[Ord. No. 5-2005, 10/11/2005]
There is hereby created a Zoning Hearing Board. As used in this
chapter, unless expressly indicated otherwise, the term "Board" shall
refer to the Zoning Hearing Board. Members of the Board shall be appointed
by the Board of Supervisors. The Board shall consist of three members,
one of whom shall be designated to serve until January 1 following
the adoption of this chapter, one until the first day of the second
January thereafter, and one until the first day of the third January
thereafter. Their successors shall be appointed upon the expiration
of their respective terms to serve three years. Appointments to vacancies
shall be only for the unexpired portion of the term. Members shall
be residents of the Township and shall hold no other office in the
Township. Members shall be removable for cause by the Board of Supervisors
in accordance with the procedures established in the Pennsylvania
Municipalities Planning Code, as amended.
[Ord. No. 5-2005, 10/11/2005]
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 the members of the Board of but where
two members are disqualified to act in a particular matter, the remaining
member may act for the Board. 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 Section
1407(2)(1)(d).[1] The Board may make, alter and rescind rules and forms
for its procedures, consistent with the ordinances of the Township
and laws of the Commonwealth of Pennsylvania. Meetings shall be held
at the call of the Chairman and at such other times as the Board may
determine. All meetings of the Board shall be open to the public.
The Board shall keep full public records of its business and shall
submit a report of its activities to the Board of Supervisors once
a year.
[1]
Editor's Note: So in original.
2.
Appointment of Alternate Members. The governing body may appoint
up to three alternate members of the Zoning Hearing Board in accordance
with the provisions of Section 903(b) of Act 247, as amended.[2] The term of office of an alternate member shall be three
years. When seated pursuant to the provisions of Section 906 of Act
247, as amended,[3] an alternate shall be entitled to participate in all proceedings
and discussions of the Board to the same and full extent as provided
by law for Board members, including specifically the right to cast
a vote as a voting member during the proceedings, and shall have all
the powers and duties set forth in this act and as otherwise provided
by law. Alternates shall hold no other office in the municipality,
including membership on the Planning Commission and Zoning Officer.
Any alternate may participate in any proceeding or discussion of the
Board but shall not be entitled to vote as a member of the Board nor
be compensated pursuant to Section 907 of Act 247, as amended,[4] unless designated as a voting alternate member pursuant
to Section 906 of Act 247, as amended.
3.
If, by reason of absence or disqualification of a member, a quorum
is not reached, the Chairman 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 subsection shall be made on a case-by-case
basis in rotation according to declining seniority among all alternates.
[Ord. No. 5-2005, 10/11/2005]
Within the limits of funds appropriated by the Board of Supervisors,
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 Board of Supervisors, but in no case shall
it exceed the rate of compensation authorized to be paid to the members
of the Board of Supervisors.
[Ord. No. 5-2005, 10/11/2005]
1.
The Board shall conduct hearings and make decisions 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 governing
body 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 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.
(1)
The governing body may prescribe reasonable fees with respect
to hearings before the Zoning Hearing Board. Fees for said hearings
may include compensation for the Secretary and members of the Zoning
Hearing Board, notice and advertising costs and necessary administrative
overhead connected with the hearing. The costs, however, shall not
include legal expenses of the Zoning Hearing Board, expenses for engineering,
architectural or other technical consultants or expert witness costs.
(2)
The first hearing before the Board or hearing officer shall
be commenced within 60 days from the date of receipt of the applicant's
application, unless the applicant has agreed, in writing, to an extension
of time. Each subsequent hearing before the Board or hearing officer
shall be held within 45 days of the prior hearing, unless otherwise
agreed to by the applicant, in writing or on the record. An applicant
shall complete the presentation of his case-in-chief within 100 days
of the first hearing. Upon the request of the applicant, the Board
or hearing officer shall assure that the applicant receives at least
seven hours of hearings within the 100 days, including the first hearing.
Persons opposed to the application shall complete the presentation
of their opposition to the application within 100 days of the first
hearing held after the completion of the applicant's case-in-chief.
An applicant may, upon request, be granted additional hearings to
complete his case-in-chief, provided the persons opposed to the application
are granted an equal number of additional hearings. Persons opposed
to the application may, upon the written consent on the record by
the applicant and municipality, be granted additional hearings to
complete their opposition to the application, provided the applicant
is granted an equal number of additional hearings for rebuttal.
