The Zoning Board of Adjustment existing at the time of effectiveness of this Chapter shall be designated as the Zoning Hearing Board under and in accordance with the provisions of this Part and shall continue in accordance with the terms of office as previously appointed. Matters pending before the Board at the time of effectiveness of this Chapter shall continue and be completed under the previous Zoning Chapter in effect at the time the Board took jurisdiction.

(Ord. 45, Z-§ 1400, 5/12/76)

   1.   The Zoning Hearing Board shall consist of three residents of the Township appointed by resolution of the Township Council. Their terms of office shall be 3 years and shall be so fixed that the term of office of one member shall expire each year. Members of the Board shall hold no other elected or appointed office in the Township. The Board shall elect a chairman from its membership, shall appoint a secretary and shall prescribe rules in accordance with State statutes and this Chapter for the conduct of its affairs. Vacancies shall be filled for the unexpired term of any member whose place becomes vacant. The Board shall keep full public records of its business and shall submit a written report of its activities to the Township Council as requested by Council. [Ord. 269]

   2.   The Township Council may appoint by resolution no more than three residents of the Township to serve as alternate members of the board. The term of office of an alternate member of the board shall be 3 years. When seated pursuant to § 27-1402(3)(B), an alternate shall be entitled to participate in all proceedings and discussions of the board to the same and full extent as provided for by law for board members, including specifically the right to cast a vote as voting member during the proceedings and shall have all the powers and duties set forth in this Chapter and as otherwise provided by law. Alternates shall hold no other elected or appointed office in the Township. 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 for such service unless designated as voting alternate member pursuant to § 27-1402(3)(B). [Ord. 489]

(Ord. 45, Z-§ 1401, 5/12/76; as amended by Ord. 269, 10/16/1991, § 3; and by Ord. 489, 10/15/2008, § 1)

The Board or appointed Hearing Officer shall conduct public hearings and make decisions in accordance with the following requirements: [Ord. 451]

   1.   Upon receiving an application for a Special Exception, variance, appeal from alleged error of the Zoning Officer, Challenge to the validity of this Chapter, landowner curative amendment or unified appeal, the Board shall determine a place and reasonable time not to exceed 60 days from the date of receipt of the application for the commencement of a first hearing before the Board or appointed Hearing Officer thereon.

      A.   After the first hearing, each subsequent hearing shall be held within 45 days of the prior hearing, unless otherwise agreed to by the applicant in writing or on the record.

      B.   The applicant shall complete the presentation of this Case-in-Chief within 100 days of the first hearing.

      C.   Upon the request of the applicant, the Board or appointed Hearing Officer shall assure the applicant receives at least 7 hours of hearings within the 100 days, including the first hearing.

      D.   An applicant, upon request, may be granted additional hearings to complete his case-in-chief, provided that the persons opposed to the application are granted an equal number of additional hearings.

      E.   Persons opposed to the application shall complete the presentation of their opposition to the application within 100 days of their first hearing after completion of the applicant’s Case-in-Chief.

      F.   Persons opposed to the application may, upon written consent, or consent on the record, by the applicant and municipality be granted additional hearings to complete their opposition to the application, provided that the applicant is granted an equal number of additional hearings for rebuttal.

[Ord. 451]

   2.   Notice. Notice shall be given as follows: [Ord. 451]

      A.   Publish a public notice. Notice of the hearing shall also be conspicuously posted on the affected tract of land at least 1 week prior to the hearing. [Ord. 518]

      B.   Written notice shall be given to the applicant, the Zoning Officer and adjoining property owners including those across the street and any other person or group including civic or community organizations which has requested notice of hearing of the specific case pending before the Board. Notwithstanding the above, no person shall become a party to any zoning proceeding unless they have entered an appearance in writing at the time of the hearing or unless they are automatically a party to the zoning appeal as provided by applicable law. [Ord. 518]

      C.   In any matter which relates to a property which lies within 500 feet of the boundary of another municipality, the Secretary of the Board shall transmit to the municipal clerk of this other municipality a copy of the official notice of the public hearing on such matters, not later than 1 day after publication thereof The other municipality shall have the right to appear and to be heard at the public hearing.

