The following types of appeals are set forth in Articles IX[1] and X-A[2] of the Pennsylvania Municipalities Planning Code, and each has procedures as noted in the Pennsylvania Municipalities Planning Code and below.
Type of Appeal
Agency of Jurisdiction
Reference
Validity of ord. procedural question
Bucks County Court of Common Pleas
§ 450-1201
Validity of ord. substantive questions; landowner appeals
Zoning Hearing Board or Borough Council
§§ 450-1202, 450-1104 and 450-1105
Validity of ord. substantive questions; persons aggrieved
Zoning Hearing Board
§§ 450-1203 and 450-1206
Appeal of decisions or orders — no validity question involved; landowner appeals
Zoning Hearing Board
§§ 450-1204 and 450-1207
Appeal of decisions or orders — no validity question; persons aggrieved
Zoning Hearing Board
§ 450-1205
[1]
Editor's Note: See 53 P.S. § 10901 et seq.
[2]
Editor's Note: See 53 P.S. § 11001-A et seq.
Questions of alleged defects in the enactment or adoption of an ordinance or map shall be raised by an appeal taken directly from the action of Borough Council to the Bucks County Court of Common Pleas within 30 days from the enactment or adoption of the ordinance or map.
An applicant who, on substantive grounds, desires to challenge the validity of an ordinance, map, or provision, which prohibits or restricts the use or development of land in which he has an interest, shall submit the challenge:
A. 
To the Zoning Hearing Board for a report under § 450-1104, Challenge to the validity of the chapter or map, or § 450-1105, Unified appeals; or
B. 
To Borough Council with a request for a curative amendment. Borough Council shall hold a hearing as required in this article. The curative amendment shall be referred to the Planning Commission in accordance with § 450-1207.
C. 
The submission referred to in § 450-1202A and B shall be governed by the following (references to "the Board" shall mean the Zoning Hearing Board or Borough Council depending on the type of appeal):
(1) 
The applicant shall make a written request to the Zoning Hearing Board that it hold a hearing on the challenge. The request shall comply with the requirements of § 450-1107.
(2) 
The request may be submitted at any time after the ordinance or map takes effect; but if an application for a permit or approval is denied, the request shall be made within the time provided for appeal from denials. If the applicant makes a timely request, the time within which appellate review of decisions on all issues shall not begin to run until all requests to Borough Council and the Zoning Hearing Board are finally disposed of.
(3) 
The applicant shall not be required to produce all plans and materials required by § 450-1107, or meet all of the requirements for preliminary, tentative, or final approval or for the issuance of a permit so long as the documents provide reasonable notice of the proposed use or development and a sufficient basis for evaluating the challenged ordinance or map. The applicant is not precluded from first seeking a final permit or approval before submitting a challenge to the Zoning Hearing Board.
(4) 
If the submission is made to Borough Council, the request shall be accompanied by an amendment or amendments to the ordinance proposed by the applicant to cure the alleged defects.
(5) 
Notice of the hearing required by § 450-1209 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 applicant's request, including the plans submitted pursuant to § 450-1202C(3) and the proposed amendments, if any, submitted under § 450-1202C(4), may be examined by the public.
(6) 
The Zoning Hearing Board shall hold a hearing upon the applicant's request, commencing not later than 60 days after the request is filed, unless the applicant requests or consents in writing to an extension of time.
D. 
Hearings pursuant to § 450-1202A or B shall be held by the Zoning Hearing Board or Borough Council, as the case may be. The Board shall conduct hearings and make decisions in accordance with the following requirements:
(1) 
The parties to the hearing shall be the applicant, the Borough of Langhorne, any person affected by the application who has made timely appearance of record before the Board, and any other person including civic or community organizations permitted to appear by the Board. The Board may require that all persons who wish to be considered parties, enter appearances in writing on forms provided for that purpose.
(2) 
The chair or acting chair of the Zoning Hearing Board or the President of the Borough Council shall have the 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.
(3) 
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 to cross-examine adverse witnesses on all relevant issues.