(3)
The hearings shall be conducted by the Board, or the Board may
appoint any member or an independent attorney 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 municipality, 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.
(4)
The parties to the hearing shall be the municipality, any person
affected by the application who has made timely appearance of record
before the Board, and other persons, including civic or community
organizations, permitted to appear by the Board. The Board shall have
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.
(5)
The Chairman or acting Chairman 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.
(6)
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.
(7)
Formal rules of evidence shall not apply, but irrelevant, immaterial,
or unduly repetitious evidence may be excluded.
(8)
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.
(9)
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, except advice from their
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.
(a)
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. If the hearing is conducted by a hearing
officer, and there has been no stipulation that his decision 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 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. Except
for challenges filed under Section 916.1 of the Pennsylvania Municipalities
Planning Code[1] where the Board fails to render the decision within the period required by this subsection or fails to commence, conduct or complete the required hearing as provided in § 207-704, Subsection 1A(2), 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 hereinabove 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 § 207-704, Subsection 1. 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.
[1]
Editor's Note: See 53 P.S. § 10916.1.
(10)
A copy of the final decision or, where no decision is called
for, of the findings shall be delivered to the applicant personally
or mailed to him not later than the day following its date. To all
other persons who have filed their name and address with the 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. No. 5-2005, 10/11/2005]
1.
Zoning Hearing Board's Jurisdiction. The Zoning Hearing Board shall
have exclusive jurisdiction to hear and render final adjudications
in the following matters:
B.
Challenges to the validity of this chapter raising procedural questions
or alleged defects in the process of enactment or adoption, which
challenge shall be raised by an appeal taken within 30 days after
the effective date of this chapter.
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 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.
D.
Appeals from a determination by the Township Engineer or the Zoning
Officer with reference to the administration of any floodplain or
flood hazard provisions within this chapter.
G.
Appeals from the Zoning Officer's determination of preliminary opinion pursuant to the requirements of § 27-711.
H.
Appeals from the determination of the Zoning Officer or Township Engineer in the administration of any provision of this chapter with reference to sedimentation and erosion control and stormwater management insofar as the same relate to development not involving the Chapter 22, Subdivision and Land Development, or planned residential development applications.
2.
Board of Supervisors Jurisdiction. The Board of Supervisors shall
have exclusive jurisdiction to hear and render final adjudications
in the following matters:
C.
Applications for curative amendment to this chapter pursuant to the procedures set forth in § 27-905.
E.
Appeals from the determination of the Zoning Officer or Township Engineer in the administration of any provision of this chapter with reference to sedimentation and erosion control and Chapter 26, Part 1, Stormwater Management, insofar as the same relate to development involving Chapter 22, Subdivision and Land Development, or planned residential development applications.
3.
Applicability of Judicial Remedies. Nothing contained in this Part
shall be construed to deny the applicant the right to proceed directly
to court where appropriate, pursuant to the Pennsylvania Rules of
Civil Procedure 1091 (relating to action in mandamus).
[Ord. No. 5-2005, 10/11/2005]
1.
Variances. The Zoning Hearing Board shall hear requests for variances
where it is alleged that the provisions of this chapter inflict unnecessary
hardship upon the applicant.
A.
That there are unique physical circumstance or conditions, including
irregularity, narrowness or shallowness of lot size or shape or exceptional
topographical or other physical conditions peculiar to the particular
property, and that the unnecessary hardship is due to such conditions
and not the circumstances or conditions generally created by the provisions
of this chapter in the neighborhood or district in which the property
is located.
B.
That, because of such physical circumstances or conditions, there
is no possibility that the property can be developed in strict conformity
with the provisions of this chapter and that the authorization of
a variance is therefore necessary to enable the reasonable use of
the property.
C.
That such unnecessary hardship has not been created by the 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.
F.
In granting any variance, the Zoning Hearing Board may attach such
reasonable conditions and safeguards as it may deem necessary to implement
the purposes of this chapter and the Pennsylvania Municipalities Planning
Code.
2.
Special Exceptions.
A.
The Zoning Hearing Board shall hear and decide requests for special
exceptions in accordance with the following standards and criteria:
(1)
That the use is a permitted special exception as set forth in
Part 4 hereof.
