Township of Sugarloaf, PA Part 7 ZONING HEARING BOARD

§ 27-701 Creation and Membership.

[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.

§ 27-702 Organization.

[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.

[2] Editor's Note: See 53 P.S. § 10903(b).

[3] Editor's Note: See 53 P.S. § 10906.

[4] Editor's Note: See 53 P.S. § 10907.

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.

§ 27-703 Expenditures.

[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.

§ 27-704 Hearings.

[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.

§ 27-705 Jurisdiction.

[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:

A. Substantive challenges to the validity of this chapter, except those brought before the Board of Supervisors pursuant to § 27-905, "Curative Amendments," and § 27-710, "Validity; Substantive Questions."

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.

E. Applications for variances from the terms of this chapter and the flood hazard provisions herein, pursuant to § 27-706, Subsection 1, and § 27-523, Subsection 6E.

F. Applications for special exceptions under this chapter or floodplain or flood hazard provisions within this chapter, pursuant to § 27-706, Subsection 2

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:

A. All applications for approvals of planned residential developments under § 27-529.

B. All applications for approval of subdivision or land developments pursuant to § 22-403 of Chapter 22, Subdivision and Land Development.

C. Applications for curative amendment to this chapter pursuant to the procedures set forth in § 27-905.

D. All petitions for amendments to this chapter pursuant to the procedures set forth in Part 9.

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).

§ 27-706 Zoning Hearing Board Functions.

[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).

§ 27-707 Parties Appellant Before Zoning Hearing Board.

[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.

§ 27-708 Time Limitations.

[Ord. No. 5-2005, 10/11/2005; as amended by Ord. No. 2-2022,[1] 8/19/2022]

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,[2] 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,[3] shall preclude an appeal from the final approval except in the case where the final submission substantially deviates from the approved tentative approval.

[2] Editor's Note: See 53 P.S. § 10709.

[3] Editor's Note: See 53 P.S. § 10916.2.

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. Section 27-708.3 shall apply to the expiration of approvals for residential projects and or improvements.

4. This Subsection 4 shall apply to commercial and industrial projects and or improvements. The holder of a variance, special exception or condition use approval where the proposed improvement(s) require subdivision or land development approval under the Township's Subdivision and Land Development Ordinance, shall be required to reach substantial completion of the improvement(s) within a period of two years from the date of receipt of the subdivision and/or land development approval with conditions satisfied. If the improvement(s) requires a federal or state permit or approval, then the time limit applies from the date of such permit issuance or approval, provided the following occurs: (a) that the applicant applies for such permit or approval during the Township subdivision and land development approval process; and (b) that the applicant continues to diligently seek such approval or permit. The Zoning Officer may, upon application in writing stating the reason therefor and upon payment of a fee of $100 made payable to Sugarloaf Township, extend the substantial construction deadline period up to 12 months.

[1] Editor's Note: This ordinance provided that it shall be retroactive to 11-1-2019.

§ 27-709 Stay of Proceedings.

[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.

§ 27-710 Validity; Substantive Questions.

[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:

A. To the Zoning Hearing Board under § 27-705, Subsection 1A and B.

B. To the Board of Supervisors under Section 909.1(b)(4) of the Pennsylvania Municipalities Planning Code, as it may be amended from time to time,[1] together with a request for a curative amendment under § 27-905 hereof.

[1] Editor's Note: See 53 P.S. § 10909.1(b)(4).

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. The submissions referred to in Subsections 1 and 2 shall be governed by the following:

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.

§ 27-711 Procedure to Obtain Preliminary Opinion.

[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.