Township of Tobyhanna, PA
Monroe County
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Table of Contents
Table of Contents
A. 
There shall be a Zoning Hearing Board, referred to in this article as the "Board," which shall consist of three or five residents of the municipality who shall be appointed by resolution of the Board of Supervisors. Their terms of office shall be three years for a three-member Board or five years for a five-member Board and shall be so fixed that the term of office of one member shall expire each year. If a three-member Board is changed for a five-member Board, the members of the existing three-member Board shall continue in office until their term of office would expire, and the Board of Supervisors shall appoint two additional members to the Board with terms scheduled to expire in accordance with the provisions of this section. The Zoning Hearing Board shall promptly notify the Board of Supervisors of any vacancies which occur. Appointments to fill vacancies shall be only for the unexpired portion of the term. Members of the Zoning Hearing Board shall hold no other office in the Township.
B. 
The Board of Supervisors may appoint, by resolution, at least one but no more than three residents of the municipality to serve as alternate members of the Board. The term of office of an alternate member shall be three years. When seated pursuant to the provisions of § 155-65B, an alternate shall be entitled to participate in all proceedings and discussions of the Board to the same and full extent as provided by law for Board members, including specifically the right to cast a vote as a voting member during the proceedings, and shall have all the powers and duties set forth in this article and as otherwise provided by law. Alternates shall hold no other office in the municipality, including Zoning Officer and membership on the Planning Commission. Any alternate may participate in any proceeding or discussion of the Board but shall not be entitled to vote as a member of the Board nor be compensated pursuant to § 155-66 unless designated as a voting alternate member pursuant to § 155-65B.[1]
[1]
Editor's Note: Original Section 1301, Joint Zoning Hearing Boards, which immediately followed this subsection, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
Any member of the Zoning Hearing Board may be removed for malfeasance, misfeasance or nonfeasance in office or for any other just cause by a majority vote of the governing body which appointed the members, taken after the member has received 15 days' advance notice of the intent to take such a vote. A hearing shall be held in connection with the vote if the member shall request it, in writing.
A. 
The Board shall elect from its membership its officers, who shall serve annual terms as such and may succeed themselves. For the conduct of any hearing and the taking of any action, a quorum shall be not less than a majority of all members of the Board, but the Board may appoint a Hearing Officer from its own membership to conduct any hearing on its behalf and the parties may waive further action by the Board as provided in § 155-67.
B. 
If, by reason of absence or disqualification of a member, a quorum is not reached, the Chairman of the Board shall designate as many alternate members of the Board to sit on the Board as may be needed to provide a quorum. Any alternate member of the Board shall continue to serve on the Board in all proceedings involving the matter or case for which the alternate was initially appointed until the Board has made a final determination of the matter or case. Designation of an alternate pursuant to this section shall be made on a case-by-case basis in rotation according to declining seniority among all alternates.
C. 
The Board may make, alter and rescind rules and forms for its procedure, consistent with ordinances of the Township and laws of the Commonwealth. The Board shall keep full public records of its business, which records shall be property of the Township, and shall submit a report of its activities to the governing body upon request by the governing body.
Within the limits of funds appropriated by the Board of Supervisors, the Board may employ or contract for secretaries, clerks, legal counsel, consultants and other technical and clerical services. Members of the Board may receive compensation for the performance of their duties as may be fixed by the Board of Supervisors, but in no case shall it exceed the rate of compensation authorized to be paid to the Board of Supervisors. Alternate members of the Board may receive compensation, as may be fixed by the Board of Supervisors, for the performance of their duties when designated as alternate members pursuant to § 155-65B, but in no case shall such compensation exceed the rate of compensation authorized to be paid to the Board of Supervisors.
The Board shall conduct hearings and make decisions in accordance with the following requirements:
A. 
The Board shall fix a reasonable time and place for public hearings and shall give notice thereof as follows:
(1) 
By publishing a notice thereof at least 10 days before the date fixed for the hearing in a newspaper of general circulation in the Township.
