A. A landowner who, on substantive grounds, desires to challenge the validity of this chapter, the Zoning Map or any provision thereof which prohibits or restricts the use or development of land in which he has an interest may submit the challenge to the Zoning Hearing Board in accordance with
§ 455-110A.
B. Persons aggrieved by a use or development permitted on the land of another by this chapter or the Zoning Map or any provision hereof who desire to challenge its validity on substantive grounds shall first submit their challenge to the Zoning Hearing Board for a decision thereon pursuant to
§ 455-110A.
C. The challenging party shall make a written request to the Board that it hold a hearing on its challenge.
D. The request shall specify the reasons for the challenge and shall be in the form required by
§ 455-112: Applications for relief. This section shall not be construed to preclude a landowner from first seeking a final approval before submitting his challenge. Based upon the testimony presented at the hearing, the Zoning Hearing Board shall determine whether the challenged ordinance or map is defective, as alleged. If the Board finds the challenge to have merit, the Board's decision shall include recommended amendments to the challenged ordinance, which will cure the defects found. In reaching its decision, the Board shall consider the amendments, plans, and explanatory material submitted by the landowner and shall also consider the following:
(1) The impact of the proposal upon roads, sewer facilities, water supplies, schools and other public service facilities.
(2) If the proposal is 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 affordable by classes of persons otherwise unlawfully excluded by the challenged provisions of the ordinance or map.
(3) The suitability of the site for the intensity of the use proposed by the site's soils, slopes, woodlands, wetlands, floodplains, aquifers, natural resources and other natural features.
(4) 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.
(5) The impact of the proposal on the preservation of agriculture and other land uses which are essential to public health and welfare.
E. The Board shall commence its hearings within 60 days after the request is filed, unless the landowner requests or consents in writing to an extension of time. 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 or explanatory material, may be examined by the public.
F. The challenge shall be deemed denied when:
(1) The Zoning Hearing Board fails to commence the hearing within the time limits specified in
§ 455-119E above; or
(2) The Board 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 of the landowner and the Township.
G. Where a validity challenge is sustained by the Board or a court of competent jurisdiction acts finally on an appeal from the denial by the Board of a validity challenge and the 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 subdivision or land development approval. Within the two-year period, no subsequent change or amendment in this chapter or Chapter 400, Subdivision and Land Development, shall be applied in any manner which adversely affects the rights of the applicant as sustained in the validity challenge. If the validity challenge is sustained but does not require further application under
Chapter 400: Subdivision and Land Development, the developer shall have one year within which to file for a building permit. During that one-year period, no subsequent change or amendment in this chapter or
Chapter 400: Subdivision and Land Development, shall be applied to adversely affect the rights of the applicant as sustained in the validity challenge.