   3.   Hearings.

      A.   The hearings shall be open to the public and shall be held at the call of the Chairman or appointed Hearing Officer, and at such other times as the Board shall specify in its rules of procedure. The Chairman or appointed Hearing Officer, or in his absence, the Acting Chairman, shall have power to administer oaths and compel the attendance of witnesses. 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 but 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 § 27-1407(6). [Ord. 451]

      B.   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 of this Section shall be made on a case-by-case basis in rotation according to declining seniority among the alternates. [Ord. 489]

      C.   The Township Council or Zoning Hearing Board may appoint an independ ent attorney to act as a Hearing Officer. [Ord. 451]

   4.   All appeals and applications made to the Board shall be in writing and on a form prescribed by the Board. [Ord. 451]

   5.   The Board or 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, staff memoranda, or other materials, except advise 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 representatives unless all parties are given an opportunity to be present. [Ord. 451]

   6.   The Board or Hearing Officer shall keep a stenographic record of the proceedings: a transcript of the proceedings and copies of graphic or written material received in evidence shall be made available to any party at cost. In the event of an appeal from a decision of the Zoning Hearing Board, the party appealing the decision of the Board shall be solely responsible for the cost of the original transcript. [Ord. 451]

   7.   The Board or 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. Each decision shall be accompanied by findings of fact, conclusion and reasons. Conclusions based on any provisions of this Chapter or other regulations shall contain a reference to the provision relied upon 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 their report and recommendations available to the parties within 45 days and the parties shall be entitled to make written recommendations 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. Where the Board fails to render the decision within the period required by this subsection 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. [Ord. 451]

   8.   A copy of the final decision or, where no decision is called for, the findings of the Board shall be delivered to the applicant personally or mailed to him not later than the date following the entry of the Board’s written decision. 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 to any other person(s) who have filed their name and address with the Board not later than the last day of the hearing and who have specifically requested a notice of the entry of decision, in which event such person shall be notified of the entry of the decision either orally at the time of hearing or thereafter in writing. [Ord. 451]

   9.   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 provided in § 27-1402(6), the Zoning Hearing Board shall give public notice of said decision within 10 days from the last day it could have met to render a decision. If the Board shall fail to provide such notice, the applicant may do so. [Ord. 451]

(Ord. 45, Z-§ 1402, 5/12/76; as amended by Ord. 269, 10/16/1991, §§ 6,7,8; by Ord. 451, 10/20/2004, § 6; by Ord. 489, 10/15/2008, § 2; and by Ord. 518, 6/15/2011, § 2)

   1.   The Zoning Hearing Board or appointed Hearing Officer shall have exclusive jurisdiction to hear and render final adjudications in the following matters: [Ord. 451]

      A.   Substantive challenges to the validity of any land use ordinance, except those substantive challenges to be brought exclusively before the governing body (Township Council) pursuant to § 609.1 (landowner curative amend ments) of the Municipalities Planning Code. [Ord. 451]

      B.   Challenges to the validity of a land use ordinance raising procedural questions or alleged defects in the process of enactment or adoption which challenges shall be raised by an appeal taken within 30 days after the effective date of said ordinance.

      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 ordinance or such provisions within a land use ordinance.

      E.   Applications for variances from the terms of the zoning ordinance and flood hazard ordinance or such provisions within a land use ordinance, pursuant to § 27-1404(3).

      F.   Applications for special exceptions under the zoning ordinance or floodplain or flood hazard ordinance or such provisions within a land use ordinance, pursuant to § 27-1404(2).

      G.   Appeals from the determination of any officer or agency charged with the administration of performance density provisions of the zoning ordinance. (Ord. 451)

      H.   Appeals from the zoning officer's determination under § 27-1407.

      I.   Appeals from the determination of the zoning officer or Township engineer in the administration of any land use ordinance or provision thereof with reference to sedimentation and erosion control and storm water management insofar as the same relate to development not involving application under Part 8 or Chapter 22.

   2.   The Township Council shall have exclusive jurisdiction to hear and render final adjudications in the following matters:

      A.   All applications for approvals of planned residential developments pursuant to the provisions of Part 8.

      B.   Applications for conditional use under the express provisions of the zoning ordinance pursuant to § 27-1406(1).

      C.   Applications for landowner curative amendment to a zoning ordinance or map or any provision thereof under § 609.1 and § 916.1 of the Municipalities Planning Code. (Ord. 451)

      D.   All petitions for amendments to land use ordinances, pursuant to the procedures set forth in § 609 of the Municipalities Planning Code. Any action on such petitions shall be deemed legislative acts, provided that nothing contained in this clause shall be deemed to enlarge or diminish existing law with reference to appeals to court. (Ord. 451)

      E.   Appeals from the determination of the zoning officer or the municipal engineer in the administration of any land use ordinance or provisions thereof with reference to sedimentation and erosion control and storm water management insofar as the same relate to application for land development under Chapter 22 and Part 8 of this Chapter. Where such determination relates only to development not involving a Chapter 22 or Part 8 of this Chapter application, the appeal from such determination of the zoning officer or the municipal engineer shall be to the Zoning Hearing Board. (Ord. 269)

(Ord. 269, 10/16/1991, § 8; as amended by Ord. 451, 10/20/2004, § 7)

   1.   Appeal From the Zoning Officer. Upon appeal from a decision by the Zoning Officer, the Board shall decide any question involving the interpretation of any provision of this Chapter, including determination of the exact location of any district boundary line if uncertainty exists with respect thereto; where it is alleged there is an error in any order, requirement, decision or determination made by the Zoning Officer in the enforcement of this Chapter.

