§ 143-169. Review of challenges and appeals.

A. 

Time limitations on appeals.

(1) 

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

(2) 

Appeals designed to secure reversal or limit the approval of any application for development, preliminary or final, shall be filed with the Board no later than 30 days after the application is approved by an appropriate Township officer or agency, unless the person filing alleges and proves that he or she had not notice, knowledge or reason to believe that such approval had been given. If such person succeeded to his or her interest after such approval, he or she shall be bound by the knowledge of his or her predecessor in interest.

B. 

Effect of filing. When an appeal is filed, further development or official action pursuant to the appealed determination or approval shall be stayed until issuance of a final decision or findings by the Board. If the Zoning Officer or other Township agency presents facts to the Board indicating that such a stay would cause imminent peril to life or property, development or official action can only be stayed by restraining order granted by the Board or by a court of competent jurisdiction.

C. 

Substantive validity challenge. A landowner who desires to challenge, on substantive grounds, the validity of a map or ordinance provision which prohibits or restricts the use or development of land in which he or she has an interest may submit the challenge either to the Zoning Hearing Board or, with a request for curative amendment, to the Township Board of Supervisors.

(1) 

The written application to the Zoning Hearing Board shall contain the reasons for the challenge.

(2) 

Public notice of the hearing shall include notice that the validity of the ordinance or map is in question and shall specify the place and time where a copy of the request and its accompanying materials may be examined by the public.

(3) 

Based upon the testimony at the hearing(s), the Board shall determine whether the challenged ordinance or map is defective, as alleged. If the challenge is found to have merit, the decision of the Board shall include recommended amendments to the challenged ordinance which will cure the defects found.

(4) 

In reaching its decision, the Board shall consider the 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 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 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, 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, aquifers, natural resources and other 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.

(5) 

If the Board fails to act on the request within 45 days of the last hearing, a denial of the request is deemed to have occurred.