(2) 
By mailing a notice thereof to the applicant.
(3) 
By mailing a notice thereof to the Zoning Officer, the Township Secretary, each member of the Board of Supervisors, each member of the Planning Commission and to every person or organization who shall have registered with the Board for the purpose of receiving such notices.
(4) 
When the Board shall so order, by mailing or delivering a notice thereof to the owner, if his residence is known, or the occupier of every lot on the same street within 1,000 feet of the lot or building, provided that failure to give notice as required by this subsection shall not invalidate any action taken by the Board.
(5) 
The notice herein required shall state the location of the lot or building and the general nature of the questions involved.
(6) 
A notice of hearing shall be conspicuously posted on the affected tract of land at least one week prior to the hearing.
B. 
The applicant before the Board shall deposit with the Treasurer of the Township such a sum of money as shall be deemed sufficient by the Board to pay the cost of the hearing, provided that funds deposited in excess of the actual cost of the requested hearing shall be returned to the applicant upon completion of the proceedings, and, in the event that the cost of the hearing exceeds the funds deposited, the applicant shall pay to the Treasurer of the Township funds equal to such excess cost. The costs, however, shall not include legal expenses of the Zoning Hearing Board, expenses for engineering, architectural or other technical consultants or expert witness costs.
C. 
The hearing shall be held within 60 days from the date of the applicant's request, unless the applicant has agreed, in writing, to an extension of time.
D. 
The hearings shall be conducted by the Board or the Board may appoint any member as a Hearing Officer. The decision or, where no decision is called for, the finding shall be made by the Board; however, the appellant or applicant, as the case may be, in addition to the municipality, may, prior to the decision of the hearing, waive decision or findings by the Board and accept the decision or findings of the Hearing Officer as final.
E. 
The parties to the hearing shall be the Township, any person who has made timely appearance of record before the Board and any other person, including civic or community organizations permitted to appear by the Board. The Board shall have power to require that all persons who wish to be considered parties enter appearances, in writing, on forms provided by the Board for that purpose.
F. 
The Chairman or Acting Chairman of the Board or the Hearing Officer presiding shall have power to administer oaths and issue subpoenas to compel the attendance of witnesses and the production of relevant documents and papers, including witnesses and documents requested by the parties.
G. 
The parties shall have the right to be represented by counsel and shall be afforded the opportunity to respond and present evidence and argument and cross-examine witnesses on all relevant issues.
H. 
Formal rules of evidence shall not apply, but irrelevant, immaterial or unduly repetitious evidence may be excluded.
I. 
The Board or the Hearing Officer, as the case may be, shall keep a stenographic record of the proceedings. The appearance fee for a stenographer shall be shared equally by the applicant and the Board. The cost of the original transcript shall be paid by the Board if the transcript is ordered by the Board or Hearing Officer, or shall be paid by the person appealing from the decision of the Board if such appeal is made, and in either event the cost of additional copies shall be paid by the person requesting such copy or copies. In other cases, the party requesting the original transcript shall bear the cost thereof.
J. 
The Board or the Hearing Officer shall not communicate, directly or indirectly, with any party or his representation in connection with any issue involved, except upon notice and opportunity for all parties to participate; shall not take notice of any communication, reports, staff memoranda or other materials, except advice from their solicitor, unless the parties are afforded an opportunity to contest the material so noticed; and shall not inspect the site or its surroundings after the commencement of hearings with any party or his representative unless all parties are given an opportunity to be present.
K. 
