A Zoning Hearing Board is established in order that the objectives
of this chapter may be more fully and equitably achieved and a means
for competent interpretation of this chapter provided.
A.
The Zoning Hearing Board shall consist of three residents of the
Borough appointed by resolution by the Borough Council. The terms
of office shall be three 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 Borough Council 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 Borough.
B.
Alternate members. The Borough Council may appoint by resolution
at least one but not more than three residents of the Borough 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 Borough.
(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 Chair 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 members 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 Borough Council, 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.
A.
Officers. The Zoning Hearing Board shall elect a chair from its membership
and shall appoint a secretary. The Chair or, in his absence, the Acting
Chair may administer oaths and compel the attendance of witnesses.
B.
Procedures. The Zoning Hearing Board may make, alter and rescind
rules and forms for its procedures, consistent with ordinances of
the Borough and laws of the commonwealth.
C.
Meetings. Meetings shall be open to the public and shall be at the
call of the chair 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.
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 Borough and shall be a public record.
The Zoning Hearing Board shall submit a report of its activities to
the Borough Council as requested by the Borough Council.
A.
The Borough Council shall fix per-meeting compensation for the members
of the Zoning Hearing Board according to a schedule adopted by resolution
of the Borough Council upon enactment of this chapter or as such schedule
may be amended from time to time. Such compensation shall not exceed
the rate of compensation authorized to be paid to members of the Borough
Council.
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 Borough Council pursuant to § 440-151A(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 ordinance.
(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, the issuance of any cease and
desist order or the registration or refusal to register any nonconforming
use, structure or lot.
(4)
Appeal from a determination by a Borough Engineer or the Zoning
Officer with reference to the administration of any floodplain provision.
(7)
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
an application for a subdivision, land development or planned residential
development.
B.
The Borough Council shall have exclusive jurisdiction to hear and
render final adjudications in the following matters:
(1)
All applications for subdivisions and land developments pursuant to Chapter 370, Subdivision and Land Development, of the Code of the Borough of Chalfont. Any provision in Chapter 370, Subdivision and Land Development, requiring that final action concerning subdivision and land development applications be taken by the Planning Commission rather than the Borough Council shall vest exclusive jurisdiction in the Planning Commission in lieu of the Borough Council for purposes of the provisions of this subsection.
(3)
Applications for curative amendments pursuant to § 440-151A(2) of this chapter.
(5)
Appeals from the determination of the Zoning Officer or the
Borough 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 an application
for a subdivision, land development or planned residential development.
A.
Applicability. Upon appeal from a determination 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 this 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 shall be granted by the Zoning
Hearing Board unless the requirements and standards of this chapter
are satisfied. 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 appeal for
the variance is in conformance with the requirements and standards
listed below:
(1)
That the granting of the variance shall be in harmony with the
general purpose and intent of this chapter and shall not be injurious
to the neighborhood or otherwise detrimental to the public welfare.
(2)
That the granting of the variance will not permit the establishment
within a zoning district of any use which is not permitted in that
zoning district.
(3)
There must be proof of unique circumstances, that there are
special circumstances or conditions, fully described in the findings,
applying to the land or building for which the variance is sought,
which circumstances or conditions are peculiar to such land or building
and do not apply generally to land or buildings in the neighborhood
and that said circumstances or conditions are such that the strict
application of the provisions of this chapter would deprive the applicant
of the reasonable use of such land or building.
(4)
There must be proof of unnecessary hardship. It is not sufficient
proof of hardship to show that greater profit would result if the
variance was granted. Furthermore, hardship complained of cannot be
self-created, it cannot be claimed by one who purchases with or without
knowledge of restrictions, it must result from the application of
this chapter, it must be suffered directly by the property in question
and evidence of a variance granted under similar circumstances shall
not be considered.
(5)
That the granting of the variance is necessary for the reasonable
use of the land or building and that the variance as granted by the
Zoning Hearing Board is the minimum variance that will accomplish
this purpose.
(6)
The Zoning Hearing Board may impose whatever conditions and
safeguards it deems necessary to ensure that any proposed development
or use will secure substantially the objectives of this chapter.