(4) 
Formal rules of evidence shall not apply; but irrelevant, immaterial, or unduly repetitious evidence may be excluded.
(5) 
The Zoning Hearing Board shall keep a stenographic record of the proceedings; and transcript of the proceedings, and copies of graphic or written material received in evidence, shall be made available to any party at cost.
(6) 
Borough Council shall keep minutes as a record of the proceedings. The minutes, after adoption by Borough Council, shall be made available to any person, at cost.
(7) 
The Board shall not communicate, directly or indirectly, with any party or the representative of any party connected with any issue involved, except upon notice, and where all parties have opportunity to participate. The Board shall not take notice of any communication, report, staff memorandum, or other materials unless the parties are afforded an opportunity to contest the material so noticed, and shall not inspect the site or its surroundings after the start of hearings with any party unless all parties are given an opportunity to be present.
(8) 
The Board shall render a written decision, or render its findings on the application, within 45 days after the last hearing before the Board or hearing officer. Conclusions based on the provision of any act of the commonwealth, 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, the decision shall be deemed to have been rendered in favor of the applicant, unless the applicant has agreed in writing to the extension of time. No presumption shall be created by the failure of Borough Council to act within a specified time period.
(9) 
A copy of the final decision or, where no decision is called for, of the findings shall be given to the applicant personally or mailed not later than the following day. To all persons who have filed names and addresses with the Board prior to the close of hearings, the Board shall mail a brief notice of the decision or findings and notice of the place where the full decision or findings may be examined.
E. 
After submitting a challenge to the Zoning Hearing Board or Borough Council as provided in § 450-1202A and B, the applicant may appeal to court within 30 days after notice of the decision is issued.
F. 
Failure to appeal the denial of a request for a curative amendment under § 450-1202C(2) shall not preclude the applicant from presenting the same validity question by commencing a proceeding as provided in § 450-1202A
G. 
For purposes of § 450-1202D, the applicant's request for a curative amendment is denied when: Borough Council notifies the applicant that it will not adopt; Borough Council adopts another amendment unacceptable to the applicant; or Borough Council fails to act on the applicant's request, in which event the applicant may take further action on the forty-fifth day after the close of the last hearing on the request, unless the time is extended by mutual consent between the applicant and Borough Council.
Persons aggrieved by a use or development permitted on the land of another or by an ordinance, map, or provision, who desire to challenge its validity on substantive grounds, shall submit their challenge to the Zoning Hearing Board as a challenge to the validity of ordinance or map, § 450-1104 of this chapter. The submission shall be governed by the following:
A. 
A written request shall be submitted to the Board that it hold a hearing on the challenge. The request shall contain a short statement reasonably informing the Board of the matters in issue and the grounds for the challenge and shall comply with the requirements of § 450-1107.
B. 
No person shall be allowed to file any proceeding with the Board later than 30 days after any decision, action or application for development, preliminary or final, has been approved by a Borough officer, agency, or body.
C. 
The Board shall hold a hearing in accordance with § 450-1202D.
D. 
After submitting a challenge to the Board as provided in this section, any party aggrieved may appeal to the Bucks County Court of Common Pleas, filed not later than 30 days after notice of the report of the Zoning Hearing Board is issued.
A. 
A applicant who desires to file a zoning application or to secure review or correction of a decision or order of Borough Council or of any officer or agency of the Borough which prohibits or restricts the use or development of land in which he has an interest, on the grounds that such decision or order is not authorized by or is contrary to the provisions of an ordinance or map, shall proceed as follows:
(1) 
From a decision of Borough Council or planning commission under Chapter 390, Subdivision and Land Development, the applicant may appeal directly to court or to the Zoning Hearing Board under § 450-1107 if applicable.
(2) 
To the extent that the Zoning Hearing Board has jurisdiction under § 450-1101, Interpretation, all other appeals shall lie exclusively with the Board.
(3) 
Applications for variances or special exceptions shall be made exclusively to the Zoning Hearing Board.
