves. 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 Board, but the Board may appoint a Hearing Officer from its own membership to conduct any hearing on its behalf and the parties may waive further action by the Board.

(2) The Board may make, alter, and rescind rules and forms for its procedure, consistent with the ordinance of the Borough and laws of the commonwealth. The Board shall keep full public records of its business, which records shall be the property of the Borough, and shall submit a report to the Borough Council as requested by it.

D. Expenditures for services. Within the limits of funds appropriated by the Borough Council, the Board may employ or contract for secretaries, clerks, legal counsel, consultants and other technical and clerical services. Members of the Board may receive compensation for the performance of their duties, as may be fixed by the Borough Council, but in no case shall it exceed the rate of compensation authorized to the paid to the members of the Borough Council.

E. Meetings. Meetings shall be held at the call of the Board Chairman and at such other times as appeals are brought before the Board.

§ 475-50 Hearings.

The Board shall conduct hearings and make decisions in accordance with the following requirements:

A. Notice of hearings. Public notice shall be given, and written notice shall be given to the applicant, the Zoning Officer and to any person who has made timely request for the same.

(1) Public notice. Public notice of a hearing before the Zoning Hearing Board shall be published once each week for two consecutive weeks in a newspaper of general circulation in the Borough. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing. The first publication shall not be more than 30 days and the second publication not be less than seven days from the date of the hearing.

(2) Written notice. Written notice of a hearing before the Zoning Hearing Board shall be given by direct individual notice mailed, handed or delivered at least seven days prior to the date of the hearing.

(3) Posting of property. In addition to the written notice provided herein, written notice of said hearing shall be conspicuously posted on the affected tract of land by the Zoning Officer at least one week prior to the hearing.

B. Hearing fees. Hearing fees 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 shall not include legal expenses of the Zoning Hearing Board, expenses for engineering, architectural or other technical consultants or expert witness costs.

C. Hearing schedule. The hearing shall be held within 60 days from the date the applicant's request for a hearing was accepted by the Zoning Officer, unless the applicant has agreed, in writing, to an extension of time.

D. Hearing Officer. The hearing shall be conducted by the Board or the 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 Board; however, the appellant or the applicant, as the case may be, in addition to the Borough, may, prior to the decision of the hearing, waive decision or findings by the Board and accept the decision or findings of the Hearing Officer as final.

E. Parties to the hearing. The parties to the hearing shall be the Borough, any person affected by the application who has made timely appearance of record before the Board, and any other person, including civic or community organizations, permitted to appear by the Board. The Board shall have the power to require that all persons who wish to be considered parties enter appearances, in writing, on forms provided by the Board for that purpose.

F. Oaths and subpoenas. The Chairman or Acting Chairman of the Board or the Hearing Officer presiding shall have the power to administer oaths and issue subpoenas to compel the attendance of witnesses and documents requested by the parties.

G. Representation by counsel. 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. Rules of evidence. Formal rules of evidence shall not apply, but irrelevant, immaterial, or unduly repetitious evidence may be excluded.

I. Stenographic record. The Board or Hearing Officer, as the case may be, shall keep a stenographic record of the proceedings; the appearance fee for a stenographer shall be shared equally by the applicant and the Board. The cost of the original transcript shall be paid by the Board if the transcript is ordered by the Board or Hearing Officer or shall be paid by the person requesting such copy. In other cases the party requesting the original transcript shall bear the cost.

J. Conduct of Board or Hearing Officer. The 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 opportunity for all parties to participate; shall not take notice of any communication, reports, staff memoranda, or other materials 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. Written decision of findings.

(1) The 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 Board or Hearing Officer.

(2) Where the application is contested or denied, each decision shall be accompanied by findings of fact and conclusions together with the reasons. Conclusions based on any provisions of the Pennsylvania Municipalities Planning Code (Act 247, as amended)[1] or of any ordinance, rule or regulation shall contain a reference to the provision relied on and the reasons why the conclusion is deemed appropriate in the light of the facts found.

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

(3) If the hearing is conducted by a Hearing Officer and there has been no stipulation that his decisions or findings are final, the Board shall make his report and recommendations available to the parties within 45 days, and the parties shall be entitled to make written representations thereon to the Board prior to the final decision or entry of findings, and the Board's decision shall be entered no later than 30 days after the decision of the Hearing Officer.

(4) Where the Board fails to render the 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 have been deemed to have been rendered in favor of the applicant unless the applicant has agreed, in writing, to an extension of time.

(5) When a decision has been rendered in favor of the applicant because of the failure of the Board to meet or render a decision, the Board shall give public notice of said decision within 10 days of the last day it could have met to render a decision in the same manner as provided in Subsection K(1) of this section; if the 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. Copy of final decision or findings:

(1) 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.

