Middletown Township Bucks
City Zoning Code
City Zoning Code
ARTICLE XXXII
Zoning Hearing Board and Board of Supervisors
§ 500-3201 Establishment of Zoning Hearing Board.
A Zoning Hearing Board is established in order that the objectives of this chapter be more fully and equitably achieved and a means for competent interpretation of this chapter provided.
§ 500-3202 Membership; terms of office.
A.
The Zoning Hearing Board shall consist of five residents of the Township appointed by resolution by the Board of Supervisors. The terms of office shall be five years and shall be so fixed that the term of office of one member shall expire each year. The Zoning Hearing Board shall promptly notify the Board of Supervisors of any vacancies which occur. Appointments to fill vacancies shall be only for the unexpired portion of the term. Members of the Zoning Hearing Board shall hold no other office in the Township.
B.
Alternate members. The Board of Supervisors may appoint by resolution at least one, but no more than three, residents of the Township to serve as alternate members of the Zoning Hearing Board, subject to the following provisions:
(1)
The term of office of an alternate member shall be three years.
(2)
Alternate members shall hold no other office in the Township.
(3)
Any alternate member may participate in any proceeding or discussion of the Zoning Hearing Board but shall not be entitled to vote as a member of the Zoning Hearing Board nor receive any compensation (if such compensation exists) unless designated as a voting alternate member.
(4)
If by reason of absence or disqualification of a Zoning Hearing Board member a quorum is not reached, the Chairman of the Zoning Hearing Board shall designate as many alternate members of the Zoning Hearing Board to sit on the Zoning Hearing Board as may be needed to provide a quorum. Any alternate member of the Zoning Hearing Board shall continue to serve on the Zoning Hearing Board in all proceedings involving the matter or case for which the alternate member was initially appointed until the Zoning Hearing Board has made a final determination of the matter or case. Designation of an alternate member shall be made on a case-by-case basis in rotation according to declining seniority among all alternates.
§ 500-3203 Removal of members of Zoning Hearing Board.
Any Zoning Hearing Board member may be removed for malfeasance, misfeasance or nonfeasance in office or for other just cause by a majority vote of the Board of Supervisors, taken after 15 days' advance notice of the intent to take such a vote. A hearing shall be held in connection with the vote if the member shall request it in writing.
§ 500-3204 Organization of Zoning Hearing Board.
[Amended 10-2-2001 by Ord. No. 01-14]
A.
Officers. The Zoning Hearing Board shall elect from its own membership its officers, who shall serve annual terms as such and may succeed themselves.
B.
Procedures. The Zoning Hearing Board may make, alter and rescind rules and forms for its procedures consistent with ordinances of the Township and laws of the commonwealth.
C.
Meetings. Meetings shall be open to the public and shall be at the call of the Chairman and at such other times as the Zoning Hearing Board shall specify in its rules of procedure. For the conduct of any hearing and the taking of any action, a quorum shall be not less than a majority of all members of the Zoning Hearing Board. The Zoning Hearing Board may appoint a hearing officer from its own membership to conduct any hearing on its behalf, and the parties may waive any further action by the Zoning Hearing Board.
D.
Records and decisions. The Zoning Hearing Board shall keep minutes of its proceedings, showing the vote of each member upon each question or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be the property of the Township and shall be a public record. The Zoning Hearing Board shall submit a report of its activities to the Board of Supervisors as requested by the Board of Supervisors.
E.
Time limits on Zoning Hearing Board decisions. A special exception or variance authorized by a decision of the Zoning Hearing Board shall expire if the applicant fails to obtain a building or use and occupancy permit pursuant thereto within one year from the date of granting of the special exception or variance.
(1)
If the subject of the use ultimately constitutes either a subdivision or land development, the special exception or variance shall expire if the applicant fails to file the required subdivision or land development plan within one year of the granting of the special exception or variance; provided that, however:
(a)
The applicant shall have one year after the final record plan of the subdivision or land development is approved to obtain a building/use permit.
§ 500-3205 Expenditures for services of Zoning Hearing Board.
[Amended 4-21-1992 by Ord. No. 92-6]
A.
Each of the five members of the Zoning Hearing Board shall be compensated for the exercise of their duties at a rate of $100 per month, regardless of the number of duly convened public meetings required to be held during such month.
§ 500-3206 Jurisdictions of Zoning Hearing Board and Board of Supervisors.
A.