(2)
That the use is so designed, located and proposed to be operated
that the public health, safety, welfare and convenience will be protected.
(3)
That the use will not cause substantial injury to the value
of other property in the neighborhood where it is to be located.
(4)
That the use shall be compatible with adjoining development
and the character of the zone district where it is proposed to be
located.
(5)
That adequate landscaping and screening is provided as required
herein.
(6)
That adequate off-street parking and loading is provided and
ingress and egress is so designed as to cause minimum interference
with traffic on abutting streets.
(7)
That the use conforms with all applicable regulations governing
the district where located, except as may otherwise be determined
for large-scale development.
(8)
That such use shall not result in unsafe traffic conditions,
traffic congestion or other dangerous traffic conditions.
(9)
That such use shall be located on a site where the soils are
suitable to safely support any structure to be erected, and where
soils are not deemed suitable, a plan shall be submitted, describing
proposed methods to compensate for such unsafe soils conditions; provided,
however, that no such conditions and safeguards shall relate to off-site
transportation or off-site road improvements.
B.
In granting a special exception, the Zoning Hearing Board may attach
such reasonable conditions and safeguards, in addition to those expressed
herein, as it may deem necessary to implement the purposes of this
chapter and of the Pennsylvania Municipalities Planning Code.
C.
When an application for a special exception has been filed with the
Zoning Hearing Board and the subject matter of such application would
ultimately constitute either a land development or a subdivision,
no change or amendment of this chapter, subdivision of other governing
ordinance or plans shall affect the decision on such application adversely
to the applicant, and the applicant shall be entitled to a decision
in accordance with the provisions of the governing ordinances or plans
as they stood at the time the application be approved by the Zoning
Hearing Board. The applicant shall be entitled to proceed with the
submission of either land development or subdivision plans within
a period of six months, or longer as may be approved by the Zoning
Hearing Board, following the date of such approval in accordance with
the provisions of the governing ordinances or plans as they stood
at the time the application was duly filed before the Zoning Hearing
Board. If either land development or subdivision plan is so filed
within said period, such plan shall be subject to the relevant provisions
of Section 508(1) through 508(4) the Pennsylvania Municipalities Planning
Code, as amended.[1]
[1]
Editor's Note: See 53 P.S. § 10508(1) through (4).
[Ord. No. 5-2005, 10/11/2005]
Appeals under § 27-706, Subsection 1, may be filed with the Zoning Hearing Board, in writing, by the landowner affected, any officer or agency of the Township, or any person aggrieved. Requests for a variance under § 27-706, Subsection 2, and § 27-523, Subsection 6E, may be filed with the Zoning Hearing Board by any landowner or any tenant with the permission of such landowner.
[Ord. No. 5-2005, 10/11/2005]
1.
No person shall be allowed to file any proceeding with the Zoning
Hearing Board later than 30 days after any application for development,
preliminary or final, has been approved by an appropriate Township
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. The failure of anyone other than the
landowner to appeal from an adverse decision on a tentative plan pursuant
to Section 709 of the Pennsylvania Municipalities Planning Code, as
it may be amended from time to time,[1] or from an adverse decision by the Zoning Officer on a
challenge to the validity of this chapter or Zoning Map pursuant to
Section 916.2 of the Pennsylvania Municipalities Planning Code, as
it may be amended from time to time,[2] shall preclude an appeal from the 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 landowners shall be
filed by the landowner within 30 days after notice of the determination.
3.
Expiration of Approvals. The approval of a variance, special exception,
or conditional use will automatically expire after a period of one
year from date of approval if construction has not reached completion.
If said construction has not reached completion in one year's time
from date of approval, the applicant may apply for not more than one
ninety-day extension. All such applications shall be accompanied by
an additional fee of $100 payable to the Township of Sugarloaf.
[Ord. No. 5-2005, 10/11/2005]
1.
Upon filing of any proceeding referred to in § 27-707 and during its 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 Zoning Hearing 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 the court having jurisdiction of zoning appeals to order such persons to post bond as a condition to continuing the proceedings before Zoning Hearing Board.
2.
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 the 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.
3.
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 denying a petition for bond shall be interlocutory. An order
directing the responding party to post a bond shall be interlocutory.
4.
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.
[Ord. No. 5-2005, 10/11/2005]
1.
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.