(2) To all other persons who have filed their name and address with the Board, the Board shall provide, by mail or otherwise, brief notice of the decision of findings and a statement of the place at which the full decision or findings may be examined.

§ 475-51 Mediation option.

A. Parties to proceedings. Parties to proceedings authorized in this article 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 mediation party.

B. Supplemental roles of mediation. Mediation shall supplement, not replace, those procedures in this article and Article XIII, Appeals to Court, 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.

C. Rules for mediation. 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 Borough 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 Pennsylvania Municipalities Planning Code (Act 247, as amended),[1] 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.

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

(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 of closed to the public.

(7) Assuring that mediated solution 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 other sections of this chapter.

D. Admissibility as evidence. No offers or statements in the mediation sessions, excluding the final written mediated agreement, shall be admissible as evidence in any subsequent judicial or administrative proceedings.

§ 475-52 Jurisdiction.

A. Jurisdiction of Zoning Hearing Board. The Zoning Hearing Board shall have exclusive jurisdiction to hear and render final adjudications on the following matter:

(1) Substantive challenges to validity of land use ordinances. Substantive challenges to the validity of any land use ordinance, except those brought before the Borough Council pursuant to § 475-72, Procedures for landowner curative amendments.

(2) Challenges to validity of land use ordinances on procedures. 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 ordinance.

(3) Appeals from the Zoning Officer. 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, the issuance of any cease and desist order or the registration or refusal to register any nonconforming use, structure, or lot.

(4) Appeals from determination on floodplain matters. Appeals from a determination by the Borough Engineer or the Zoning Officer with reference to be administration of any floodplain or flood hazard ordinance or such provisions within a land use ordinance.

(5) Applications for variances. Applications for variances from the terms of this chapter and Chapter 230, Floodplain Management, or such provisions within a land use ordinance, pursuant to § 475-54, below.

(6) Application for special exception uses. Application for special exception uses under this chapter or Chapter 230, Floodplain Management, or such provisions within a land use ordinance, pursuant to § 475-55, below

(7) Appeals from determinations on provisions involving transfers of development rights or performance density. Appeals from the determination of any officer or agency charged with the administration of any transfers of development rights or performance density provisions in this chapter presently or by future amendment.

(8) Appeals from Zoning Officer on procedure to obtain preliminary opinion. Appeals from the Zoning Officer's determination under § 475-60, Procedure to obtain preliminary opinion.

(9) Appeals from determinations on sedimentation and erosion control and stormwater management matters. Appeals from the determination of the Zoning Officer or Borough Engineer in the administration or 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 subdivision and land development and planned residential development applications.

B. Jurisdiction of the Borough Council. The Borough Council, shall have exclusive jurisdiction to hear and render final adjudication in the following matters:

(1) Applications for curative amendment. Applications for curative amendment to this chapter pursuant to § 475-72, Procedures for landowner curative amendments.

(2) Petitions for amendments to land use ordinances. All petitions for amendments to land use ordinances, pursuant to procedures set forth in § 475-70, Procedures of Borough Council. Any action on such petitions shall be deemed legislative acts, provided that nothing contained in this subsection shall be deemed to enlarge or diminish existing law with reference to appeals to court.

(3) Application for conditional uses. The Borough Council shall hear and render decisions on request for conditional uses after recommendation by the Borough Planning Commission.

§ 475-53 Applicability of judicial remedies.

Nothing contained in this article shall be construed to deny the appellant the right to proceed directly to court where appropriate, pursuant to the Pennsylvania Rules of Civil Procedure No. 1091 (relation to action in mandamus).

§ 475-54 Zoning Hearing Board functions: variances.

A. Hearing requests for and grant variances.

(1) The Board shall hear requests for variances where it is alleged that the provisions of this chapter inflict unnecessary hardship upon the applicant. The Board may by rule prescribe the form of application and may require preliminary application to the Zoning Officer.

(2) The Board may grant a variance, provided that all of the following findings are made where relevant in a given case:

(a) That there were 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 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 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 appellant.

(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 MCP Section 910.2(a)(5).[1]

[1] Editor's Note: See 53 P.S. § 10910.2(a)(5).

B. Attach reasonable conditions and safeguards. In granting any variance, the Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of the Pennsylvania Municipalities Planning Code[2] and this chapter.

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

§ 475-55 Zoning Hearing Board functions: special exception uses.

A. Where the Borough Council, in this chapter, has stated special exception uses to be granted or denied by the Board pursuant to express standards and criteria, the Board shall hear and decide requests for such special exception uses in accordance with such standards and criteria.

