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MapLink™ | Procedures | Appeals

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Appeals
Appeals to the Courts.
Zoning appeals may be taken to the court by any party before the Board or any officer or agency of the Borough, as provided by law.
 
1. Functions of the Board. The Board, shall perform any function required of it by, and in accordance with the provisions of the Pennsylvania Municipalities Planning Code, including those hereinafter set forth.

Appeals from the Zoning Officer.
1. The Board shall hear and decide appeals where it is alleged by the appellant that the Zoning Officer has failed to follow prescribed procedures or has misinterpreted or misapplied any provision of this Chapter or map.

2. Appeals to the Zoning Hearing Board may be taken by the landowner affected, and officer or agency of the Borough, or any person aggrieved by any decision of the Zoning Officer. These appeals must be filed within 30 days of the date the decision is rendered by the Zoning Officer.

3. Any appeal from the ruling of the Zoning Officer concerning the enforcement and interpretation of the provisions of this Chapter, including any order to stop, cease and desist, shall be filed with the Zoning Officer within 30 days after the date of the Zoning Officer's adverse decision.

4. All appeals and applications made to the Board shall be in writing on standard forms prescribed by the Zoning Hearing Board and accompanied by fees required under § 1108: Parties.

5. All appeals and applications shall refer to the specific provisions of this Chapter involved.

Challenge to the Validity of the Ordinance or Map.
1. The Board shall hear challenges to the validity of the Zoning Ordinance and Map. In all such challenges, the Board shall take evidence and make a record thereon as provided in § 1112: Record. 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 court.

2. Where the Board has jurisdiction over a zoning matter pursuant to the Appeals form the Zoning Officer section, above, and this section or § 1119: Variances, the Board shall also hear all appeals which an applicant may elect to bring before it with respect to any municipal ordinance or requirement pertaining to the same development plan or development. However, the Board shall have no power to pass upon the non-zoning issues, but shall take evidence and make findings on all relevant issues of fact which shall become part of the record on appeal to the court.