The following types of appeals are set forth
in the Pennsylvania Municipalities Planning Code,[1] and each has its own procedures as noted:
|
Type of Appeal
|
Agency of Jurisdiction
|
Reference
|
|---|---|---|
|
Validity of ordinance procedural questions
|
Bucks County Court of Common Pleas
|
§ 340-115
|
|
Validity of ordinance substantive questions;
landowner appeals
|
Zoning Hearing Board or Borough Council
|
§ 340-116
|
|
Validity of ordinance substantive questions;
persons aggrieved
|
Zoning Hearing Board
|
§ 340-117
|
|
Appeal of decisions or orders; no validity question
involved
|
Zoning Hearing Board
|
§ 340-118
|
[1]
Editor's Note: See 53 P.S. § 10101
et seq.
Questions of an alleged defect in the process
of enactment or adoption of any ordinance or map shall be raised by
an appeal taken directly from the action of the governing body to
the Bucks County Court of Common Pleas not later than 30 days from
the effective date of the ordinance or map.
A.
Submission.
(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:
B.
The submissions referred to in Subsection A(1)(a) and (b) above shall be governed by the following (all references to the Board shall mean the Zoning Hearing Board or the governing body, depending on the type of appeal):
(1)
The landowner shall make a written request to the
Board that it hold a hearing on his challenge. The request shall contain
a short statement reasonably informing the Board of the matters that
are in issue and the grounds for the challenge.
(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 thereunder, the request shall be made not later
than the time provided for appeal from the denial thereof. In such
case, if the landowner elects to make the request to the Borough Council
and the request is timely, the time within which he may seek review
of the denial of the permit or approval on other issues shall not
begin to run until the request to the Borough Council is finally disposed
of.
(3)
The request shall be accompanied by plans and other
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 and 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
contained herein shall preclude the landowner from first seeking a
final permit or approval before submitting his challenge to the Board.
(4)
If the submission is made to the Borough Council,
the request shall be accompanied by an amendment to the ordinance
proposed by the landowner to cure the alleged defects therein.
(5)
Notice of the hearing request by Subsection B(1) above 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 landowner's request, including the plans submitted pursuant to Subsection B(3) and the proposed amendments, if any, submitted under Subsection B(4), may be examined by the public.
(6)
The Borough Council shall hold a hearing upon the
landowner's request, commencing not later than 60 days after the request
is filed, unless the landowner requests or consents, in writing, to
an extension of time.
C.
Hearings pursuant to Subsection A(1)(b) or B(1) above shall be held by the Zoning Hearing Board or the Borough Council, as the case may be. The Board or Council shall conduct hearings and make decisions in accordance with the following requirements:
(1)
The parties to the hearing shall be 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 may require that all persons who wish to be considered parties
enter appearances in writing on forms provided for that purposes.
(2)
The Chairperson or Acting Chairperson of the Board
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 Board shall keep a stenographic record of the
proceedings; and a transcript of the proceedings and copies of graphic
or written material received in evidence shall be made available to
any party at cost.
(6)
The Board shall not communicate, directly or indirectly,
with any party or his representative in connection 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 memoranda, 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 commencement of
hearings with any party unless all parties are given an opportunity
to be present.
(7)
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 provisions
of any act of the commonwealth, or 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 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 an extension of time.
(8)
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 prior to the close of the hearings, the Board shall mail a brief
notice of the decision or findings and a notice of the place where
they may examine the full decision or findings.
D.
After submitting his challenge to the Board or Borough Council as provided in Subsection A(1)(a) and (b) of this section, the landowner may appeal to the court by filing same within 30 days after notice of the report of the Zoning Hearing Board is issued or after the governing body has denied the landowner's request for a curative amendment. Failure to appeal the denial of a request for a curative amendment under Subsection A(1)(b) shall not preclude the landowner from thereafter presenting the same validity questions by commencing a proceeding as provided in Subsection A(1)(a) of this section.
E.
For purposes of Subsection D, the landowner's request for a curative amendment is denied when the Borough Council notifies the landowner that it will not adopt the amendment, or the Borough Council adopts another amendment which is unacceptable to the landowner, or the Borough Council fails to act on the landowner's request, in which event the denial is deemed to have occurred on the 45th day after the close of the last hearing on the request, unless the time is extended by mutual consent between the landowner and the Borough.
Persons aggrieved by a use or development permitted on the land of another, by an ordinance or map or any provision thereof, who desire to challenge its validity on substantive grounds shall submit their challenge to the Zoning Hearing Board as a "challenge to the validity of an ordinance or map," § 340-101 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.
B.
No person shall be allowed to file any proceeding
with the Board later than 30 days after any application for development,
preliminary or final, has been approved by an appropriate municipal
officer agency, or body, if such proceeding is designed to secure
reversal or to limit the approval in any manner.
D.
After submitting his challenge to the Board as provided
in this section, any party aggrieved may take the same to the Bucks
County Court of Common Pleas by appeal filed not later than 30 days
after notice of the report of the Board is issued.
A.