B. Attach reasonable conditions and safeguards. In granting a special exception use, the Board may attach such reasonable conditions and safeguards, in addition to those expressed in the chapter, as it may deem necessary to implement the purposes of the Pennsylvania Municipalities Planning Code (Act 247, as amended)[1] and this chapter.

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

§ 475-56 Parties appellant before Board.

Appeals under the jurisdiction of the Zoning Hearing Board by § 475-52A(1), (2), (3), (4), (7), (8) and (9) may be filed with the Board, in writing, by the landowner affected, any officer or agency of the Borough, or any person aggrieved. Requests for a variance under § 475-54 and for special exception uses under § 475-55 may be filed with the Board by any landowner or any tenant with the permission of such landowner.

§ 475-57 Time limitations.

A. Time limitations for filing by any person:

(1) No person shall be allowed to file any proceeding with the Board later than 30 days after an application for development, preliminary or final, has been approved by an appropriate municipal officer, agency or body if such proceeding is designed to secure reversal or to limit the approval in any manner unless such person alleges and proves that he had no notice, knowledge, or reason to believe that such approval had been given. If such person has succeeded to his interest after such approval, he shall be bound by the knowledge of his predecessor in interest.

(2) The failure of anyone, other than the landowner, to appeal from an adverse decision on a tentative plan pursuant to the provisions of this chapter for planned residential development findings or from an adverse decision by the Zoning Officer on a challenge to the validity of an ordinance or map pursuant to § 475-60, Procedure to obtain preliminary opinion, shall preclude an appeal from the final approval except in the case where the final submission substantially deviates from the approved tentative approval.

B. Time limitation for filing by landowners. All appeals from determinations adverse to the landowner shall be filed by the landowner within 30 days after notice of the determination is issued.

§ 475-58 Stay of proceedings.

A. Conditions for stay of proceedings during appeal.

(1) Exceptions to stay of land development proceedings. Upon filing of any proceeding referred to in § 475-56 and during its pendency before the Board, all land development pursuant to the challenged ordinance, order or approval of the Zoning Officer or of any agency or body, and all official action thereunder, shall be stayed unless the Zoning Officer or any other appropriate agency or body certifies to the Board facts indicating that such stay would cause imminent peril to life or property, in which case the development or official action shall not be stayed otherwise than by a restraining order, which may be granted by the Board or by the court having jurisdiction of zoning appeals, on petition, after notice to the Zoning Officer or other appropriate agency or body.

(2) Developer's petition for appellant to post bond. When an application for development, preliminary of final, has been duly approved and proceedings designed to reverse or limit the approval are filed with the Board by persons other than the applicant, the applicant may petition the court having jurisdiction of zoning appeals to order such persons to post bond as a condition to continuing the proceedings before the Board.

B. Hearing to determine if filing of appeal is frivolous. After the petition is presented, the court shall hold a hearing to determine if the filing of the appeal is frivolous. At the hearing, evidence may be presented on the merits of the case. It shall be the burden of the applicant for a bond to prove the appeal is frivolous. After consideration of all evidence presented, if the court determines that the appeal is frivolous, it shall grant the petition for a bond. The right to petition the court to order the appellants to post bond may be waived by the appellee, but such waiver may be revoked by him if an appeal is taken from a final decision of the court.

C. Petition for granting bond if petition is frivolous. The question whether or not such petition should be granted and the amount of the bond shall be within the sound discretion of the court. An order directing the responding party to post a bond shall be interlocutory.

D. Appeal by respondent to petition for granting bond. If an appeal is taken by a respondent to the petition for a bond from an order of the court dismissing a zoning appeal for refusal to post a bond and the appellate court sustains the order of the court below to post a bond, the respondent to the petition for a bond, upon motion of the petitioner and after hearing in the court having jurisdiction of zoning appeals, shall be liable for all reasonable costs, expenses and attorney fees incurred by the petitioner.

§ 475-59 Validity; substantive questions.

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

(1) To the Zoning Hearing Board under § 475-52A, Jurisdiction of Zoning Hearing Board; or

(2) To the Borough Council under § 475-52B, Jurisdiction of the Borough Council. Applicants for curative amendment, together with a request for a curative amendment under § 475-72, Procedures for landowner curative amendments.

B. Submission of challenge by persons aggrieved. Persons aggrieved by a use or development permitted on the land of another by an ordinance or map, or any provisions 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 § 475-52A(1), Jurisdiction of Zoning Hearing Board, Substantive challenges to validity of land use ordinances.

C. Rules governing submission of challenges. The submission referred to in Subsections A and B, above, shall be governed by the following:

(1) Challenges before Zoning Hearing Board.

