1. Appeals under § 27-1002.2 and proceedings to challenge an ordinance under § 27-1002.3 may be filed with the Board, in writing, by any officer or agency of the township or any person aggrieved. Requests for a variance under § 27-1002.4 and special exception under § 27-1002.5 may be filed with the Board by any landowner or any tenant with the permission of such landowner.
2. The time limitations for raising certain issues and filing certain proceedings with the Board shall be the following.
A. No issue of alleged defect in the process of enactment of any ordinance or map or any amendment thereto shall be raised in any proceeding filed with the Board later than 30 days from the time such ordinance, map or amendment takes effect, unless the person raising such issue alleges and proves that he or she failed to receive adequate notice of the enactment or amendment. If such person has succeeded to his or her interest after the enactment of the ordinances, adequate notice to his or her predecessor in interest shall be deemed adequate notice to him or her.
B. No person shall be allowed to file any proceeding with the Board later than 30 days after any application for development, preliminary or final, has been approved by an appropriate township officer, agency or body if such proceeding is designed to secure reversal or limit the approval in any manner, unless such person alleges and proves that he or she failed to receive adequate notice of such approval. If such person has succeeded to his or her interest after such approval, adequate notice to his or her predecessor in interest shall be deemed adequate notice to him or her.
C. Upon filing of any proceeding referred to in this Section and during its pendency before the Board, all land development pursuant to any challenged ordinance, order or approval of the Zoning Officer or any agency or body and all official action thereunder shall be stayed, unless the Zoning Officer or any other appropriate agency or 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 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. The question of whether or not such petition should be granted and the amount of the bond shall be within the sound discretion of the court.
(Ord. 1983-2B, passed 4-30-1984)