A.
Applicability. The Zoning Hearing Board shall have the power to approve
special exception 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.
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.
(1)
The
Zoning Hearing Board shall, among other things, require that any proposed
use and location be:
(a)
In accordance with the Borough of Chalfont Comprehensive Plan and § 440-3 of this chapter and consistent with the spirit, purposes and the intent of this chapter.
(b)
In the best interest of the Borough, the convenience of the
community, the public welfare and be a substantial improvement to
the 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)
In conformance with all applicable requirements of this chapter
and all municipal ordinances.
(e)
Suitable in terms of effects on highway traffic and safety with
adequate access arrangements to protect streets from undue congestion
and hazard.
(f)
In accordance with sound standards of subdivision and land development
practice, where applicable.
(2)
The Zoning Hearing Board may impose whatever conditions and
safeguards it deems necessary to ensure that any proposed development
or use will secure substantially the objectives of this chapter.
D.
Review by the Planning Commission on application for special exception.
The Zoning Hearing Board shall request an advisory opinion from the
Planning Commission on any application for a special exception; the
Planning Commission is to submit a report of such advisory opinion
prior to the date of the public hearing held by the Zoning Hearing
Board on an application.
A.
Applicability. The Borough Council 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 Borough
Council shall make findings of fact consistent with the provision
of this chapter. The Borough Council 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 Borough Council shall grant a conditional use only if it finds adequate evidence that any proposed development submitted will meet all of the following general requirements as well as any specific requirements and standards listed in Subsection C(4) for the proposed use and those contained in Articles IV and V of this chapter. The Borough Council shall, among other things, require that any proposed use and location be:
(1)
In accordance with the Borough of Chalfont Comprehensive Plan and § 440-3 of this chapter and consistent with the spirit, purposes and the intent of this chapter.
(2)
In the best interests of the Borough, 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)
In conformance with all requirements of this chapter and all
Borough ordinances.
(5)
Suitable in terms of effects on highway traffic and safety with
adequate access arrangements to protect streets from undue congestion
and hazard.
(6)
In accordance with sound standards of subdivision and land development
practice where applicable.
D.
Specific requirements and standards. The Borough Council shall:
(1)
Determine that the proposal provides for adequate access to
public roads without creating hazardous conditions. In making this
determination, the Borough Council may impose conditions requiring:
(a)
Access to be limited or combined with that of adjoining properties.
(b)
Improvement of vertical or horizontal alignment adjoining at
the site or off site if access to the site would be restricted or
hazardous as a result of the alignment problem.
(c)
Widen or replace a bridge if said bridge restricts access to
the site or where the nature of the traffic generated by the proposed
use would create a hazardous or restrictive situation.
(2)
Examine the use and its relationship to existing land uses to
ensure that the proposed use does not adversely alter the character
of stable neighborhoods and to protect adjoining residents from uses
which are objectionable. To this end, the Borough Council may impose
conditions requiring:
(a)
Special buffer planting, buffer yards or planted berms.
(b)
Planting or walls to screen intrusive uses such as parking lots,
loading docks, mechanical plants, etc.
(c)
Control of location of intrusive uses so that they are sited
in the least-disruptive manner.
(d)
Special design of lighting and signs to avoid disrupting existing
developments or conflicting with the vision of motorists, particularly
near intersections.
(3)
The natural resources listed in § 440-19 shall be mapped and presented to provide sufficient information for completion of site capacity calculations in § 440-17. Drawings and calculations shall be provided to illustrate and indicate the percentage of intrusion for each natural resource so that each standard in § 440-19 may be evaluated.
(4)
Many conditional uses are so classified because of their potential
for nuisance. The following additional conditions shall apply to these
uses:
(a)
Use A1 general farming. The applicant shall indicate what measures
will be taken to prevent surface water and groundwater contamination
from fertilizers, herbicides, pesticides and animal waste.
(c)
Use E12 veterinary office or clinic. The applicant shall indicate
what measures will be taken to abate animal noises.
(d)
Use E21 flea market. The Borough Council shall determine the
hours and days of operation to prevent conflicts with surrounding
land uses.