B. 
All appeals to the Zoning Hearing Board pursuant to this section shall be filed within 30 days after notice of the decision is issued; or if no decision is made, within 30 days after it is deemed to have been made under the provisions of this chapter and the Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
Borough Council may, from time to time, amend, change, modify, supplement, or repeal this chapter, including the Zoning Maps. When doing so, Borough Council shall proceed in the manner prescribed in this article, the Borough Code,[1] and the Pennsylvania Municipalities Planning Code.[2]
[1]
Editor's Note: See 8 Pa.C.S.A. § 101 et seq.
[2]
Editor's Note: See 53 P.S. § 10101 et seq.
Proposals for amendment, supplement, change, modification, or repeal may be initiated by Borough Council on its own motion, by Planning Commission, or by petition of owner(s) of property affected by the proposal, subject to the following provisions:
A. 
Proposals originated by Borough Council. Borough Council shall refer the proposed amendment, change, supplement, modification, or repeal to the Planning Commission. Within 45 days of the submission of the proposal, the Planning Commission shall submit to Borough Council a report containing the Commission's recommendation, including any additions or modifications to the original proposal.
B. 
Proposals originated by the Planning Commission. The Planning Commission may at any time send to Borough Council any proposal for the amendment, supplement, change, modification, or repeal of this chapter.
C. 
Proposals originated by a citizen's petition. A petition by one or more owners of property affected by a proposal for amendment, supplement, change, or modification shall be signed and acknowledged, and submitted in writing to the Borough Secretary. On receipt of the petition, Borough Council shall send a copy of the petition to the Planning Commission who shall, within 45 days, submit to Borough Council a report containing their recommendation, including any additions or modifications to the original proposal.
A change of zoning means a deviation from the planned growth pattern of the Borough. Such changes invariably have an impact on the community, on the environment, or on taxes. A detailed statement of these impacts, prepared by experts or those knowledgeable in the applicable fields, shall be submitted pursuant to this article. The impact statement shall be prepared by the applicant at his expense and submitted in a single report with the application for the change of zoning. The studies shall fully disclose all methods and procedures used; and where a need is identified, the costs to fulfill such need will be estimated. All items shall be addressed and those which are considered not to be applicable shall be identified as such. Where a specific zoning change presents problems or potential problems not identified herein, Borough Council may request the applicant to prepare additional studies to address said problems. Such statements shall contain the following:
A. 
Environmental impact. Is there any change in existing environmental conditions? If so, what is the predicted impact on stormwater run-off, aquifer recharge, erosion, wetlands, wildlife habitats, scenic areas, the general amenity of the community.
B. 
Transportation impact.
(1) 
Analysis of existing road capacities adjacent to site and from the site to bounds of the Borough. Indication of projected destinations of trips, and total trip generation based on the following rates:
Land Use
Trip Generation
(trips per unit of measure)
Residential
Detached dwelling units
9.5 per occupied du
Attached dwelling units
8.1 per occupied du
Apartment
6.7 per occupied du
Perf. std. devel.
5.4 per occupied du
Retirement community
3.3 per occupied du
Commercial
Community SC over 100,000 square feet
58 per 1,000 square feet gross floor area
Neighborhood SC less than 100,000
84 per 1,000 square feet gross floor area
Supermarket
135 per 1,000 square feet gross floor area
Hotel, inn, bed-and-breakfast
10 per room
All other freestanding retail stores
88 per 1,000 square feet gross floor area
Business
Offices
17 per 1,000 square feet gross floor area
Industrial
Single building over 500,000 square feet
4.2 per 1,000 square feet gross floor area
Single building under 500,000 square feet
4.9 per 1,000 square feet gross floor area
Warehouse
5.5 per 1,000 square feet gross floor area
Institutional
Educational facilities
1.4 per student
Hospitals and nursing facilities
12 per bed
(2) 
Capacities for arterial and collector roads shall be considered to be PennDOT Level of Service "C." All hazardous or congested areas, existing or probable, shall be identified. Recommended improvements and their costs shall be listed.
