Substantive challenges to the validity of any land use ordinance, except those brought before the governing body pursuant to 53 P.S. §§ 10609.1 and 10916.1(a)(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 ordinance. Where the ordinance appealed from is the initial Zoning Ordinance of the municipality and a Zoning Hearing Board has not been previously established, the appeal raising procedural questions shall be taken directly to court.

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.

Appeals from a determination by a Municipal 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.

Applications for variances from the terms of this chapter and flood hazard ordinance or such provisions within a land use ordinance, pursuant to 53 P.S. § 10910.2.

Applications for special exceptions under this chapter or floodplain or flood hazard ordinance or such provisions within a land use ordinance, pursuant to 53 P.S. § 10912.1.

Appeals from the determination of any officer or agency charged with the administration of any transfers of development rights or performance density provisions of this chapter.

Appeals from the Zoning Officer's determination under 53 P.S. § 10916.2.

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 applications under Article V or VII of the Pennsylvania Municipalities Planning Code.[1]

All applications for approvals of planned residential developments under Article VII, pursuant to the provisions of 53 P.S. § 10702.

All applications pursuant to 53 P.S. § 10508 for approval of subdivisions or land developments under Article V. Any provision in a subdivision and land development ordinance requiring that final action concerning subdivision and land development applications be taken by a planning agency rather than the governing body shall vest exclusive jurisdiction in the planning agency in lieu of the governing body for purposes of the provisions of this subsection.

Applications for conditional use under the express provisions of this chapter, pursuant to 53 P.S. § 10603(c)(2).

Applications for curative amendments to this chapter, pursuant to 53 P.S. §§ 10609.1 and 10916.1(a)(2).

All petitions for amendments to land use ordinances, pursuant to the procedures set forth in 53 P.S. § 10609. Any action on such petitions shall be deemed legislative acts, provided that nothing contained in this subsection shall be deemed to enlarge or diminish existing law with reference to appeals to court.

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 application for land development under Articles V and VII of the Pennsylvania Municipalities Planning Code.[2] Where such determination relates only to development not involving an Article V or VII application, the appeal from such determination of the Zoning Officer or the Municipal Engineer shall be to the Zoning Hearing Board pursuant to Subsection A(9). Where the applicable land use ordinance vests jurisdiction for final administration of subdivision and land development applications in the planning agency, all appeals from determinations under this subsection shall be to the planning agency, and all appeals from the decision of the planning agency shall be to court.

Applications for a special encroachment permit pursuant to 53 P.S. § 10405 and applications for a permit pursuant to 53 P.S. § 10406.

By publishing a notice thereof once a week for two successive weeks in a newspaper of general circulation in the Township.

By serving a notice thereof on the Township Secretary and on the Board of Supervisors.

By serving a notice thereof upon the owner, if his residence in the Township is known, and upon the tenant or occupier of every house on the same street within 200 feet of the lot or building in question and of every house not on the same street within 100 feet of such lot or building, provided that failure to give notice required by this section shall not invalidate any action taken by the Zoning Hearing Board.

That his application falls within the provision of this chapter which accords the applicant the right to seek a special exception.

That the use is not prejudicial to the character of the immediate vicinity and will not have a detrimental effect on neighboring properties.

That the use is suitable for the property in question and is designed, constructed, operated and maintained to be in harmony with and appropriate in appearance with the existing or intended character of the immediate vicinity.

That water, sewage, stormwater drainage, fire and police protection are or can be provided for the use.

That the use is physically suitable for the site, and there are not topographical, soil, geologic, drainage or environmental features which would cause the proposed development to adversely affect the health, safety and welfare of the neighboring property or the Township.

That the use is consistent with the statement of community development objectives of the Township Planning Study, adopted December 31, 1971, as amended and/or supplemented, including the revised Comprehensive Plan of December 27, 2001.

Substantially increase traffic congestion on streets to such a high degree of probability that it will adversely affect the health, safety and welfare of the community;

Increase the danger of fire or panic or otherwise endanger the public safety;

Overcrowd the land or create an undue congestion of population;

Impair stormwater management or cause soil erosion;

Impair an adequate supply of light and air to adjacent property;

Be consistent with the character of the surrounding neighborhood;

Be detrimental to other properties in the area;

Affect the character of the immediate neighborhood by failing to conserve the values of existing buildings and to encourage the most appropriate use of the land;

Adversely affect the community development objectives as set forth in this chapter;

Adversely affect off-street parking;

Substantially burden water, sewers, groundwater, schools, parks and other public facilities; and/or

Otherwise adversely affect the public health, safety, morals or public welfare.

Nonprofit clubs or lodges in residential districts shall be permitted only under the following limitations:

A golf course may be permitted on a tract of land of not less than 100 acres for an eighteen-hole course and not less than 50 acres for a nine-hole course when all of such land is devoted and committed exclusively for golf purposes. The Board, in granting an exception, shall require appropriate conditions and provisions with respect to:

Nonprofit clubs conducting activities other than swimming pools and golf courses shall be required to provide adequate off-street parking for members and guests of the club and shall submit to the Board a plan showing the proposed operation of the club and the construction and location of the building to be used for the purposes of the club, including parking facilities, and, if the Board is satisfied that the club may be operated in a residential community without being detrimental thereto, an exception may be granted for the use of the property or building by such nonprofit club.

Professional offices in residence districts shall:

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.

That, because of such physical circumstances or conditions, there is no possibility 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.

That such unnecessary hardship has not been created by the applicant.

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.

That the variance, if authorized, will represent the minimum variance that will afford relief and will represent the least modification possible of the regulation and use.

To promote the general welfare by protecting the integrity of the historic resources of Newtown Township.

To mitigate the negative effects of proposed changes on historic resources.

To encourage the continued use of historic resources and facilitate their appropriate reuse.

To discourage the unnecessary demolition of historic resources.