Board appeals and applications made to the Board shall be in writing, on forms prescribed by the Board. Every appeal or application shall refer to the specific provision of this Chapter involved and shall exactly set forth the interpretation that is claimed, the grounds for any challenges to the validity of this Chapter, the use for which a Special Exception is sought, or the details of the variance that is applied for and the grounds on which it is claimed that the variance should be granted, as the case may be.
Applications and appeals together with the required filing fee, as established by the Council, shall be submitted to the Secretary of the Zoning Hearing Board.
1. Parties Appellant Before the Zoning Board. Appeals under § 27-1404(1) and proceedings to challenge the Chapter under § 27-1404(4) may be filed with the Board in writing by the landowner affected, any officer or agency of the Township or any person aggrieved. Requests for a variance or special exception may be filed with the Board by any landowner or any tenant with the permission of such landowner. (Ord. 269)
2. Time Limitations.
A. 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 the appropriate Township officer, agency or body 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 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 Part 8 or from an adverse decision by a zoning officer or a challenge to the validity of a zoning ordinance or zoning map pursuant to § 27-916(2) 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 determinations adverse to the landowners shall be filed by the landowner within 30 days after notice of determination is issued.
(Ord. 269)
3. Stay of Proceedings.
A. Upon filing of any proceeding referred to in § 27-1404(1) 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 any other appropriate agency or body certifies to the Board facts indicating that such stay would cause imminent peril to lives 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.
B. 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 whether or not such petition should be granted and the amount of the bond shall be within the sound discretion of the court.
4. Court Appeals.
A. Any person aggrieved by any decision of the Council with respect to a conditional use approval may appeal to the Court of Common Pleas of Lehigh County within 30 days after entry of the decision or, in the case of a deemed decision, within 30 days after the date upon which the notice of said deemed decision is given.
B. Any person aggrieved by any decision of the Zoning Hearing Board or the Township Council may appeal to the Court of Common Pleas of Lehigh County within 30 days after entry of the decision or, in the case of a deemed decision, within 30 days after the date upon which of said deemed decision is given.
(Ord. 269)
(Ord. 45, Z-§ 1404, 5/12/76; as amended by Ord. 269, 10/16/1991, 10,11)