The Board or the Hearing Officer, as the case may be, shall render a written decision or, when no decision is called for, make written findings on the application within 45 days after the last hearing before the Board or Hearing Officer. Where the application is contested or denied, each decision shall be accompanied by findings of fact and conclusions based thereon, together with the reasons therefor. Conclusions based on any provisions of the Municipalities Planning Code[1] or of any ordinance, rule or regulation shall contain a reference to the provision relied on and the reasons why the conclusion is deemed appropriate in the light of the facts found. If the hearing is conducted by a Hearing Officer, and there has been no stipulation that his decision or findings are final, the Board shall make his report and recommendations available to the parties within 45 days and the parties shall be entitled to make written representations thereon to the Board prior to final decision or entry of findings, and the Board's decision shall be entered no later than 30 days after the report of the Hearing Officer. Where the Board fails to render the decision within the period required by this subsection or fails to hold the required hearing within 60 days from the date of the applicant's request for a hearing, the decision shall be deemed to have been rendered in favor of the applicant unless the applicant has agreed, in writing or on the record, to an extension of time. When a decision has been rendered in favor of the applicant because of the failure of the Board to meet or render a decision hereinabove provided, the Board shall give public notice of said decision within 10 days from the last day it could have met to render a decision in the same manner as provided in Subsection A of this section. If the Board shall fail to provide such notice, the applicant may do so. Nothing in this subsection shall prejudice the right of any party opposing the application to appeal the decision to a court of competent jurisdiction.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
L. 
A copy of the final decision or, where no decision is called for, of the findings shall be delivered to the applicant personally, or mailed to him not later than the day following its date. To all other persons who have filed their name and address with the Board not later than the last day of the hearing, the Board shall provide, by mail or otherwise, brief notice of the decision of findings and a statement of the place at which the full decision or findings may be examined.
A. 
Parties to proceedings authorized in this article and Article XIV may utilize mediation as an aid in completing such proceedings. In proceedings before the Zoning Hearing Board, in no case shall the Board initiate a mediation or participate as a mediating party. Mediation shall supplement, not replace, those procedures in this article and Article XIV once they have been formally initiated. Nothing in this section shall be interpreted as expanding or limiting municipal police powers or as modifying any principles of substantive law.
B. 
Participation in mediation shall be wholly voluntary. The appropriateness of mediation shall be determined by the particulars of each case and the willingness of the parties to negotiate. Any municipality offering the mediation shall assure that, in each case, the mediating parties, assisted by the mediator, as appropriate, develop terms and conditions for:
(1) 
Funding mediation.
(2) 
Selecting a mediator who, at a minimum, shall have a working knowledge of municipal zoning and subdivision procedures and demonstrated skills in mediation.
(3) 
Completing mediation, including time limits for such completion.
(4) 
Suspending time limits otherwise authorized in the Municipalities Planning Code[1] or this chapter, provided that there is written consent by the mediating parties, and by an applicant or municipal decision-making body if either is not a party to the mediation.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
(5) 
Identifying all parties and affording them the opportunity to participate.
(6) 
Subject to legal restraints, determining whether some or all of the mediation sessions shall be open or closed to the public.
(7) 
Assuring that mediated solutions are in writing and signed by the parties, and become subject to review and approval by the appropriate decision-making body pursuant to the authorized procedures set forth in the other sections of this chapter or in the Municipalities Planning Code.
C. 
No offers or statements made in the mediation sessions, excluding the final written mediated agreement, shall be admissible as evidence in any subsequent judicial or administrative proceedings.
A. 
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 the governing body pursuant to §§ 155-137 and 155-77A(2).
(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 30 days after the effective date of said ordinance.
(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 floodplain or flood hazard ordinance or such provisions within a land use ordinance.
(5) 
Applications for variances from the terms of this chapter and Chapter 77, Floodplain Management, or such provisions within a land use ordinance, pursuant to § 155-71.
(6) 
Applications for special exceptions under this chapter or Chapter 77, Floodplain Management, or such provisions within a land use ordinance, pursuant to § 155-72.
(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 this chapter.
(8) 
Appeals from the Zoning Officer's determination under § 155-78.
(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 stormwater management, insofar as the same relate to development not involving Chapter 135, Subdivision and Land Development, or Article XVI applications.
B. 
The governing body or, except as to Subsection A(3), (4) and (5) of this section, the planning agency, 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 XVI, pursuant to the provisions of § 155-109.