The Zoning Hearing Board shall have exclusive jurisdiction to hear and render final adjudications in the following matters:
(1)
Substantive challenges to the validity of any land use ordinance, except those brought before the Board of Supervisors pursuant to § 500-3114A(2) of this chapter.[1]
[1]
Editor's Note: See now § 500-3214A(2).
(2)
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 chapter.
(3)
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 or the issuance of any cease and desist order.
(4)
Appeals from the determination by the Municipal Engineer or the Zoning Officer with reference to the administration of any floodplain regulations.
(7)
Appeals from the determination of the Zoning Officer or Municipal Engineer in the administration of any land use ordinance or provision thereof with reference to sedimentation and erosion control and stormwater management insofar as the same relate to development not involving an application for a subdivision or land development.
B.
The Board of Supervisors shall have exclusive jurisdiction to hear and render final adjudications in the following matters:
(1)
All applications for subdivision and land development pursuant to Chapter 440, Subdivision and Land Development.
(3)
Applications for curative amendments pursuant to § 500-3114A(2) of this chapter.[5]
[5]
Editor's Note: See now § 500-3214A(2).
(5)
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 stormwater management insofar as the same relate to applications for subdivision or land development.
§ 500-3207 Zoning Hearing Board; variances.
A.
Applicability. Upon appeal from a decision by the Zoning Officer, the Zoning Hearing Board shall have the power to vary or adapt the strict application of any of the requirements of this chapter where, by reason of exceptional narrowness, shallowness or shape of a specific piece of property at the time of the enactment of the chapter or by reason of exceptional topographic conditions or other extraordinary and exceptional situation or condition on such piece of property, the strict application of any regulation enacted under this chapter would result in peculiar and exceptional and undue hardship upon the owner of such property, but in no other case.
B.
Condition. 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.
C.
Requirements and standards. No variance in the strict application of the provisions of this chapter shall be granted by the Zoning Hearing Board unless the Zoning Hearing Board finds that the requirements and standards are satisfied.
(1)
The applicant must prove that the variance will not be contrary to the public interest and that practical difficulty and unnecessary hardship will result if it is not granted. In particular, the applicant shall establish and substantiate that the request for the variance is in conformance with all the requirements and standards listed below:
(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 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 applicant or that the applicant at the time that he purchased the property was not aware or could not reasonably have been expected to be aware of the zoning classification and restrictions placed on the property or the circumstances giving rise to the hardship.
(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.
(2)
In granting any variance, the Zoning Hearing Board may attach reasonable conditions and safeguards as may be necessary to implement the purposes of this chapter.
§ 500-3208 Zoning Hearing Board; special exceptions.
A.
Applicability. The Zoning Hearing Board shall have the power to approve special exceptions when this chapter specifically requires the obtaining of such approval and for no other use or purpose.
B.
Conditions and standards. In granting a special exception, the Zoning Hearing Board shall make findings of fact consistent with the provisions of this chapter. The Zoning Hearing Board shall not approve a special exception except in conformance with the conditions and standards outlined in this chapter.
C.
General requirements and standards applicable to all special exceptions.
(1)
The Zoning Hearing Board shall grant a special exception only if it finds adequate evidence that any proposed development submitted will meet all of the following general requirements listed herein, as well as any specific requirements and standards for the proposed use. The Zoning Hearing Board shall, among other things, require that any proposed use and location be:
(a)
In accordance with the Comprehensive Plan and § 500-104 of this chapter 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 a substantial 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 to the existing or intended character of the general vicinity.
(d)
Appropriate in terms of its effect upon the logical, efficient and economical extension of public services and facilities such as public water, sewer, police and fire protection, and public schools.
(e)
Guide the development of state highway frontage insofar as possible so as to limit the total number of access points and encourage the fronting of buildings on parallel marginal roads or on roads perpendicular to the highway.
(f)
Adequate with regard to sanitation and public safety provisions. Where required or deemed advisable, a certificate of adequacy of sewage and water facilities from a governmental health agency shall be provided.
(g)
Require that all commercial or industrial parking, loading, access or service areas be adequately illuminated at night while in use, and that such lighting, including sign lighting, shall be arranged so as to protect the highway and neighboring properties from direct glare or hazardous interference of any kind.
(h)
In conformance with all applicable requirements of this chapter and all municipal ordinances.
(i)
Suitable in terms of effects on highway traffic and safety, with adequate access arrangements to protect streets from undue congestion and hazard.
(j)
In accordance with sound standards of subdivision and land development practice, where applicable.
(2)
The Zoning Hearing Board may impose whatever conditions regarding layout, circulation and performance it deems necessary to ensure that any proposed development will secure substantially the objectives of this chapter.
