The Board of Commissioners or, except as to Subsections C, D
and E of this section, the Planning Commission, if designated, shall
have exclusive jurisdiction to hear and render final adjudications
in the following matters:
B.
All applications pursuant to Section 508 of the Municipalities Planning
Code[2] for approval of subdivisions or land developments under Article V of the Municipalities Planning Code. Any provision in a subdivision and land development ordinance requiring that final action concerning subdivision and land development applications be taken by the Planning Commission rather than the Board of Commissioners shall vest exclusive jurisdiction in the Planning Commission in lieu of the Board of Commissioners for purposes of the provisions of this subsection.
[2]
Editor's Note: See 53 P.S. § 10508.
E.
All petitions for amendments to land use ordinances pursuant to the
procedures set forth in Section 609 of the Municipalities Planning
Code.[5] Any action on such petitions shall be deemed legislative
acts, provided that nothing contained in this subsection shall be
deemed to enlarge or diminish existing law with reference to appeals
to court.
[5]
Editor's Note: See 53 P.S. § 10609.
F.
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 Municipalities Planning Code. Where such determination relates only to development not involving Article V or VII of the Municipalities Planning Code application, the appeal from such determination of the Zoning Officer or the Municipal Engineer shall be to the Zoning Hearing Board pursuant to subdivision (a)(9) of Section 909.1 of the Municipalities Planning Code.[6] Where the applicable land use ordinance vests jurisdiction
for final administration of subdivision and land development applications
in the Planning Commission, all appeals from determinations under
this subsection shall be to the Planning Commission and all appeals
from the decision of the Planning Commission shall be to court.
[6]
Editor's Note: See 53 P.S. § 10909.1(a)(9).
The Board of Commissioners may amend this chapter as hereinafter
provided.
A.
The landowner shall file with the Zoning Officer a request for the
granting of a conditional use along with all maps, plans and text
which may be necessary to explain the proposed development and its
compliance with the standards and criteria of this chapter. Said request
shall be filed in duplicate.
B.
The Zoning Officer shall, promptly after its filing, send copies
of the application and supporting data to the Board of Commissioners
for decisions and to the Planning Commission for its recommendations
to the Board. The number of such copies shall be established by the
Planning Commission.
C.
The Board of Commissioners shall schedule a public hearing, pursuant
to public notice. Such notice shall state the time and place of the
hearing and the particular nature of the matter to be considered at
the hearing. The first publication shall not be more than 30 days
and the second publication shall not be less than seven days from
the date of the hearing. The text of the notice shall also be conspicuously
posted on the property at least one week prior to the hearing and
shall be sent by certified mail to the registered owner of each property
which is the subject of the proposed conditional use or which is located
within 200 feet of the boundaries of the property which is the subject
of the proposed conditional use.
D.
The Board of Commissioners shall hold a public hearing at the time specified in the notice. The time for the hearing shall be sufficiently early to permit the Board of Commissioners to reach its decision and communicate it to the applicant within the time requirements established by Subsections C and E of this section.
E.
Unless the applicant shall have agreed to a later time for decision,
the Board of Commissioners shall render its decision not later than
90 days following the date of its regular meeting next following the
date the application is filed, provided that, if said meeting should
occur more than 30 days following the filing of the application, said
ninety-day period shall be measured from the 30th day following the
day the application has been filed.
F.
The decision of the Board of Commissioners shall be announced at
a public meeting, which shall also be in writing and shall be communicated
to the applicant personally or mailed to him at his last known address
not later than 15 days following the decision.
G.
When the application is not approved in the terms as filed, the decision
shall specify the defects found in the application and describe the
requirements which have not been met and shall, in each case, cite
the provisions of the statute or ordinance relied on.
H.
Where the Board of Commissioners in this Zoning Chapter has stated
conditional uses are to be granted or denied by the Board of Commissioners
pursuant to express standards and criteria, the Board of Commissioners
shall hold hearings on and decide requests for such conditional uses
in accordance with such standards and criteria. In granting a conditional
use, the Board of Commissioners may attach such reasonable conditions
and safeguards, in addition to those expressed in this chapter, as
it may deem necessary to implement the purposes of the Municipalities
Planning Code in this chapter.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
