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§ 265-1406 VALIDITY CHALLENGES.

  1. Where a landowner desires to challenge the validity of the ordinance in regards to the application of the ordinance to a property within the Borough either under his ownership or other than his own, the landowner shall submit an application for a validity challenge to the Zoning Officer. The application shall include the section of ordinance, of which validity is challenged, the property to which the challenge relates, the landowner’s basis for challenge, and proposals by the landowner concerning amendments that would cure the alleged defect. Additionally, the required fee shall be submitted in accordance with the Borough’s fee schedule.
  2. Upon acceptance, the Zoning Officer shall forward the application to the Zoning Hearing Board for consideration within 5 business days of receipt.
  3. The Board shall conduct a hearing pursuant to public notice within 60 days of the application submission. The Board shall issue a decision within 45 days of the close of the last hearing on the application.
  4. The Zoning Hearing Board ‘s decision shall be based on 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 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 land uses which are essential to public health and welfare.
  5. If the Board fails to act on the landowner’s request within the time limits referred to herein, a denial of the request is deemed to have occurred on the 46th day after the close of the last hearing. The request shall also be deemed denied when 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 by the landowner and Board.
  6. Where the Zoning Hearing Board rules in favor of the landowner, the Board shall draft proposed amendments to the ordinance which the Board, in its decision, believes will cure the validity challenge and associated defects. Said amendments shall be forwarded to  the Borough.
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