[Ord. 12/21/1998, § 1400]
For the administration of this Chapter, a Zoning Officer, who
shall not hold any elective office in the Borough, shall be appointed.
The Zoning Officer shall administer this Chapter in accordance with
its literal terms, and shall not have the power to permit any construction
or any use or change of use which does not conform to this Chapter.
[Ord. 12/21/1998, § 1401]
It shall be the duty of the Zoning Officer, and the Zoning Officer
is hereby given the power and authority, to enforce the provisions
of this Chapter. The Zoning Officer shall examine all applications
for permits, issue permits for construction and uses which are in
accordance with the requirements of this Chapter, record and file
all applications for permits with accompanying plans and documents,
and make such reports as the Borough Council may require. Special
exception uses, construction permits associated with special exceptions
uses, and variances to the requirements of this Chapter shall be issued
only upon approval of by the Zoning Hearing Board. Conditional uses
and construction permits associated with conditional uses shall be
issued only upon approval by the Borough Council.
[Ord. 12/21/1998, § 1402]
1. Requirement of Permits. A zoning permit shall be required prior to
the erection, addition, or alteration of any building or portion thereof;
prior to the use or change of use of a building or land; prior to
the change or extension of a nonconforming use. It shall be unlawful
for any person to commence work for the erection or alteration of
any building or for a change in land use, until a permit has been
duly issued therefore. No such zoning permit shall be required in
case of normal maintenance activities, minor repairs, and alterations
which do not structurally change a building or structure.
2. Application for Permits. All applications for permits shall be accompanied
by plans, drawn to scale, showing the actual shape and dimensions
of the lot to be built upon, the exact size and location of any buildings
existing on the lot, the lines within which the proposed building
or structure shall be erected or altered, the existence and intended
use of each building or part of a building, the number of dwelling
units the building is designed to accommodate, and such information
as may be necessary to determine compliance with this Chapter and
all other ordinances. A copy of such plans shall be returned to the
applicant when such plans have been reviewed and acted upon by the
Zoning Officer. All applications with accompanying plans and documents
shall become public record after a permit is issued or denied.
3. Issuance of Permits.
A. No permit shall be issued until the Zoning Officer has certified
that the proposed building, addition, or alteration complies with
all the applicable provisions of this Chapter, as well as the provisions
of all other applicable ordinances.
B. The Zoning Officer shall act upon request within 30 days following
the submission of the application.
C. A permit issued hereunder shall become void 12 months after issuance
date, unless a request for extension has been submitted to and approved
by the Zoning Officer. Such request shall be filed with the Zoning
Officer at least 30 days prior to the permit expiration date.
[Ord. 12/21/1998, § 1403]
1. The Borough Council shall establish a schedule of fees, charges,
and expenses, as well as a collection procedure, for zoning permits,
certificates of occupancy, appeals, variances, special exceptions,
conditional uses, amendments, bonds, and other matters pertaining
to this Chapter. The schedule of fees shall be posted in the office
of the Zoning Officer, and may be amended only by the Borough Council.
2. Such fees shall be payable to the Borough, and until all applicable
fees, charges, and expenses have been paid in full, the application
shall be considered incomplete and no action shall be taken on the
applications.
[Ord. 12/21/1998, § 1404]
1. It shall be the duty of the Zoning Officer to make the following
minimum number of inspections of property for which a permit has been
issued:
A. Beginning of Construction. A record shall be made indicating the
time and date of inspection and the finding of the Zoning Officer
in regard to conformance of the construction with plans submitted
with the approved permit application. If the actual construction does
not conform to the application, a written notice of violation shall
be issued by the Zoning Officer, and such violation shall be discontinued.
Upon proper correction of the violation and receipt of written notice
from the Zoning Officer, construction shall proceed.
B. Completion of Construction. A record shall be made indicating the
time and date of the inspection and the findings of the Zoning Officer
in regard to conformance to this Chapter, and the opinion of the Zoning
Officer in regard to the issuance of a certificate of occupancy.
[Ord. 12/21/1998, § 1405]
1. A certificate of occupancy shall be a statement issued by the Zoning
Officer setting forth that a building, structure, parcel, or use of
land complies with the provisions of this Chapter and other applicable
ordinances of the Borough of New Oxford.
