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§ 265-1402 JURISIDICTION

  1. 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 Borough Council pursuant to Sections 609.1 and 916.1(a)(2) of the Pennsylvania Municipalities Planning Code, as amended.
    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 thirty (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.
    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, the issuance of any cease and desist order or the registration or refusal to register any nonconforming use, structure or lot.
    4. Appeals from a determination by a municipal engineer or the zoning officer with reference to the administration of any flood plain or flood hazard ordinance or such provisions within a land use ordinance.
    5. Applications for variances from the terms of the zoning ordinance and flood hazard ordinance or such provisions within a land use ordinance, pursuant to section 910.2 of the Pennsylvania Municipalities Planning Code, as amended.
    6. Applications for special exceptions under the zoning ordinance or flood plain or flood hazard ordinance or such provisions within a land use ordinance, pursuant to section 912.1. of the Pennsylvania Municipalities Planning Code, as amended.
    7. Appeals from the determination of any officer or agency charged with the administration of any transfers of development rights or performance density provisions of the zoning ordinance.
    8. Appeals from the zoning officer’s determination under section 916.2. of the Pennsylvania Municipalities Planning Code, as amended.
    9. 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 storm water management insofar as the same relate to development not involving Article V or VII applications.
  2. Borough Council or, except as to clauses (3), (4) and (5), the Planning Commission, if designated, shall have exclusive jurisdiction to hear and render final adjudications in the following matters:
    1. All applications for approvals of planned residential developments under Article VII pursuant to the provisions of section 702 of the Pennsylvania Municipalities Planning Code, as amended.
    2. All applications pursuant to Section 508 for approval of subdivisions or land developments under Article V. of the Pennsylvania Municipalities Planning Code, as amended.
    3. 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 Borough Council shall vest exclusive jurisdiction in the Planning Commission in lieu of Borough Council for purposes of the provisions of this paragraph.
    4. Applications for conditional use under the express provisions of the zoning ordinance pursuant to section 603(c)(2) of the Pennsylvania Municipalities Planning Code, as amended.
    5. Applications for curative amendment to a zoning ordinance pursuant to sections 609.1 and 916.1(a)(2). of the Pennsylvania Municipalities Planning Code, as amended.
    6. All petitions for amendments to land use ordinances, pursuant to the procedures set forth in section 609. of the Pennsylvania Municipalities Planning Code, as amended. Any action on such petitions shall be deemed legislative acts, provided that nothing contained in this clause shall be deemed to enlarge or diminish existing law with reference to appeals to court.
    7. 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, as amended. 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 paragraph shall be to the planning agency and all appeals from the decision of the planning agency shall be to court.
    8. Applications for a special encroachment permit pursuant to section 405 and applications for a permit pursuant to Section 406 of the Pennsylvania Municipalities Planning Code, as amended.
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