1. The Zoning Hearing Board or appointed Hearing Officer shall have exclusive jurisdiction to hear and render final adjudications in the following matters: [Ord. 451]
A. Substantive challenges to the validity of any land use ordinance, except those substantive challenges to be brought exclusively before the governing body (Township Council) pursuant to § 609.1 (landowner curative amend ments) of the Municipalities Planning Code. [Ord. 451]
B. 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.
C. 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.
D. Appeals from a determination by the Township 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.
E. Applications for variances from the terms of the zoning ordinance and flood hazard ordinance or such provisions within a land use ordinance, pursuant to § 27-1404(3).
F. Applications for special exceptions under the zoning ordinance or floodplain or flood hazard ordinance or such provisions within a land use ordinance, pursuant to § 27-1404(2).
G. Appeals from the determination of any officer or agency charged with the administration of performance density provisions of the zoning ordinance. (Ord. 451)
H. Appeals from the zoning officer's determination under § 27-1407.
I. Appeals from the determination of the zoning officer or Township 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 application under Part 8 or Chapter 22.
2. The Township Council shall have exclusive jurisdiction to hear and render final adjudications in the following matters:
A. All applications for approvals of planned residential developments pursuant to the provisions of Part 8.
B. Applications for conditional use under the express provisions of the zoning ordinance pursuant to § 27-1406(1).
C. Applications for landowner curative amendment to a zoning ordinance or map or any provision thereof under § 609.1 and § 916.1 of the Municipalities Planning Code. (Ord. 451)
D. All petitions for amendments to land use ordinances, pursuant to the procedures set forth in § 609 of the Municipalities Planning Code. 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. (Ord. 451)
E. 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 storm water management insofar as the same relate to application for land development under Chapter 22 and Part 8 of this Chapter. Where such determination relates only to development not involving a Chapter 22 or Part 8 of this Chapter application, the appeal from such determination of the zoning officer or the municipal engineer shall be to the Zoning Hearing Board. (Ord. 269)
(Ord. 269, 10/16/1991, § 8; as amended by Ord. 451, 10/20/2004, § 7)