2. No vacant land shall be occupied or used, and no structure or part
of a structure hereafter erected, substantially altered or changed
in use, shall be occupied or used until a certificate of occupancy
shall have been issued by the Zoning Officer.
3. A certificate of occupancy of vacant land or for a change in the
use of land, or for a change in the use of an existing building, either
for whole or part of a new building or for the alteration of an existing
building, shall be applied for coincident with the application for
a zoning permit, and shall be issued or denied within 15 days after
a final inspection by the Zoning Officer.
4. A certificate of occupancy for changing or extending a nonconforming
use, existing at the time of the passage of this Chapter or of an
amendment thereto, shall be applied for and issued before any such
nonconforming use shall be changed or extended. Such certificate shall
be issued within 15 days after a final inspection and approval by
the Zoning Officer.
[Ord. 12/21/1998, § 1406]
1. A certificate of nonconformance shall be issued by the Zoning Officer
to the owner of any property which, at the time of the effective date
of this Chapter, is identified as containing a nonconforming use or
structure. The owner's property and the issuance date of such
certificate shall be registered in the records of the Borough as follows:
A. The certificate of nonconformance shall set forth in detail all of
the nonconforming conditions of said property.
B. A copy of the certificate of nonconformance shall be retained and
filed by the Zoning Officer.
C. The certificate shall be for the purposes of insuring the owner the
right to continue a nonconforming use in accordance with the regulations
of this Chapter.
[Ord. 12/21/1998, § 1407]
1. Where provided for in this Chapter, the Zoning Hearing Board shall
hear and decide requests for special exceptions in accordance with
stated standards and criteria. In granting a special exception, the
Board may attach such reasonable conditions and safeguards, in addition
to those expressed in this Chapter, as it may deem necessary to implement
the purposes of this Chapter. The Board may grant approval of a special
exception provided that the applicant complies with the following
standards for special exceptions and that the proposed special exception
shall not be detrimental to the health, safety, or welfare of the
neighborhood.
2. In addition to any other submission requirements as may be required
by this Chapter, the applicant shall submit a site plan, containing
the following information, as part of the application for a special
exception use for the Zoning Hearing Board to review. The site plan
shall contain sufficient information, studies, and other data to demonstrate
compliance with all applicable regulations.
3. Unless otherwise specified by the Board or by law, a special exception
shall expire if the applicant fails to obtain a zoning permit within
one year from the date of authorization thereof by the Board or by
the court, if such special exception has been granted after an appeal,
or fails to complete any erection, construction, reconstruction, alteration
or change in use authorized by the special exception within two years
from the date of authorization thereof by the Board or by the court,
if such special exception has been granted after an appeal. The Board
may, for reasonable cause, extend the approval for an additional period
of up to one year upon the written request of the applicant.
[Ord. 12/21/1998, § 1408]
1. An appeal, or application for an amendment, special exception, conditional
use, or variance from the terms of this Chapter shall be filed with
the Zoning Officer, and shall contain, in additional to any other
submission requirements as may be required by this Chapter, the following
information:
A. The name and address of the applicant.
B. The name and address of the owner of the real estate to be affected
by such proposal.
C. A brief description and location of the real estate to be affected
by such proposal.
D. A statement of the present zoning classification of the real estate
in question, the improvements thereon, and the present use thereof.
E. A statement of the Section of this Chapter under which the appeal
or application requested may be allowed, and reasons way it should
be granted; or a statement of the Section of this Chapter governing
the situation in which the alleged erroneous ruling is being appealed
and reasons for the appeal.
F. An accurate description of the present improvements and the additions
intended to be made under this application, indicating the size and
use of such proposed improvements and general construction thereof.
In addition, there shall be attached a plot plan of the real estate
to be affected, as required to accompany applications for permits,
indicating the location and size of the lot and location of improvements
now erected, and proposed to be erected thereon.
G. Any other pertinent data required by the Zoning Hearing Board, Borough
Council, and/or Zoning Officer, as appropriate to their individual
authorities set forth in this Part.
