The following types of appeals are set forth in Articles
IX and
X-A of the Pennsylvania Municipalities Planning Code, and each has its own procedures as noted.
Type of Appeal
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Agency of Jurisdiction
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Reference
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Validity of ordinance, procedural questions
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Montgomery County Court of Common Pleas
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Validity of ordinance, substantive questions;
landowner appeals
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Zoning Hearing Board or Lansdale Borough Council
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Validity of ordinance, substantive questions;
persons aggrieved
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Zoning Hearing Board
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Appeal of decisions or orders, no validity question
involved; landowner appeals
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Zoning Hearing Board
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Appeal of decisions or orders, no validity question;
persons aggrieved
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Zoning Hearing Board
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Questions of an alleged defect in the process
of enactment or adoption of any ordinance or map shall be raised by
an appeal taken directly from the action of the Borough Council to
the Montgomery County Common Pleas Court not later than 30 days from
the effective date of the ordinance or map.
[Amended 8-4-1993 by Ord.
No. 1509]
A. A landowner who, on substantive grounds, desires to challenge the
validity of an ordinance or map or any provision thereof which prohibits
or restricts the use or development of land in which he has an interest
shall submit the challenge either:
(1)
To the Zoning Hearing Board under §
405-2207 (Challenges to validity of ordinance or map) or §
405-2208 (Unified appeals); or
(2)
To the governing body under Section 909.1(b)(4) of the Municipalities
Planning Code, together with a request for a curative amendment under
Section 609.1 of the Municipalities Planning Code.
B. Persons aggrieved by a use or development permitted on the land of
another by an ordinance or map, or any provision thereof, who desires
to challenge its validity on substantive grounds shall first submit
their challenge to the Zoning Hearing Board for a decision thereon
under Section 909.1(a)(1) of the Municipalities Planning Code.
C. The submissions referred to in Subsections
A and
B shall be governed by the following:
(1)
In challenges before the Zoning Hearing Board, the challenging
party shall make a written request to the Board that it hold a hearing
on its challenge. The request shall contain the reasons for the challenge.
Where the landowner desires to challenge the validity of such ordinance
and elects to proceed by curative amendment under Section 609.1, his application to the governing body shall contain, in
addition to the requirements of the written request hereof, the plans
and explanatory materials describing the use or development proposed
by the landowner in lieu of the use or development permitted by the
challenged ordinance or map. Such plans or other materials shall not
be required to meet the standards prescribed for preliminary, tentative
or final approval or for the issuance of a permit, so long as they
provide reasonable notice of the proposed use or development and a
sufficient basis for evaluating the challenged ordinance or map in
light thereof. Nothing herein contained shall preclude the landowner
from first seeking a final approval before submitting his challenge.
(2)
If the submission is made by the landowner to the governing body under Subsection
A(2), the request also shall be accompanied by an amendment or amendments to the ordinance proposed by the landowner to cure the alleged defects therein.
(3)
If the submission is made to the governing body, the Municipal
Solicitor shall represent and advise it at the hearing or hearings
referred to in Section 909.1(b)(4).
(4)
The governing body may retain an independent attorney to present
the defense of the challenged ordinance or map on its behalf and to
present their witnesses on its behalf.
(5)
Based upon the testimony presented at the hearing or hearings,
the governing body or the Zoning Board, as the case may be, shall
determine whether the challenged ordinance or map is defective, as
alleged by the landowner. If a challenge heard by a governing body
is found to have merit, the governing body shall proceed as provided
in Section 609.1. If a challenge heard by a Zoning Hearing Board is found
to have merit, the decision of the Zoning Hearing Board shall include
recommended amendments to the challenged ordinance which will cure
the defects found. In reaching its decision, the Zoning Hearing Board
shall consider the amendments, plans and explanatory material submitted
by the landowner and shall also consider:
(a)
The impact of the proposal upon roads, sewer facilities, water
supplies, schools and other public service facilities;
(b)
If the proposal is for a residential use, the impact of the
proposal upon regional housing needs and the effectiveness of the
proposal in providing housing units of a type actually available to
and affordable by classes of persons otherwise unlawfully excluded
by the challenged provisions of the ordinance or map;
(c)
The suitability of the site for the intensity of use proposed
by the site's soils, slopes, woodlands, wetlands, floodplains, aquifers,
natural resources and other natural features;
(d)
The impact of the proposed use on the site's soils, slopes,
woodlands, wetlands, floodplains, natural resources and natural features,
the degree to which these are protected or destroyed, the tolerance
of the resources to development and any adverse environmental impacts;
and
(e)
The impact of the proposal on the preservation of agriculture
and other land uses which are essential to public health and welfare.
(6)
The governing body or the Zoning Hearing Board, as the case
may be, shall render its decision within 45 days after the conclusion
of the last hearing.
(7)
If the governing body or the Zoning Board, as the case may be, fails to act on the landowner's request within the time limits referred to in Subsection
C(6), a denial of the request is deemed to have occurred on the 46th day after the close of the last hearing.
D. The Zoning Hearing Board or governing body, as the case may be, shall
commence its hearings within 60 days after the request is filed unless
the landowner requests or consents to an extension of time.
E. Public notice of the hearing shall include notice that the validity
of the ordinance or map is in question and shall give the place where
and the times when a copy of the request, including any plans, explanatory
material or proposed amendments may be examined by the public.
F. The challenge shall be deemed denied when:
(1)
The Zoning Hearing Board or governing body, as the case may be, fails to commence the hearing within the time limits set forth in Subsection
D.
(2)
The governing body notifies the landowner that it will not adopt
the curative amendment;
(3)
The governing body adopts another curative amendment which is
unacceptable to the landowner; or
(4)
The Zoning Hearing Board or governing body, as the case may
be, fails to act on the request 45 days after the close of the last
hearing on the request, unless the time is extended by mutual consent
by the landowner and municipality.