   2.   Special Exception. The Board shall have the power to approve special exceptions for any of the uses for which this Chapter requires the obtaining of such exceptions and for no other use or purpose. In granting a Special Exception, the Board shall make findings of fact, consistent with the provisions of this Chapter. The Board shall grant a Special Exception only if it finds adequate standards listed for the proposed use. The Board shall, among other things, require that any proposed use and location be:

      A.   In accordance with the Township Comprehensive Plan and consistent with the spirit, purposes and intent of this Chapter;

      B.   In the best interests of the Township, the convenience of the community, the public welfare and be an improvement to property in the immediate vicinity;

      C.   Suitable for the property in question and designed, constructed, operated and maintained so as to be in harmony with and appropriate in appearance with the existing or intended character of the general vicinity;

      D.   In conformance with all applicable requirements of this Chapter;

      E.   Suitable in terms of permitting the logical, efficient and economical extension of public services and facilities such as public water, sewers, police and fire protection and public schools.

      F.   Suitable in terms of effects on street traffic and safety with adequate sidewalks and vehicular access arrangements to protect major streets from undue congestion and hazard. The Zoning Hearing Board may impose whatever conditions regarding layout, circulation and performance it deems necessary to insure that any proposed development will substantially secure the objectives of this Chapter.

   3.   Variances. Upon appeal from a decision by the Zoning Officer, the Board shall have the power to vary or adapt the strict application of any of the requirements of this Chapter in the case of exceptionally irregular, narrow, shallow, or steep lots, or other exceptional physical conditions where such strict application would result in practical difficulty and iinnecessary hardship depriving the owner of the reasonable use of land or building involved but in no other case. In general, the power to authorize a variance from the terms of this Chapter shall be sparingly exercised and only under peculiar and exceptional circumstances. No variance in the strict application of the provisions of this Chapter shall be granted by the Board unless the Board finds that all the below requirements and standards are satisfied where relevant in a given case:

      A.   That there are unique physical circumstances 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 the zoning ordinance 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 the zoning ordinance and that the authorization of a variance is therefore necessary to enable the reasonable use of the property.

      C.   That the 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. In granting any variance, the Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of the Municipalities Planning Code and the Zoning Ordinance.

      F.   That the granting of the variance shall be in harmony with the general purpose and intent of this Chapter and shall not be injurious to the neighborhood or otherwise detrimental to the public welfare.

(Ord. 269)

   4.   Challenges to the Validity of This Chapter. The Board shall hear challenges to the validity of this Chapter from persons aggrieved by a use or development permitted on the land of another person by this Chapter or by any provision of this Chapter. In all such challenges, the Board shall take evidence and make a record thereon as provided for in § 27-1402. At the conclusion of the hearing, the Board shall decide all contested questions and shall make findings on all relevant issues of fact which shall become part of the record on appeal to the court.

   5.   Unified Appeals. When the Board has jurisdiction over zoning matters pursuant to §§ 27-1403(1), of this Chapter, the Board shall also hear all appeals which an applicant may elect to bring before it with respect to any Chapter or requirement pertaining to the same development plan or development. In any such case, the Board shall have no power to pass upon the nonzoning issues, but shall take evidence and make a record thereon as provided in § 27-1402. At the conclusion of the hearing, the Board shall make findings on all relevant issues of fact which shall become part of the record on appeal to the court.

(Ord. 45, Z-§ 1403, 5/12/76; as amended by Ord. 269, 10/16/1991, § 9)

Board appeals and applications made to the Board shall be in writing, on forms prescribed by the Board. Every appeal or application shall refer to the specific provision of this Chapter involved and shall exactly set forth the interpretation that is claimed, the grounds for any challenges to the validity of this Chapter, the use for which a Special Exception is sought, or the details of the variance that is applied for and the grounds on which it is claimed that the variance should be granted, as the case may be.

Applications and appeals together with the required filing fee, as established by the Council, shall be submitted to the Secretary of the Zoning Hearing Board.