(2) 
All applications pursuant to Chapter 135, Subdivision and Land Development, for approval of subdivisions or land developments. Any provision in a subdivision and land development ordinance requiring that final action concerning subdivision and land development applications be taken by the Township Planning Commission rather than the Board of Supervisors shall vest exclusive jurisdiction in the Planning Commission in lieu of the governing body for purposes of the provisions of this subsection.
(3) 
Applications for conditional use, pursuant to § 155-98.
(4) 
Applications for curative amendment, pursuant to §§ 155-137 and 155-77A(2).
(5) 
All petitions for amendments to land use ordinances, pursuant to the procedures set forth in § 155-137. 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.
(6) 
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 Chapter 135, Subdivision and Land Development, and Article XVI. Where such determination relates only to development not involving Article XVI or the application under Chapter 135, Subdivision and Land Development, 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 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.
Nothing contained in this article shall be construed to deny the applicant or appellant the right to proceed directly to court, where appropriate, pursuant to the Pennsylvania Rules of Civil Procedure No. 1091 (relation to action in mandamus).
A. 
The Board shall hear requests for variances where it is alleged that the provisions of this chapter inflict unnecessary hardship upon the applicant. The Board may, by rule, prescribe the form of application and may require preliminary application to the Zoning Officer. The Board may grant a variance, provided that all of the following findings are made, where relevant in a given case (except as provided for in flood area controls, § 155-11E):
(1) 
That there are unique physical circumstances or conditions, including irregularity, narrowness or shallowness of lot size or shape, or exceptional topographical or other physical conditions peculiar to the particular property, and that the unnecessary hardship is due to such conditions, and not the circumstances or conditions generally created by the provisions of this chapter in the neighborhood or district in which the property is located.
(2) 
That, because of such physical circumstances or conditions, there is no possibility that the property can be developed in strict conformity with the provisions of this chapter, and that the authorization of a variance is therefore necessary to enable the reasonable use of the property.
(3) 
That such unnecessary hardship has not been created by the appellant.
(4) 
That the variance, if authorized, will not alter the essential character of the neighborhood or district in which the property is located, nor substantially or permanently impair the appropriate use or development of adjacent property, nor be detrimental to the public welfare.
(5) 
That the variance, if authorized, will represent the minimum variance that will afford relief and will represent the least modification possible of the regulation in issue.
B. 
In granting any variance, the Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of this chapter.
Where this chapter has stated, special exceptions may be granted or denied by the Board, pursuant to express standards and criteria. In granting a special exception, the Board 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[1] and this chapter.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
Where the Board of Supervisors, in this chapter, has stated conditional uses to be granted or denied by the Board of Supervisors, pursuant to express standards and criteria, the Board of Supervisors 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 Supervisors 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 and this chapter.
Appeals under § 155-69A(1), (2), (3), (4), (7), (8) and (9) may be filed with the Board, in writing, by the landowner affected, any officer or agency of the municipality, or any person aggrieved. Requests for a variance under § 155-71 and for special exception under § 155-72 may be filed with the Board by any landowner or by any tenant with the permission of such landowner.
The time limitations for raising certain issues and filing certain proceedings with the Board shall be as follows:
A. 
No person shall be allowed to file any proceedings with the Board later than 30 days after any application for development, preliminary or final, has been approved by the Board of Supervisors, if such proceeding is designed to secure reversal or to limit the approval in any manner, unless such person alleges and proves that he had no notice, knowledge or reason to believe that such approval had been given. If such person has succeeded to his interest after such approval, he shall be bound by the knowledge of his predecessor in interest. The failure of anyone other than the landowner to appeal from an adverse decision on a tentative plan pursuant to § 155-125 or from an adverse decision by a Zoning Officer on a challenge to the validity of an ordinance or map pursuant to § 155-78 shall preclude an appeal from a final approval, except in the case where the final submission substantially deviates from the approved tentative approval.
B. 
All appeals from determination adverse to the landowners shall be filed by the landowner within 30 days after notice of the determination is issued.
A. 