(a) 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 reason for the challenge.

(b) Where the landowner desires to challenge the validity of such ordinance and elects to proceed by curative amendment under § 475-72, Procedures for landowner curative amendments, his application to the Borough Council shall contain 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.

(c) Such plans or other materials shall not be required to meet the standards required 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.

(d) 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 Borough Council under Subsection A(2), above, 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 Borough Council, the Borough solicitor shall represent and advise it at the hearing or hearings referred to in § 475-52B(1), Jurisdiction of the Borough Council, Applications for curative amendments.

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

(5) Determination.

(a) Based upon the testimony presented at the hearing or hearings, the Borough Council or the Zoning Hearing Board, as the case maybe, shall determine whether the challenged ordinance or map is defective, as alleged by the landowner.

(b) If a challenge heard by the Borough Council is found to have merit, the Borough Council shall proceed as provided in § 475-72, Procedures for landowner curative amendments.

(c) 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.

(d) In reaching its decision, the Zoning Hearing Board shall consider the amendments, plans and explanatory material submitted by the landowner and shall also consider:

[1] The impact of the proposal upon road, sewer facilities, water supplies, school 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 the ordinance or map;

[3] The suitability of the site for the intensity of use proposed by the site's soils, slopes, woodlands, wetland, 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; and

[5] The impact of the proposal on the preservation of agricultural and other land uses which are essential to public health and welfare.

(6) If the Borough Council or the Zoning Hearing Board, as the case may be, fails to act on the landowner's request within the time limits a denial of the request is deemed to have occurred on the 46th day after the close of the last hearing.

D. Hearing schedule. The Zoning Hearing Board or the Borough Council, 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 content. Public notice of the hearing shall include notice that the validity of the ordinance or map is in question and shall give the place and time when a copy of the request, including any plans, explanatory material or proposed amendments, may be examined by the public.

F. Deemed denial of challenge. The challenge shall be deemed denied when:

(1) The Zoning Hearing Board or Borough Council, as the case may be, fails to commence the hearing within the time limits set forth;

(2) The Borough Council notifies the landowner that it will not adopt the curative amendment;

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

(4) The Zoning Hearing Board or the Borough Council, 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 limit is extended by mutual consent of the landowner and the Borough.

G. Period for filing application for preliminary or tentative plan approval or for zoning permit.

(1) Time to file application for approval.

(a) Where, after the effective date of this chapter, a curative amendment proposal is approved by the grant of a curative amendment application by the Borough Council, jurisdiction of the Borough Council, applications for curative amendment, or a validity challenge is sustained by the Zoning Hearing Board, jurisdiction of the Zoning Hearing Board, substantive challenges to validity of land use ordinances, 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, Subdivision and Land Development, or Article VII, Planned Residential Development, of the Pennsylvania Municipalities Planning Code (Act 247, as amended).[1]

[1] Editor's Note: See 53 P.S. §§ 10501 et seq. and 10701 et seq., respectively.

(b) Within the two-year period, no subsequent change or amendment in 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.

(2) Time to file for zoning permit.

(a) 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 zoning permit.

(b) Within the one-year period, no subsequent change or amendment to 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.

(c) During these protected periods, the court shall retain or assume jurisdiction for the purpose of awarding such supplemental relief as may be necessary.

§ 475-60 Procedure to obtain preliminary opinion.

In order not to unreasonably delay the time when a landowner may secure assurance that the ordinance or map under which the proposed to build is free from challenge, and recognizing that the procedure for preliminary approval of his development may be too cumbersome or may be unavailable, the landowner may advance the date from which time for any challenge to the ordinance or map will run under § 475-57, Time limitations, by the following procedure:

A. Submission of plans and other materials.

(1) The landowner may submit plans and other materials describing his proposed use or development to the Zoning Officer for a preliminary opinion as to their compliance with the applicable ordinance and maps.

(2) Such plans and other materials shall not be required to meet the standards prescribed for preliminary, tentative or final approval or for the issuance of a zoning permit so long as they provide reasonable notice of the proposed use or development and a sufficient basis for a preliminary opinion as to its compliance.

B. Public notice of compliance:

(1) If the Zoning Officer's preliminary opinion is that the use or development complies with the ordinance or map, notice thereof shall be published once each week for two successive weeks in a newspaper of general circulation in the Borough.

(2) Such notice shall include a general description of the proposed use or development and its location, by some readily identifiable directive, and the place and times where the plans and other materials may be examined by the public.

(3) The favorable preliminary approval under § 475-57, Time limitations, and the time therein specified for commencing a proceeding with the Board shall run from the time when the second notice thereof has been published.