(3)
The Zoning Hearing Board shall refuse an application for special exception where opponents to the application establish by a preponderance of evidence that the application is contrary to the health, safety and morals or general welfare of the community at large.
D.
Transportation impact study. A transportation impact study shall be submitted with an application for a special exception when the proposed use meets the applicability criteria set forth in § 500-3205C of this chapter.[1]
(2)
The Zoning Hearing Board shall review the impact study to analyze its adequacy in solving any traffic problems that will occur due to the proposed use. The Zoning Hearing Board shall consider the impact study and the analysis of the impact study before the application is allowed or denied. In acting on the application, the Zoning Hearing Board may, if adverse impacts or major problems are identified:
§ 500-3209 Board of Supervisors; conditional uses.
[Amended 10-2-2001 by Ord. No. 01-14]
A.
Applicability. The Board of Supervisors shall have the power to approve conditional uses when this chapter specifically requires the obtaining of such approval, and for no other use or purpose.
B.
Conditions and standards. In granting a conditional use, the Board of Supervisors shall make findings of fact consistent with the provisions of this chapter. The Board of Supervisors shall not approve a conditional use except in conformance with the conditions and standards outlined in this chapter.
C.
General requirements and standards applicable to all conditional uses. The Board of Supervisors shall grant a conditional use only if it finds adequate evidence that any proposed development submitted will meet all of the following general requirements listed herein as well as any specific requirements and standards for the proposed use. The Board of Supervisors shall, among other things, require that any proposed use and location be:
(1)
In accordance with the Comprehensive Plan and § 500-104 of this chapter and consistent with the spirit, purposes and intent of this chapter.
(2)
In the best interests of the Township, the convenience of the community, the public welfare, and be a substantial improvement to the property in the immediate vicinity.
(3)
Suitable for the property in question and designed, constructed, operated and maintained so as to be in harmony with and appropriate in appearance to the existing or intended character of the general vicinity.
(4)
Appropriate in terms of its effect upon the logical, efficient and economical extension of public services and facilities such as public water, sewer, police and fire protection, and public schools.
(5)
Guide the development of state highway frontage insofar as possible so as to limit the total number of access points and encourage the fronting of buildings on parallel marginal roads or on roads perpendicular to the highway.
(6)
Adequate with regard to sanitation and public safety provisions. Where required or deemed advisable, a certificate of adequacy of sewage and water facilities from the applicable water/sewer agency and, where necessary, the Bucks County Health Department and/or the Pennsylvania Department of Environmental Protection shall be provided.
(7)
Require that all commercial or industrial parking, loading, access or service areas be adequately illuminated at night while in use, and that such lighting, including sign lighting, shall be arranged so as to protect the highway and neighboring properties from direct glare or hazardous interference of any kind.
(8)
In conformance with all applicable requirements of this chapter and all municipal ordinances.
(9)
Suitable in terms of effects on highway traffic and safety with adequate access arrangements to protect streets from undue congestion and hazard.
(10)
In accordance with sound standards of subdivision and land development practice where applicable.
D.
The Board of Supervisors may attach such reasonable conditions and safeguards, other than those related to off-site transportation or road improvements, in addition to those expressed in this chapter, as it may deem necessary to implement the purposes of this chapter.
E.
Review by the Planning Commission. The Board of Supervisors shall request an advisory opinion from the Planning Commission on any application for a conditional use. The Planning Commission shall submit a report of such advisory opinion prior to the date of the public hearing held by the Board of Supervisors on an application.
F.
The Board of Supervisors shall refuse an application for conditional use where opponents to the application establish by a preponderance of evidence that the application is contrary to the health, safety and morals or general welfare of the community at large.
G.
Transportation impact study. A transportation impact study shall be submitted with an application for a conditional use when the proposed use meets the applicability criteria set forth in § 500-3205C of this chapter.[1]
(2)
The Board of Supervisors shall review the impact study to analyze its adequacy in solving any traffic problems that will occur due to the proposed use. The Board of Supervisors shall consider the impact study and the analysis of the impact study before the application is allowed or denied. In acting on the application, the Board of Supervisors may, if adverse impacts or major problems are identified:
H.
Conditional use applications shall be governed by the following:
(1)
The landowner shall make a written request to the Board of Supervisors that it hold a hearing on his application. The request shall contain a statement reasonably informing the Board of Supervisors of the matters that are in issue.