[Ord. 12/21/1998, § 1409]
1. Failure to comply with any provision of this Chapter, failure to
secure permit, Zoning Hearing Board certification, when required,
or failure to secure a Certificate of Occupancy, shall be violations
of this Chapter.
A. Enforcement Notice.
(1)
If it appears to the Borough that a violation of any zoning
ordinance provision has occurred, the Zoning Officer shall initiate
enforcement proceedings by sending an enforcement notice, as provided
by § 616(1) of the Pennsylvania Municipalities Planning
Code, Act 170 of 1988.
(2)
The enforcement notice shall be sent to the owner of the record
of the tract on which the violation has occurred, to any person who
has filed a written request to receive enforcement notices regarding
said tract, and to any other person requested in writing by the owner
of record.
(3)
An enforcement notice shall state at least the following:
(a)
The name of the owner of record and any other person against
whom the Borough intends to take action.
(b)
The location of the property in violation.
(c)
The specific violation with a description of the requirements
which have not been met, citing in each instance the applicable provisions
of this Chapter.
(d)
The date before which the steps for compliance must be commenced
and the date before which the steps must be completed.
(e)
That the recipient of the notice has the right to appeal to
the Zoning Hearing Board within 30 days of the date of the determination.
(f)
The failure to comply with the notice within the time specified,
unless extended by appeal to the Zoning Hearing Board, constitutes
a violation, with possible sanctions clearly described.
B. Causes of Action. In case any building, structure, or land is, or
is proposed to be erected, constructed, reconstructed, altered, converted,
maintained, or used in violation of this Chapter the Borough Council
or, with the approval of the Borough Council, an officer of the Borough,
or any aggrieved owner or tenant or real property who shows that his
or her property or person will be substantially affected by the alleged
violation, in addition to other remedies, may institute any appropriate
action or proceeding to prevent, restrain, correct, or abate such
building, structure, landscaping of land, or to prevent, in or about
such premises, any act, conduct, business, or use constitution a violation.
Such action is instituted by a landowner or Borough at least 30 days
prior to the time the action is begun by serving a copy of the complaint
of the Borough Council.
C. Enforcement Remedies.
(1)
Any person, partnership, or corporation, who or which has violated
or permitted the violation of the provisions of this Chapter, shall,
upon being found liable therefore in a civil enforcement proceeding
commenced by the Borough, pay a judgment of or not more than $500
plus all court costs, including reasonable attorney fees incurred
by the Borough and a result thereof. No judgment shall commence or
be imposed, levied, or made payable until the date of the determination
of a violation by the District Justice. If the defendant neither pays
nor timely appeals the judgment, the Borough may enforce pursuant
to the applicable rules of civil procedure. Each day that a violation
continues shall constitute a separate violation, unless the District
Justice determining that there has been a violation further determines-that
there was a good faith basis for person, partnership, or corporation
violating this Chapter to have believed that there was no such violation,
in which ever there shall be deemed to have been only one such violation
until the fifth day following the date of the determination of a violation
by the District Justice and thereafter each day that a violation continues
shall constitute a separate violation. All judgments, costs and reasonable
attorney fees collected for the violation shall be paid over to the
Borough of New Oxford.
(2)
The Court of Common Pleas, upon petition, may grant an order
of stay, upon cause shown, tolling the per diem fine pending a final
adjudication of the violation and judgment.
(3)
Nothing contained in this Section shall be construed or interpreted
to grant to any person or entity other than the Borough the right
to commence any action for enforcement pursuant to this Section.
[Ord. 12/21/1998, § 1410]
The New Oxford Borough Council shall, by resolution and in accordance
with § 903 of Act 170 of 1988 (the Pennsylvania Municipalities
Planning Code) appoint a Zoning Hearing Board consisting of three
members, and in accordance with Section 906 of Act 170 of 1988, one
alternate member. Said Zoning Hearing Board shall have such duties,
powers, jurisdiction, and authority as set forth in Article IX of
Act 170 of 1988. Members and alternative members of the Zoning Hearing
Board shall be residents of New Oxford Borough and shall hold no other
elected or appointed office in New Oxford Borough.
[Ord. 12/21/1998, § 1411]
1. The Zoning Hearing 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 the 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 as provided in § 908 of Act 170 of 1988.