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 ground shall first submit their challenge to the Zoning Hearing Board for a decision thereon under § 27-705, Subsection 1A.
3.
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 reasons for the challenge. Where the landowner desires to challenge the validity of such ordinance and elects to proceed by curative amendment under § 27-905, his application to the Board of Supervisors shall contain, in addition to the requirements of the written request hereof, the plans and explanatory materials describing the use or development proposed by the landowner in lieu of the use or development permitted by the challenged ordinance or map. Such plans or other materials shall not be required to meet the standards prescribed for preliminary, 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 this challenge.
B.
If the submission is made by the landowner to the Board of Supervisors
under Subsection 1B, 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.
C.
If the submission is made to the Board of Supervisors, the Township Solicitor shall represent and advise it at the hearing or hearings referred to in § 27-905.
D.
The Board of Supervisors may retain an independent attorney to present
the defense of the challenged ordinance or map on its behalf and to
present their witnesses on its behalf.
E.
Based on the testimony presented at the hearing or hearings, the Board of Supervisors or the Zoning Hearing Board, as the case may be, shall determine whether the challenged ordinance or map is defective, as alleged by the landowner. If a challenge heard by the Board of Supervisors is found to have merit, the Board of Supervisors shall proceed as provided in § 27-905. 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 shall consider the amendments, plans and explanatory material submitted by the landowner and shall also consider:
(1)
The impact of the proposal upon roads, sewer facilities, water
supplies, schools 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 provision of the ordinance or map.
(3)
The suitability of the site for the intensity of use proposed
by the site's soils, slopes, woodland, wetlands, 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.
F.
The Board of Supervisors or the Zoning Hearing Boards, as the case
may be, shall render its decision within 45 days after the conclusion
of the last hearing.
G.
If the Board of Supervisors or the Zoning Hearing Board, as the case
may be, fails to act on the landowner's request within the time limits
referred to in Subsection 3F, above, a denial of the request is deemed
to have occurred on the 46th day after the close of the last hearing.
4.
The Zoning Hearing Board or Board of Supervisors, as the case may
be, shall commence its hearings within 60 days after the request is
filed unless the landowner requests or consents to an extension of
time.
5.
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.
6.
The challenge shall be deemed denied when:
A.
The Zoning Hearing Board or Board of Supervisors, as the case may be, fails to commence the hearing within the time limits set forth in Subsection 4, above.
B.
The Board of Supervisors notifies the landowner that it will not
adopt the curative amendment.
C.
The Board of Supervisors adopts another curative amendment which
is unacceptable to the landowner.
D.
The Zoning Hearing Board or Board of Supervisors, as the case may
be, fails to act on the request 45 days after the close of the last
hearing on the request, unless the time is extended by mutual consent
by the landowner and the Township.
7.
Where a curative amendment proposal is approved by the grant of a curative amendment application by the Board of Supervisors pursuant to § 27-905 or a validity challenge is sustained by the Zoning Hearing Board pursuant to § 27-706 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 the requirements for subdivision/land development or planned residential development. 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) of the Pennsylvania Municipalities Planning Code[2] shall apply. Where the proposal appended to the curative amendment application or the validity challenge is approved but does not require further application under Chapter 22, Subdivision and Land Development, 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 this chapter, 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 court shall retain or assume jurisdiction for the purpose of awarding such supplemental relief as may be deemed necessary.
[2]
Editor's Note: See 53 P.S. § 10508(4).
8.
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 Section 916.1(a)(2) of the Pennsylvania
Municipalities Planning Code or to the Zoning Hearing Board under
Section 909.1(a)(1) of the Pennsylvania Municipalities Planning Code[3] 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 map, the landowner may file a second substantive challenge to the new or different zoning ordinance or Zoning Map under § 27-710, Subsection 1, hereof
[3]
Editor's Note: See §§ 10916.1(a)(2) and 10909.1(a)(1),
respectively.
[Ord. No. 5-2005, 10/11/2005]
1.
In order not to unreasonably delay the time when a landowner may secure assurance that the ordinance or map under which he 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 § 27-708 by the following procedure.
2.
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.
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 building 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.
3.
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 Township. 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. The favorable preliminary approval under § 27-708 and the time therein specified for commencing a proceeding with the Zoning Hearing Board shall run from the time when the second notice thereof has been published.