G. Where, after the effective date of this act, a curative amendment proposal is approved by the grant of a curative amendment application by the governing body pursuant to Section 909.1(b)(4) or a validity challenge is sustained by the Zoning Hearing Board pursuant to Section 909.1(a)(1) or the court acts finally on appeal from denial of a curative amendment proposal or a validity challenge, and the proposal or challenge so approved requires a further application for subdivision or land development, the developer shall have two years from the date of such approval to file an application for preliminary or tentative approval pursuant to Article
V or
VII. Within the two-year period, no subsequent change or amendment
in the zoning, subdivision or other governing ordinance or plan shall
be applied in any manner which adversely affects the rights of the
applicant as granted in the curative amendment or the sustained validity
challenge. Upon the filing of the preliminary or tentative plan, the
provisions of Section 508(4) shall apply. Where the proposal appended to the curative amendment
application or the validity challenge is approved but does not require
further application under any subdivision or land development ordinance,
the developer shall have one year within which to file for a building
permit. Within the one-year period, no subsequent change or amendment
in the zoning, subdivision or other governing ordinance or plan shall
be applied in any manner which adversely affects the rights of the
applicant as granted in the curative amendment or the sustained validity
challenge. During these protected periods, the court shall retain
or assume jurisdiction for the purpose of awarding such supplemental
relief as may be necessary.
H. A landowner who has challenged on substantive grounds the validity of a zoning ordinance or map either by submission of a curative amendment to the governing body under Subsection
A(2) or to the Zoning Hearing Board under Subsection
A(1) shall not submit any additional substantive challenges involving the same parcel, group of parcels or part thereof until such time as the status of the landowner's original challenge has been finally determined or withdrawn; provided, however, that if after the date of the landowner's original challenge the municipality adopts a substantially new or different zoning ordinance or Zoning Map, the landowner may file a second substantive challenge to the new or different zoning ordinance or Zoning Map under Subsection
A.
Persons aggrieved by a use or development permitted on the land of another by an ordinance or a map or any provision thereof who desire to challenge its validity on substantive grounds shall submit their challenge to the Zoning Hearing Board as a challenge to the validity of ordinance or map pursuant to §
405-2207 of this chapter. The submission shall be governed by the following:
A. A written request shall be submitted to the Board
that it hold a hearing on the challenge. The request shall contain
a short statement reasonably informing the Board of the matters at
issue and the grounds for the challenge.
B. No person shall be allowed to file any proceedings
with the Board later than 30 days after any application for development,
preliminary or final, has been approved by an appropriate Borough
of Lansdale officer, agency or body if such proceeding is designed
to secure reversal or to limit the approval in any manner.
C. The Zoning Hearing Board shall hold a hearing in accordance with §
405-2302C.
D. After submitting his challenge to the Board as provided
in this section, any party aggrieved may take the same to the Montgomery
County Court of Common Pleas by appeal filed not later than 30 days
after notice of the report of the Board is issued.
Application shall be made directly to the Zoning Hearing Board under the provisions of §
405-2303 where such action involves a question of the Zoning Officer's decision or an action by the Borough Council, Planning Commission or other Borough official.
The Borough Council may from time to time amend,
supplement, change, modify or repeal this chapter, including the Zoning
Map. When doing so, the Borough Council shall proceed in the manner
prescribed in this article.
Proposals for amendment, supplement, change,
modification or repeal may be initiated by the Borough Council on
its own motion, by the Planning Commission, or by petition by one
or more owners of property to be affected by the proposed amendment,
subject to the following provisions:
A. Proposals originated by the Borough Council. The Borough
Council shall refer every proposed amendment, supplement, change,
modification or repeal originated by the Borough Council to the Planning
Commission. Within 30 days of the submission of said proposal, the
Planning Commission shall submit to the Borough Council a report containing
the Commission's recommendation, including any additions or modifications
to the original proposals.
B. Proposals originated by the Planning Commission. The
Planning Commission may at any time transmit to the Borough Council
any proposal for the amendment, supplement, change, modification or
repeal of this chapter.
C. Proposals originated by a citizens' petition. Each
petition of one or more owners of property to be affected by a proposal
for amendment, supplement, change or modification shall be signed
and acknowledged and submitted in writing to the Secretary of the
Borough Council. On receipt of said petition, the Borough Council
shall transmit a copy of the petition to the Planning Commission.
For purposes of this section, the area wherein a change in zoning
is sought shall be not less than one acre or 300 feet of linear frontage,
whichever is less. Within 30 days after its submission to the Planning
Commission, the Commission shall submit to the Borough Council a report
containing the Commission's recommendations, including any additions
to or modifications of the original proposal.
[Amended 8-4-1993 by Ord. No. 1509]
No such amendment, supplement, change, modification
or repeal shall become effective until a public hearing in relation
thereto at which parties in interest and citizens shall have an opportunity
to be heard. Public notice of each hearing to consider amendments
(except continued hearings) shall be given no more than 30 days and
not less than seven days in advance of any public hearing. Such notice
shall be published once each week for two consecutive weeks in a newspaper
of general circulation within the Borough. Such notice shall state
the time and place and the particular nature of the proposed amendment.
Whenever the Borough Council shall change the
zoning classification on any parcel of ground within the Borough upon
petition of the property owner and upon representation that a certain
use will be made of the property after the change, the property owner
shall have a period of one year within which to obtain a building
permit and to commence actual construction. Should the property owner
fail to commence construction within the stipulated period, the Borough
Council will have the right to change the zoning classification of
the parcel back to the classification which existed before the rezoning
was executed. This provision shall apply to curative amendments as
well as to other zoning changes.