2. If, by reason of absence or disqualification of a member, a quorum
is not reached, the chairperson of the board shall designate as many
alternate members of the board to sit on the board as may be needed
to provide a quorum. Any alternate member of the board shall continue
to serve on the board in all proceedings involving the matter or case
for which the alternate was initially appointed until the board has
made a final determination of the matter or case. Designation of an
alternate pursuant to this section shall be made on a case-by-case
basis in rotation according to declining seniority among all alternates.
3. The Board may make, alter, and rescind rules and forms for its procedure,
consistent with ordinances of the municipality 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 of
its activities to the Borough Council as requested by the Borough
Council.
[Ord. 12/21/1998, § 1413]
1. The Zoning Hearing Board shall conduct hearings and make decisions
in accordance with the following requirements:
A. The Zoning Hearing Board shall conduct hearings and make decisions
in accordance with the Pennsylvania Municipalities Planning Code,
Act 170 of 1988. Notice shall be given to the public, the applicant,
the landowner, the Zoning Officer, such other persons as the Zoning
Hearing Board shall designate, and any person who has made timely
request from the same. Notices shall be given at such time and in
such manner prescribed by adopted 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 Borough Council may establish reasonable fees for the holding
of such hearings. Fees 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 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 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 officer, waive decision
or findings by the Board and accept the decision or findings of the
hearing officer as final.
E. 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. The chairperson or acting chairperson of the 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 council and
shall be afforded the opportunity to respond and present evidence
and argument and to 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 Board or the 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 appealing from the decision of the 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 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. 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 any provisions of this act 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.
K. If the hearing is conducted by a hearing officer, and there has been
no stipulation that his or her decision or findings are final, the
Board shall make the hearing officer's 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 final
decision or entry of findings, and the Board's decision shall
be entered no later than 30 days after the report of the hearing officer.
L. Where the Board fails to render the decision within the period required
by this section, 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 Board to meet or render a decision as
herein above provided, the 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 § 1413(A).
Nothing in this subsection shall prejudice the right of any party
opposing the application to appeal the decision to a court of competent
jurisdiction.
M. 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 or her not later than the day following its date. To
all other persons who have filed their name and address with the Board
not later than the last day of the hearing, the 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.
[Ord. 12/21/1998, § 1413]
1. The Zoning Hearing Board shall have exclusive jurisdiction to hear
and render final adjudications in the following matters, as set forth
in the Pennsylvania Municipalities Planning Code, Act 170 of 1988.
A. Substantive challenges to the validity of this Ordinance, except
those brought before the governing body pursuant to §§ 609.1
and 916.1(a)(2) of the Pennsylvania Municipalities Planning Code,
Act 170 of 1988.
B. Challenges to the validity of a zoning 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 effective date of said ordinance.
C. Appeals from the determination of the Zoning Officer, including,
but not limited to, the granting or denial of any permit, or failure
to act of the application therefore, the issuance of any cease and
desist order or the registration or refusal to register any non-conforming
use, structure or lot.
D. Applications for variances from the terms of this Chapter pursuant
to § 910.1 of the Pennsylvania Municipalities Planning Code,
Act 170 of 1988.
E. Applications for special exceptions under this Chapter pursuant to
§ 912.1 of The Pennsylvania Municipalities Planning Code,
Act 170 of 1988.
F. Appeals from the determination of any officer or agency charged with
the administration of any performance density provisions of this Chapter.
G. Appeals from the Zoning Officer's determination pursuant to
§ 916.2 of the Pennsylvania Municipalities Planning Code,
Act 170 of 1988.
H. Appeals from the determination of the Zoning Officer or Borough 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
applications under Article V and VII of the Pennsylvania Municipalities
Planning Code, Act 170 of 1988.
[Ord. 12/21/1998, § 1414]
1. The Zoning Hearing Board shall hear requests for variances where
it is alleged that the provision 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. The Board may grant a variance, provided that all of the
following findings are made, where relevant, in a given case.
A. That there are unique physical circumstances or conditions, including
irregularity, narrowness or shallowness of lot size or shape, or exceptionally
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 not 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.
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 of 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. 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, Act 170 of 1988, and this Zoning Ordinance of the Borough
of New Oxford.