A landowner who desires to file a zoning application
or to secure review or correction of a decision or order of the governing
body or of any office or agency of the Municipality which prohibits
or restricts the use or development of land in which he has an interest,
on the grounds that such decision or other is not authorized by or
is contrary to the provisions of an ordinance or map, shall proceed
as follows:
(1)
From a decision of the governing body or planning agency under Chapter 290, Subdivision and Land Development, the landowner may appeal directly to the court.
(2)
To the extent that the Board has jurisdiction of the same under § 340-98 (interpretation of Zoning Officer's decisions), all other appeals shall lie exclusively to the Zoning Hearing 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, Act 247 of 1968.[1]
[1]
Editor's Note: See 53 P.S.§ 10101
et seq.
Application shall be made directly to the Zoning Hearing Board under the provisions of § 340-118 where such action involves a question of the Zoning Officer's decision or an action by the governing body, Planning Commission or other Borough official.
The Borough Council may, from time to time,
amend supplement, change, modify or repeal this chapter, including
the Zoning Map. When doing so, the Council shall proceed in the manner
prescribed in this article.
Proposals for amendment, supplement, change,
modification, or repeal may be initiated by the Borough Council on
its own motion, by the Planning Commission, or by petition of one
or more owners of property to be affected by the proposed amendment,
subject to the following provisions:
A.
Proposals originated by the governing body. The governing
body shall refer every proposed amendment, supplement, change, modification,
or repeal originated by the Board to the Planning Commission . Within
30 days of the submission of said proposal, the Planning Commission
shall submit to the Borough Council a report containing the Commission's
recommendation, including any additions or modifications to the original
proposal.
B.
Proposals originated by the Planning Commission. The
Planning Commission may at any time transmit to the Borough Council
any proposal for the amendment, supplement, change, modification,
or repeal of this chapter.
C.
Proposals originated by a citizen's petition. Each
petition by one or more owners of property to be affected by a proposal
for amendment, supplement, change or modification shall be signed
and acknowledged and submitted, in writing, to the Secretary of the
Borough Council. On receipt of said petition, the governing body shall
transmit a copy of the petition to the Planning Commission.
No such amendment, supplement, change, modification,
or repealer shall become effective until after a public hearing in
relation thereto at which parties in interest and citizens shall have
an opportunity to be heard. Public notice of each hearing to consider
amendments shall be made in accordance with the provisions of the
Pennsylvania Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10101
et seq.
Unless otherwise provided by law or in this
chapter, no building or structure shall be erected, constructed, reconstructed,
altered, razed or removed, and no building structure or land shall
be used or occupied, except for the purposes permitted herein.
In case any building or structure is erected,
constructed, reconstructed, altered, repaired, converted, or maintained
or any building, structure, or land is used in violation of this chapter,
the Borough Council or the Zoning Officer, with the approval of the
governing body, may institute in the name of the Municipality any
appropriate action or proceedings to prevent such unlawful erection,
construction, reconstruction, alteration, repair, conversion, maintenance
or use; to restrain, correct, or abate such violation; to prevent
the occupancy of said building, structure, or land; or to prevent
any illegal act, conduct, business, or use in or about such premises.
The rights and remedies provided in this chapter are cumulative and
are in addition to all other remedies provided by law.
A.
In addition to the right of the Borough to enforce
a zoning ordinance by an action in equity in the Court of Common Pleas
of Bucks County and any other rights the Borough may have at law,
for any and every violation of the provisions of this chapter, the
owner, general agent, or contractor of a building or premises where
such a violation has been committed or shall exist; the owner, general
agent, contractor, lessee or tenant of any part of a building or premises
in which part such violations have been committed or shall exist;
and/or the general agent, architect, builder, contractor, or any person
who knowingly commits, takes part, or assists in any such violation
or who maintains any buildings or premises in which any such violation
shall exist shall be liable therefor in a civil enforcement proceeding
commenced by a Borough, for a judgment of not less nor more than $500,
plus all court costs, including reasonable attorneys' fees incurred
as a result of the prosecution. Each day that a violation continues
shall constitute a separate violation.
B.
Such judgment shall be entered after suit before any
Magisterial District Judge.
C.
Enforcement proceedings against violations of this
chapter shall be commenced by sending an enforcement notice as provided
in this section.
(1)
The enforcement notice shall be sent to the owner
of record on which the violation has occurred, to any person who has
filed a written request to receive enforcement notices regarding that
parcel, and to any other person requested, in writing, by the owner
of record.
(2)
An enforcement notice shall state the following:
(a)
The name of the owner of record and any other
person against whom the Borough intends to take action.
(b)
The location of the property in violation, including
the Tax Map parcel number.
(c)
The specific violation, with a description of
the requirements which have not been met, citing in each instance
the applicable provisions of the chapter.
(d)
That the violator must commence steps to come
into compliance within five days of the date of the notice and must
be in compliance within 30 days of the date of the notice.
(e)
That the recipient of the notice has the right
to appeal to the Zoning Hearing Board within 30 days.
(f)
That failure to comply with the notice within
the time specified, unless extended by appeal to the Zoning Hearing
Board, constitutes a violation, with possible sanctions described.