(e)
Use G10 junkyard. This use shall be at least 400 feet from any
existing residential use.
E.
The Borough Council may impose whatever conditions and safeguards
it deems necessary to ensure that any proposed development or use
will secure substantially the objectives of this chapter.
F.
Review by Planning Commission. The Borough Council shall request
an advisory opinion from the Planning Commission on any application
for a conditional use. The Planning Commission is to submit a report
of such advisory opinion prior to the date of the public hearing held
by the Borough Council on an application.
G.
Conditional use applications shall be governed by the following:
(1)
The landowner shall make a written request to the Borough Council
that it hold a hearing on the application. The request shall contain
a statement reasonably informing the Borough Council 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 Borough Council shall hold a hearing pursuant to public
notice upon the request, commencing not later than 60 days after the
completed and accepted request is filed, unless the applicant requests
or consents, in writing, to an extension of time. In addition, the
Borough Council shall render a written decision within 45 days after
the last hearing.
H.
Administration. The Borough Council shall conduct hearings and make decisions in accordance with the procedures and standards set forth in § 440-149.
I.
Fees. The applicant for any hearing on a conditional use request
before the Borough Council shall, at the time of making application,
pay a fee in accordance with a fee schedule adopted by resolution
of the Borough Council 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 Borough Council.
Hearings pursuant to this chapter shall be held by the Zoning
Hearing Board and/or the Borough Council 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 Borough
Council 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 Borough Council may prescribe reasonable fees by resolution with
respect to hearings. 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 acceptance
of the applicant's completed application, unless the applicant has
agreed, in writing, to an extension of time.
D.
The hearings shall be conducted by the Zoning Hearing Board. The
decision or, where no decision is called for, the findings shall be
made by the Board.
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 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 appearances, in writing,
on forms provided by the Zoning Hearing Board for that purpose.
F.
The Chairperson or Acting Chairperson of the Zoning Hearing Board
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 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 shall
be paid by the person appealing 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 shall not communicate, directly or indirectly,
with any party or his representatives in connection with any issues
involved, except upon notice and where all parties have opportunity
to participate. The Zoning Hearing Board shall not take notice of
any communication, report, staff memoranda or other materials, except
advice from its Solicitor, unless the 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 shall render a written decision or, where no decision is called for, make written findings on the application within 45 days after the last hearing before the Zoning Hearing Board. 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 upon and the reasons why the conclusion is deemed appropriate in light of the facts found. Where the Zoning Hearing Board fails to render its decision within 45 days or fails to hold the required hearing with 60 days from the date of the applicant's completed and accepted 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 after 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Appeals under § 440-145A(1), (2), (3), (4) and (7) of this chapter may be filed with the Zoning Hearing Board, in writing, by the landowner affected, any officer or agency of the Borough, or any person aggrieved. Requests for a variance under § 440-146 and for a special exception under § 440-147 of this chapter 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:
(2)
To the Borough Council under § 440-145B(4) of this chapter, together with a request for a curative amendment.
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.
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 Borough Council 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 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) hereof, 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 Solicitor
shall represent and advise it at the hearing or hearings.
(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 witnesses on its behalf.
(5)
Based upon the testimony presented at the hearing or hearings,
the Borough Council 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 Borough Council
is found to have merit, the Borough Council may accept a landowner's
curative amendment, with or without revision, or may adopt an alternative
amendment that 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 Borough Council, 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
provision 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 proposal on the preservation of agriculture
and other land uses which are essential to public health and welfare.
(6)
The Borough Council 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 Hearing Board or 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 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 Borough Council, as the case may be, fails to commence the hearing within the time limits set forth in Subsection D.
(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.
(4)
The Zoning Hearing Board or 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 is extended by mutual consent
by the landowner and Borough.
G.
Where, after the effective date of this chapter, a curative amendment proposal is approved by the grant of a curative amended application by the Borough Council pursuant to § 440-145A(1) of this chapter 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 Chapter 370, Subdivision and Land Development, or Article VII of the Municipalities Planning Code.[1] 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
[1]
Editor's Note: See 53 P.S. § 10701 et seq.
H.
If a Borough 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.