[Ord. 12/21/1998, § 1415]
1. Special exceptions may be granted or denied by the Zoning Hearing
Board pursuant to expressed standards and criteria contained herein.
The Zoning Hearing Board shall hear and decide requests for such special
exceptions in accordance with such standards and criteria as herein
set forth and on the prescribed application form. In granting a special
exception, the Zoning Hearing Board may attach such reasonable conditions
and safeguards, in addition to those expressed in the Ordinance, as
it may deem necessary to implement the purposes of this Chapter. The
Zoning Hearing Board shall use the following procedures.
A. The Zoning Hearing Board's decision to grant a permit for a
special exception shall be made only after public notice and public
hearing. Such permit shall apply specifically to the application and
plans submitted and presented at said public hearing. Any subsequent
amendments or additions shall be subject to review and public hearing
by the Zoning Hearing Board as a special exception.
B. When and if a New Oxford Planning Commission is organized, no permit
shall be granted by the Zoning Hearing Board for any special exception
use until said Board has received and considered advisory reports
thereon received from the Planning Commission with respect to the
location of such use in relation to the needs and growth pattern of
the Borough of New Oxford, and wherever appropriate, with reference
to the adequacy of the site area and the arrangement of buildings
driveways, parking areas, off-street loading and unloading spaces,
and other pertinent features of the proposal.
C. When and if a New Oxford Planning Commission is organized, said Planning
Commission shall have 30 days from the date of its receipt of the
application within which to file its report thereon. In the event
that the Planning Commission shall fail to file its report within
30 days, such application shall be deemed to have been recommended
for approval by the Planning Commission. The Planning Commission may
have representation at the public hearing held by the Zoning Hearing
Board on such application. After receipt of the Planning Commission's
report, the Zoning Hearing Board shall hear the application in the
same manner and under the same procedure as it is empowered by law
and ordinance to hear cases and made exceptions to the provisions
of this Chapter. The Zoning Hearing Board may thereafter direct the
Zoning Officer to issue a permit if, in its judgment, the request
will not be detrimental to the health, safety, and general welfare
of the Borough of New Oxford.
D. A special exception use for which a permit is granted by the Zoning
Hearing Board pursuant to the provisions of this Section shall be
construed to be a conforming use.
[Ord. 12/21/1998, § 1416]
Appeals under § 909.1(a)(1), (2), (3), (4), (7), and
(9) of Act 170 of 1988 may be filed with the Board in writing by the
landowner affected, any officer or agencies of the Borough, or any
person aggrieved. Requests for a variance under § 910.2
of Act 170 of 1988 and for special exception under § 912.1
of Act 170 of 1988 may be filed with the Board by any landowner or
any tenant with the permission of such landowner.
[Ord. 12/21/1998, § 1417]
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 the Borough if such proceeding is designed
to secure reversal or limit the approval in any manner unless such
person alleges and proves that he or she failed to receive adequate
notice of such approval. If such person has succeeded to his or her
interest after such approval, adequate notice to his or her predecessor
in interest shall be deemed adequate notice to him or her. The failure
of anyone other than the landowner to appeal from an adverse decision
on a tentative plan or from an adverse decision by the Zoning Officer
on a challenge to the validity of this Chapter or an amendment thereto
shall preclude an appeal from a final approval except in the case
where the final submission substantially deviates from the approved
tentative approval.
2. All appeals from determinations adverse to the landowner shall be
filed by the landowner within 30 days after notice of the determination
is issued.
[Ord. 12/21/1998, § 1418]
Upon filing of any appeal proceeding before the Zoning Hearing
Board and during it pendency before the Zoning Hearing Board, all
land development pursuant to any 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
Zoning Hearing Board or by the court having jurisdiction of zoning
appeals, on petition after notice to the Zoning Officer or other appropriate
agency or body. When an application for development, preliminary or
final, has been duly approved and proceedings designed to reverse
or limit the approval are filed with the Zoning Hearing Board by persons
other than the applicant, the applicant may petition to court having
jurisdiction of zoning appeals to order such person to post bond as
condition to continuing the proceedings before the Board in accordance
with Section 915.1 of the Pennsylvania Municipalities Planning Code,
Act 170 of 1988.