Upon filing of any proceeding referred to in § 155-74 and during its pendency before the Board, all land development pursuant to any challenged ordinance, order or approval of the Zoning Officer or of any agency or body, and all official action thereunder, shall be stayed unless the Zoning Officer or, if appropriate, the Planning Commission or governing body certifies to the Board facts indicating that such stay would cause imminent peril to life or property, in which case the development or official action shall not be stayed otherwise than by a restraining order, which may be granted by the Board or by the court having jurisdiction of zoning appeals, on petition, after notice to the Zoning Officer or other appropriate agency or body. When an application for development, preliminary or final, has been duly approved and proceedings designed to reverse or limit the approval are filed with the Board by persons other than the applicant, the applicant may petition the court having jurisdiction of zoning appeals to order such persons to post bond as a condition to continuing the proceedings before the Board.
B. 
After the petition is presented, the court shall hold a hearing to determine if the filing of the appeal is frivolous. At the hearing, evidence may be presented on the merits of the case. It shall be the burden of the applicant for a bond to prove the appeal is frivolous. After consideration of all evidence presented, if the court determines that the appeal is frivolous, it shall grant the petition for a bond. The right to petition the court to order the appellants to post bond may be waived by the appellee, but such waiver may be revoked by him if an appeal is taken from a final decision of the court.
C. 
The question whether or not such petition should be granted and the amount of the bond shall be within the sound discretion of the court. An order denying a petition for bond shall be interlocutory. An order directing the responding party to post a bond shall be interlocutory.
D. 
If an appeal is taken by a respondent to the petition for a bond from an order of the court dismissing a zoning appeal for refusal to post a bond and the appellate court sustains the order of the court below to post a bond, the respondent to the petition for a bond, upon motion of the petitioner and after hearing in the court having jurisdiction of zoning appeals, shall be liable for all reasonable costs, expenses and attorney fees incurred by the petitioner.
A. 
A landowner who, on substantive grounds, desires to challenge the validity of an ordinance or map or any provision thereof which prohibits or restricts the use of development of land in which he has an interest shall submit the challenge either:
(1) 
To the Zoning Hearing Board under § 155-69A; or
(2) 
To the governing body under § 155-69B(4), together with a request for a curative amendment under § 155-137.
B. 
Persons aggrieved by a use or development permitted on the land of another by an ordinance or map, or any provision thereof, who desire to challenge its validity on substantive grounds shall first submit their challenge to the Zoning Hearing Board for a decision thereon under § 155-69A(1).
C. 
The submissions referred to in Subsections A and B shall be governed by the following:
(1) 
In challenges before the Zoning Hearing Board, the challenging party shall make a written request to the Board that it hold a hearing on its challenge. The request shall contain the reasons for the challenge. Where the landowner desires to challenge the validity of such ordinance and elects to proceed by curative amendment under § 155-137, his application to the governing body shall contain, in addition to the requirements of the written request hereof, the plans and explanatory materials describing the use or development proposed by the landowner in lieu of the use or development permitted by the challenged ordinance or map. Such plans or other materials shall not be required to meet the standards prescribed for preliminary, tentative or final approval or for the issuance of a permit, so long as they provide reasonable notice of the proposed use or development and a sufficient basis for evaluating the challenged ordinance or map in light thereof. Nothing herein contained shall preclude the landowner from first seeking a final approval before submitting his challenge.
(2) 
If the submission is made by the landowner to the governing body under Subsection A(2), the request also shall be accompanied by an amendment or amendments to the ordinance proposed by the landowner to cure the alleged defects therein.
(3) 
If the submission is made to the governing body, the Township Solicitor shall represent and advise it at the hearing or hearings referred to in § 155-69B(4).
(4) 
The governing body may retain an independent attorney to present the defense of the challenged ordinance or map on its behalf and to present their witnesses on its behalf.