(2)
The application shall be accompanied by plans and other material describing the use or development proposed. Such plans and other materials shall provide a sufficient basis for evaluating the applicant's request. Information required by this chapter shall accompany the application.
(3)
The Board of Supervisors shall hold a hearing pursuant to public notice upon the 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. In addition, the Board shall render a written decision within 45 days after the last hearing.
J.
Fees. The applicant for any hearing on a conditional use request before the Board of Supervisors shall at the time of making application pay a fee in accordance with a fee schedule adopted by resolution of the Board of Supervisors, or as such schedule may be amended from time to time. In addition, an escrow deposit may be required, as established by resolution of the Board of Supervisors.
§ 500-3210 Zoning Hearing Board; fees and escrow deposits.
A.
The applicant for any hearing before the Zoning Hearing Board shall at the time of making application pay the Zoning Officer, for the use of the municipality, a fee in accordance with a fee schedule adopted by resolution of the Board of Supervisors, and as such schedule may be amended from time to time. In addition, an escrow deposit may be required. The escrow deposit requirements shall be set from time to time by resolution of the Board of Supervisors.
B.
The total fees payable for any one application shall be determined by the total number of specific reliefs separately sought, and the inclusion of more than one relief sought in any one application or application form will not avoid the obligation of the applicant to pay the multiple fees in accordance with the adopted fee schedule.
C.
The Zoning Officer shall, subject to the modification of the Board, determine the actual nature and number of specific reliefs sought by any one application. Such determination shall be irrespective of the use by the respective applicant in his application of the descriptive terms "variance," "special exception" or "appeal," unless otherwise so indicated by the application.
§ 500-3211 Zoning Hearing Board; hearings.
Hearings pursuant to this chapter shall be held by the Zoning Hearing Board 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 Board of Supervisors 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 Zoning Hearing 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.
B.
The Board of Supervisors may prescribe reasonable fees by resolution 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.
C.
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.
D.
The hearing shall be conducted by the Zoning Hearing Board, or the Zoning Hearing Board may appoint any member as a hearing officer. The decision or, where no decision is called for, the findings shall be made by the Zoning Hearing 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 decisions or findings by the Zoning Hearing Board and accept the decision or findings of the hearing officer as final.
E.
The parties to the hearing shall be the Township, any person affected by the application who has made timely appearance of record before the Zoning Hearing Board, and any other person, including civic or community organizations, permitted to appear by the Zoning Hearing Board. The Zoning Hearing Board shall have power to require that all persons who wish to be considered parties enter appearance in writing on forms provided by the Zoning Hearing Board for that purpose.
F.
The Chairman or Acting Chairman of the Zoning Hearing 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.
G.
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.
H.
Formal rules of evidence shall not apply, but irrelevant, immaterial or unduly repetitious evidence may be excluded.
I.
The Zoning Hearing Board or the hearing officer, as the case maybe, shall keep a stenographic record of the proceedings. The appearance fee for a stenographer shall be shared equally by the applicant and the Zoning Hearing Board. The cost of the original transcript shall be paid by the Zoning Hearing Board if the transcript is ordered by the Zoning Hearing Board or hearing officer or shall be paid by the person appealing from the decision of the Zoning Hearing 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.
J.
The Zoning Hearing 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 where all parties have opportunity to participate. The Zoning Hearing Board or the hearing officer shall not take notice of any communication, report, staff memorandum, or other materials, except advice from its solicitor, unless all 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.
K.
The Zoning Hearing 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 Zoning Hearing 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 the provisions of any act of the commonwealth or any ordinance, rule or regulation shall contain a reference to the provision relied on and the reasons why the conclusion is deemed appropriate in 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 Zoning Hearing Board shall make its report and recommendations available to the parties within 45 days, and the parties shall be entitled to make written representations thereon to the Zoning Hearing Board prior to the final decision or entry or findings, and the Zoning Hearing Board's decision shall be entered no later than 30 days after the report of the hearing officer. Where the Zoning Hearing Board fails to render its 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. 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 hereinabove provided, 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 in the same manner as provided in Subsection A of this section. If the Zoning Hearing 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.
L.
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 Zoning Hearing Board not later than the last day of the hearing, the Zoning Hearing 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.
§ 500-3212 Mediation option.
A.
