(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 this chapter, except those brought before the City Council.
(2) Challenges to the validity of this chapter 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 this chapter.
(3) Appeals from the determination of the Building Code Official, 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 Building Code Official with reference to the administration of any flood plain or flood hazard ordinance.
(5) Applications for variances from the terms of this chapter.
(6) Applications for special exceptions under this chapter or flood plain provisions of this chapter.
(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 Building Code Official’s determination under section 916.2 of the PA Municipalities Planning Code (Procedure to Obtain Preliminary Opinion).
(9) Appeals from the determination of the Building Code Official or municipal engineer in the administration of this chapter with reference to sedimentation and erosion control and storm water management insofar as the same relate to development not involving subdivision or planned residential development applications.
(b) City Council or, except as to subsections (b)(2), (3) and (4), the Planning Commission, 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.
(2) Applications for conditional use under the express provisions of this chapter pursuant to section 603(c)(2) of the PA Municipalities Planning Code.
(3) Applications for curative amendments to a zoning ordinance pursuant to sections 609.1 and 916.1(a)(2) of the PA Municipalities Planning Code.
(4) All petitions for amendments to this chapter, pursuant to the procedures set forth in section 609 of the PA 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.
(5) Appeals from the determination of the Building Code Official or the municipal engineer in the administration of this chapter with reference to sedimentation and erosion control and storm water management insofar as the same relate to application for subdivision and land development or under planned residential development.
(Ord. 5139. Passed 11-27-13; Ord. 5191. Passed 12-9-15.)