(5) 
Based upon the testimony presented at the hearing or hearings, the governing body or the Board, as the case may be, shall determine whether the challenged ordinance or map is defective, as alleged by the landowner. If a challenge heard by the governing body is found to have merit, the governing body shall proceed as provided in § 155-137. If a challenge heard by a Zoning Hearing Board is found to have merit, the decision of the Zoning Hearing Board shall include recommended amendments to the challenged ordinance which will cure the defects found. In reaching its decision, the Zoning Hearing Board shall consider the amendments, plans and explanatory material submitted by the landowner and shall also consider:
(a) 
The impact of the proposal upon roads, sewer facilities, water supplies, schools and other public service facilities;
(b) 
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;
(c) 
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;
(d) 
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; and
(e) 
The impact of the proposal on the preservation of agriculture and other land uses which are essential to public health and welfare.
(6) 
The governing body or the Zoning Hearing Board, as the case may be, shall render its decision within 45 days after the conclusion of the last hearing.
(7) 
If the governing body or the Zoning Hearing Board, as the case may be, fails to act on the landowner's request within the time limits referred to in Subsection C(6), a denial of the request will be deemed to have occurred on the 46th day after the close of the last hearing.
D. 
The Zoning Hearing Board or the governing body, as the case may be, shall commence its hearings within 60 days after the request is filed, unless the landowner requests or consents to an extension of time.
E. 
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, explanatory material or proposed amendments, may be examined by the public.
F. 
The challenge shall be deemed denied when:
(1) 
The Zoning Hearing Board or the governing body, as the case may be, fails to commence the hearing within the time limits set forth in Subsection D;
(2) 
The governing body notifies the landowner that it will not adopt the curative amendment;
(3) 
The governing body adopts another curative amendment which is unacceptable to the landowner; or
(4) 
The Zoning Hearing Board or the governing body, as the case may be, 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 municipality.
G. 
Where a curative amendment proposal is approved by the grant of a curative amendment application by the governing body pursuant to § 155-69B(4) or a validity challenge is sustained by the Zoning Hearing Board pursuant to § 155-69A or the court acts finally on appeal from denial of a curative amendment proposal or a validity challenge, and the proposal or 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 or tentative approval pursuant to Chapter 135, Subdivision and Land Development, and Article XVI. Within the two-year period, no subsequent change or amendment in the zoning, subdivision or other governing ordinance or plan shall be applied in any manner which adversely affects the rights of the applicant as granted in the curative amendment or the sustained validity challenge. Upon the filing of the preliminary or tentative plan, the provisions of the section of Chapter 135, Subdivision and Land Development, shall apply. Where the proposal appended to the curative amendment application or the validity challenge is approved but does not require further application under any subdivision or land development ordinance, the developer shall have one year within which to file for a building permit. Within the one-year period, no subsequent change or amendment in the zoning, subdivision or other governing ordinance or plan shall be applied in any manner which adversely affects the rights of the applicant as granted in the curative amendment or the sustained validity challenge. During these protected periods, the court shall retain or assume jurisdiction for the purpose of awarding such supplemental relief as may be necessary.
In order not to unreasonably delay the time when a landowner may secure assurance that the ordinance or map under which he proposed to build is free from challenge, and recognizing that the procedure for preliminary approval of his development may be too cumbersome or may be unavailable, the landowner may advance the date from which time for any challenge to the ordinance or map will run under § 155-75 by the following procedure:
A. 
The landowner may submit plans and other materials describing his proposed use or development to the Zoning Officer for a preliminary opinion as to their compliance with the applicable ordinances and maps. Such plans and other materials shall not be required to meet the standards prescribed for preliminary, tentative or final approval or for the issuance of a building permit, so long as they provide reasonable notice of the proposed use or development and a sufficient basis for a preliminary opinion as to its compliance.
B. 
If the Zoning Officer's preliminary opinion is that the use or development complies with the ordinance or map, notice thereof shall be published once each week for two successive weeks in a newspaper of general circulation in the Township. Such notice shall include a general description of the proposed use or development and its location, by some readily identifiable directive, and the place and times where the plans and other materials may be examined by the public. The favorable preliminary approval under § 155-75 and the time therein specified for commencing a proceeding with the Board shall run from the time when the second notice thereof has been published.