Parties to proceedings in Articles IX and X-A of the Pennsylvania Municipalities Planning Code, Act 247, as amended by Act 170 (PA MPC),[1] may utilize mediation as an aid in completing such proceedings. In proceedings before the Zoning Hearing Board, in no case shall the Zoning Hearing Board initiate mediation or participate as a mediating party. Mediation shall supplement, not replace, those procedures in Articles IX and X-A of the PA MPC once they have been formally initiated. Nothing in this section shall be interpreted as expanding or limiting municipal police powers or as modifying any principles of substantive law.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B.
Participation in mediation shall be wholly voluntary. The appropriateness of mediation shall be determined by the particulars of each case and the willingness of the parties to negotiate. The municipality shall assure that in each case, the mediating parties, assisted by the mediator as appropriate, develop terms and conditions for:
(1)
Funding mediation.
(2)
Selecting a mediator who, at a minimum, shall have a working knowledge of municipal zoning and subdivision procedures and demonstrated skills in mediation.
(3)
Completing mediation, including time limits for such completion.
(4)
Suspending time limits otherwise authorized in the PA MPC, provided there is written consent by the mediating parties and by an applicant or municipal decisionmaking body if either is not a party to the mediation.
(5)
Identifying all parties and affording them the opportunity to participate.
(6)
Subject to legal restraints, determining whether some or all of the mediation sessions shall be open or closed to the public.
(7)
Assuring that mediated solutions are in writing and signed by the parties and become subject to review and approval by the appropriate decisionmaking body pursuant to the authorized procedures set forth in the PA MPC.
C.
No offers or statements made in the mediation sessions, excluding the final written mediated agreement, shall be admissible as evidence in any subsequent judicial or administrative proceedings.
§ 500-3213 Parties appellant before Zoning Hearing Board.
Appeals under § 500-3106A(1), (2), (3), (4) and (7) of this chapter[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 § 500-3107[2] and for special exception under § 500-3108 of this chapter[3] may be filed with the Zoning Hearing Board by any landowner or any tenant with the permission of such landowner.
§ 500-3214 Validity of ordinance; substantive questions.
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:
B.
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 first submit their challenge to the Zoning Hearing Board for a decision thereon under § 500-3106A(1) of this chapter.[3]
[3]
Editor's Note: See now § 500-3206A(1).
C.
(1)
In challenges before the Zoning Hearing Board, the challenging party shall make a written request to the Zoning Hearing 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, 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 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 Board of Supervisors under Subsection A(2), 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 Board of Supervisors, the Township Solicitor shall represent and advise it at the hearing or hearings.
(4)
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 its witnesses on its behalf.
(5)
Based upon 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 may accept a landowner's curative amendment, with or without revision, or may adopt an alternative amendment which will cure the challenged defects. 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 or the Board of Supervisors, as the case may be, 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 for a residential use, the impact of the proposal upon regional housing needs and 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 provisions of the ordinance or map.
(c)
The suitability of the site for the intensity of use proposed by the site's soils, slopes, woodlands, 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, aquifers, 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.
(e)
The impact of the proposal on the preservation of agriculture and other land uses which are essential to public health and welfare.
(f)
The Board of Supervisors or the Zoning Hearing Board, as the case may be, shall render its decision within 45 days after the conclusion of the last hearing.
D.
The Zoning 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.
E.
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.
F.
The challenge shall be deemed denied when:
(1)
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 D.
(2)
The Board of Supervisors notifies the landowner that it will not adopt the curative amendment.
(3)
The Board of Supervisors adopts another curative amendment which is unacceptable to the landowner.
(4)
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 Township.
G.
Where, after the effective date of this chapter, a curative amendment proposal is approved by the grant of a curative amendment application by the Board of Supervisors pursuant to § 500-3106B(3) of this chapter[4] or a validity challenge is sustained by the Zoning Hearing Board pursuant to § 500-3106A of this chapter[5] or the court as 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 approval pursuant to Chapter 440, Subdivision and Land Development. Within the two-year period, no subsequent change or amendment in the zoning, subdivision and land development 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. Where the proposal 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 and land development 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.
[4]
Editor's Note: See now § 500-3206B(3).
H.
If a municipality does not accept a landowner's curative amendment and a court subsequently rules that the challenge has merit, the court's decision shall not result in a declaration of invalidity for the entire Zoning Ordinance and Map but only for those provisions which specifically relate to the landowner's curative amendment and challenge.
§ 500-3215 Court appeals.
All appeals from all land use decisions rendered pursuant to this article shall be taken to the Court of Common Pleas of the judicial district wherein the land is located and shall be filed within 30 days after entry of the decision or, in the case of a deemed decision, within 30 days after the notice of said deemed decision is given as set forth in § 500-3111K of this chapter.[1]