C. 
Services impact.
(1) 
Define demand for public service, recreation, fire protection, sewer, water, police, and schools. Where standards of use are set by other agencies such as the Department of Environmental Protection, these shall be used. For schools, the following school children yields shall be used:
1 Bedroom
2 Bedroom
3 Bedroom
4 Bedroom or more
Single-family, duplex, patio
—
—
0.63
1.30
Atrium, townhouse, multiplex
—
0.22
0.65
1.05
Apartments
0.05
0.35
0.60
—
(2) 
All capacities of existing facilities shall be identified and compared with demands that would be generated if the proposal were implemented.
D. 
Regional impact. Regional housing needs shall be examined and Borough needs identified.
A. 
Notice of the hearing shall be published once a week for two successive weeks in a newspaper of general circulation in the Borough of Langhorne. Such notice shall state the time, date and place of the meeting, the name of the applicant, the property involved, and the request for action. The first publication shall be not more than 30 days nor less than 14 days from the date of the hearing.
B. 
Public notice shall be given and written notice shall be given to the applicant, the Zoning Officer, abutting and adjacent property owners, and such other persons as 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 provisions, by rules of the Zoning Hearing Board. In addition to the written notice provided, written notice of the hearing shall be conspicuously posted on the affected tract of land at least one week prior to the hearing.
C. 
Borough Council may prescribe reasonable fees with respect to hearings and applications. Fees may include compensation for the secretary and members of the zoning hearing board, notice and advertising costs, and administrative overhead connected with the application and hearing. The costs, however, shall not include legal expenses, expenses for engineering, architectural or other technical consultants, or expert witness costs incurred by the Board.
D. 
The hearing shall be held within 60 days from the date of the applicant's request, unless the applicant has agreed in writing to an extension of time.
E. 
The hearings shall be conducted by the Board or the Board may appoint a member as a hearing officer. The decision, or, where no decision is called for, the findings shall be made by the Board; however, the applicant, in addition to Borough Council, 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.
F. 
The parties to the hearing shall be the applicant, the Borough, any person affected by the application who has made timely appearance of record before the Board, and any other person including civic or community organizations permitted to appear by the Board. The Board shall have 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.
G. 
The chair or acting chair of the Zoning Hearing Board, the hearing officer presiding, or the President of Borough Council 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.
H. 
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.
I. 
Formal rules of evidence shall not apply, but irrelevant, immaterial, or unduly repetitious evidence may be excluded.
J. 
The Zoning Hearing Board or the hearing officer 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 Zoning Hearing 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 an appeal is made. 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 its cost.
K. 
Borough Council shall keep minutes as a record of all proceedings. After adoption by Borough Council, the minutes shall be made available to any person, at cost.
L. 
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 reports, communication, 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.
M. 
The Board or the hearing officer 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, the decision shall be accompanied by findings of fact, reasons, and conclusions. Conclusions based on any provisions of this chapter, any other law, act, ordinance, 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 the report and recommendations available to the parties within 45 days and the parties shall be entitled to make written representations 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.
N. 
Where the Zoning Hearing Board fails to render the decision within the period required or fails to hold the required hearing within 60 days from the date of the applicant's request for a hearing, the decision shall be deemed to have been rendered in favor of the applicant unless the applicant has agreed in writing or on the record to an extension of time. When a decision has been rendered in favor of the applicant because of the failure of the Zoning Hearing Board to meet or render a decision as provided, the Zoning Hearing Board shall give public notice of the 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 the 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.
O. 
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 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.
Whenever Borough Council changes the zoning classification on a parcel of ground, upon application and upon the representation that a certain use will be made of the property after the change, the applicant shall have a one year period within which to obtain a zoning and building permit and to commence actual construction. Should the applicant fail to commence construction within the stipulated period, Borough Council shall have the right to change the zoning classification of the parcel back to the classification which existed before the rezoning was executed. This provision shall apply to curative amendments as well as to other types of zoning changes.