   1.   Parties Appellant Before the Zoning Board. Appeals under § 27-1404(1) and proceedings to challenge the Chapter under § 27-1404(4) may be filed with the Board in writing by the landowner affected, any officer or agency of the Township or any person aggrieved. Requests for a variance or special exception may be filed with the Board by any landowner or any tenant with the permission of such landowner. (Ord. 269)

   2.   Time Limitations.

      A.   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 the 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 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 Part 8 or from an adverse decision by a zoning officer or a challenge to the validity of a zoning ordinance or zoning map pursuant to § 27-916(2) shall preclude an appeal from a final approval except in. the case where the final submission substantially deviates from the approved tentative approval.

      B.   All appeals from determinations adverse to the landowners shall be filed by the landowner within 30 days after notice of determination is issued.

(Ord. 269)

   3.   Stay of Proceedings.

      A.   Upon filing of any proceeding referred to in § 27-1404(1) and during its pendency before the 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 Board facts indicating that such stay would cause imminent peril to lives 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 Board or by the court having jurisdiction of zoning appeals on petition after notice to the Zoning Officer or other appropriate agency or body.

      B.   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 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 the Board. 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.

   4.   Court Appeals.

      A.   Any person aggrieved by any decision of the Council with respect to a conditional use approval may appeal to the Court of Common Pleas of Lehigh County within 30 days after entry of the decision or, in the case of a deemed decision, within 30 days after the date upon which the notice of said deemed decision is given.

      B.   Any person aggrieved by any decision of the Zoning Hearing Board or the Township Council may appeal to the Court of Common Pleas of Lehigh County within 30 days after entry of the decision or, in the case of a deemed decision, within 30 days after the date upon which of said deemed decision is given.

(Ord. 269)

(Ord. 45, Z-§ 1404, 5/12/76; as amended by Ord. 269, 10/16/1991, 10,11)

The Hanover Township Council shall be authorized to perform the following functions: hear and act on requests for conditional use approvals.

    1.   Conditional Use. The Council or any member of the Township Council appointed by Council as a Hearing Officer or any independent attorney appointed by Council as a Hearing Officer shall have the power to approve conditional use for any of the uses for which this Chapter requires the obtaining of such approvals and for no other use or purpose. In granting a conditional use, the Council shall after hearing on the conditional use request to be conducted in conformity with § 27-1402 of this Chapter, make findings of fact, consistent with the provisions of this Chapter. The applicant or the appellant, in addition to the Council, may, prior to the decision or findings of the hearing, waive the decisions or findings of the Council and accept the decision or findings of the Hearing Officer as final. The Council shall grant a conditional use only if it finds adequate standards listed for the proposed use. The Council shall, among other things, require that any proposed use and location be:

      A.   In accordance with the Hanover Township Comprehensive Plan and consistent with the spirit, purposes and intent of this Chapter;

      B.   In the best interest of of the Township, the convenience and public welfare of the community and be an improvement to property in the immediate vicinity;

      C.   Suitable for the property in question and designed, constructed, operated and maintained so as to be in harmony with and appropriate in appearance with the existing or intended character of the general vicinity;

      D.   In conformance with all applicable requirements of this Chapter;

      E.   Suitable in terms of permitting the logical, efficient and economical extension of public services and facilities such as public water, sewers, police and fire protection and public schools;

      F.   Suitable in terms of effects on street traffic and safety with adequate sidewalks and vehicular access arrangements to protect major streets from undue congestion and hazard. The Council may impose whatever conditions regarding layout, circulation and performance it deems necessary to insure that any proposed development will substantially secure the objectives of this Chapter.

   2.   Procedures. The procedures for public hearings as outlined in § 27-1402 shall apply to hearings conducted by the Council.

   3.   Court Appeals. Any person aggrieved by any decision of the Council with respect to a conditional use approval may, within 30 days after such decision of the Council, appeal to the Court of Common Pleas of Lehigh County, setting forth that such decision is illegal in whole or in part, specifying the grounds of illegality.

(Ord. 232, 11/8/1989, § 3; as amended by Ord. 451, 10/20/2004, § 8)

    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 § 27-1403(1), or

      B.   To the Township Council under § 27-1403(2)(c), together with a request for a curative amendment under 609.1 of the Municipalities Planning Code.

   2.   Persons aggrieved by a use or development permitted on the land of another by an ordinance or map, or any provision thereof, who desires to challenge its validity on substantive grounds shall first submit their challenge to the Zoning Hearing Board for a decision thereon under § 27-1403(1)(A).

      A.   A landowner who, on substantive grounds, desires to challenge the validity of an ordinance or map or any provision thereof which prohibits or restricts the use or development of land in which he has an interest shall submit the challenge either:

         (1)   To the Zoning Hearing Board under § 27-1403(1), or

         (2)   To the Township Council under § 27-1403(2)(c), together with a request for a curative amendment under § 609.1 of the Municipalities Planning Code.

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

         (1)   In challenges before the Zoning Hearing Board, the challenging party shall make a written request to the Board that it hold a hearing on this 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 § 609.1 of the Municipalities Planning Code, his application to the Township Council shall contain, in addition to the requirements of the written request hereof, the plans and explanatory materials describing the use or development proposed by the landowner in lieu of the use or development permitted by the challenged ordinance or map. Such plans or other materials shall not be required to meet the standards prescribed for preliminary, tentative or final approval or for the issuance of a permit, so long as they provide reasonable notice-of the proposed use or development and a sufficient basis for evaluating the challenged ordinance or map in light thereof. Nothing herein contained shall preclude the landowner from first seeking a final approval before submitting his challenge.

         (2)   If the submission is made by the landowner to the Township Council under Subsection (1)(B), the request also shall be accompanied by an amendment or amendments to the ordinance proposed by the landowner to cure the alleged defects therein.

         (3)   If the submission is made to the Township Council, the Township Attorney shall represent and advise it at the hearing or hearings.

         (4)   The Township Council may retain in independent attorney to present the defense of the challenged ordinance or map on its behalf and to present their witnesses on its behalf.

         (5)   Based upon the testimony presented at the hearing or hearings, the Township Council or the Zoning 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 Township Council is found to have merit, the Township Council shall proceed as provided in § 609.1 of the Municipalities Planning Code. If a challenge heard by a 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:

            (a)   The impact of the proposal upon roads, sewer facilities, water supplies, schools and other public service facilities;

            (b)   If the proposal is not 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 afordable by classes of persons otherwise unlawfully excluded by the challenged provisions of the ordinance or map;

            (c)   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;

            (d)   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; and,

            (e)   The impact of the proposal on the preservation of agriculture and other land uses which are essential to public health and welfare.

         (6)   The Township Council or the Zoning Hearing Board, as the case may be, shall render its decision within 45 days after the conclusion of the last hearing.

         (7)   If the Township Council or the Zoning Board, as the case may be, fails to act on the landowner's request within the time limits referred to in Subsection (F), a denial of the request is deemed to have occurrred on the 46 day after the close of the last hearing.

      C.   The Zoning Hearing Board or Township Council, as the case may be, shall commence its hearing within 60 days after the request is filed unless the landowner requests or consents to an extension of time.

      D.   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.

      E.   The challenge shall be deemed denied when:

         (1)   the Zoning Hearing Board or governing body, as the case may be, fails to commence the hearing within the time limits set forth in Subsection (C);

         (2)   The Township Council notifies the landowner that it will not adopt the curative amendment;

         (3)   The Township Council adopts another curative amendment which is unacceptable to the landowner; or,

         (4)   The Zoning Hearing Board or Township Council, as the case may be, fails to act on the request 45 days after the close of the last hearing on the request, unless the time is extended by mutual consent by the landowner and Township.

      F.   Where, after the effective date of this act, a curative amendment proposal is approved by the grant of a curative amendment application by the governing body pursuant to § 909.1(b)(4) of the Municipalities Planning Code or a validity challenge is sustained by the Zoning Hearing Board pursuant to § 909.1(a)(1) of the Municipalities Planning Code 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 Article V or WI of the Municipalities Planning Code. 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 § 508(4) of the Municipalities Planning Code shall apply. Where the proposed appended to the curative amendment application or the validity challenge is approved but does not require further application under any subdivision or land development ordinance, the developer shall have one year within which to file for a building permit. Within the one-year period, no subsequent change or amendment in the zoning, subdivision or other governing ordinance or plan shall be applied in any manner which adversely affects the rights of the applicant as granted in the curative amendment or the sustained validity challenge. During these protected periods, the court shall retain or assume jurisdiction for the purpose of awarding such supplemental relief as may be necessary.

      G.   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 § 909.1(a)(1) of the Municipalities Planning Code 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 zoning map, the landowner may file a second substantive challenge to the new or different zoning ordinance or zoning map under Subsection (a) thereof.

(Ord. 269, 10/16/1991, § 13; as amended by Ord. 451, 10/20/2004, § 9)

The landowner may advance the date from which time for any challenge to the ordinance or map will run under § 27-1405(2) by the following procedure:

   1.   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 ordinances 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.

   2.   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 2 successive weeks in a newspaper of 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 § 27-1405(2) and the time therein specified for commercing a proceeding with the board shall run from the time when the second notice thereof has been published.

(Ord. 269, 10/16/1991, § 13)