A. The decisions of the Planning Commission with respect to the approval or disapproval of plans may be appealed directly to the County Court of Common Pleas and shall be filed not later than 30 days after issuance of the decision of the Planning Commission.
B. Subdivision appeals shall be entered by the Prothonotary upon the filing of a subdivision appeal notice which concisely sets forth the grounds on which the appellant relies, verified to the extent that it contains averments of fact. The subdivision appeal notice shall be accompanied by a true copy thereof.
C. Upon filing of a subdivision appeal, the Prothonotary shall forthwith send to the Planning Commission by registered or certified mail a copy of the subdivision appeal notice together with a writ of certiorari commanding the Planning Commission within 20 days after receipt thereof to certify to the Court its entire record in the matter in which the subdivision appeal has been taken, or a true and complete copy thereof, including any transcript of testimony in existence and owned by the Planning Commission at the time it received the writ of certiorari.
D. If the appellant is a person other than the owner of the property directly involved in the decision of the Planning Commission, the appellant, within five days after the subdivision appeal is filed, shall serve a true copy of the subdivision appeal notice upon such owner in the manner specified by the Rules of Civil Procedure for the service of a complaint in equity and shall file proof of such service. For identification of such owner, the appellant may rely upon the record of the Planning Commission and, in the event of good faith mistakes as to such identity, may make such service nunc pro tunc by leave of court.
E. Within the 30 days first following the filing of a subdivision appeal, the City and any owner or tenant of property directly involved in the decision of the Planning Commission may intervene as of course by filing a notice of intervention, accompanied by proof of service of the same, upon each appellant or each appellant's counsel of record. All other intervention shall be governed by the Rules of Civil Procedure relating to intervention actions.
F. The appellant, before proceeding to hearing or argument upon the subdivision appeal, shall obtain and file with the Court a transcript thereof.
G. At any time during the pendency of a subdivision appeal, the Court or a Judge thereof may grant an order of supersedeas upon such terms and conditions, including the filing of security, as the Court or Judge thereof may prescribe.
H. If no verbatim record of testimony before the Planning Commission was made or if, upon motion, it is shown that proper consideration of the subdivision appeal requires the presentation of additional evidence, a Judge of the Court may hold a hearing to receive such evidence or may remand the case to the Planning Commission or refer it to a referee to receive such evidence. Final decision in each subdivision appeal shall be made by the Court or a Judge thereof considering the record and finding of fact made by the Planning Commission, as supplemented and replaced by findings of fact made by a judge or referee. The final decision shall contain conclusions of law:
(1) Where the appeal is from the decision of the Planning Commission, the Court may reverse, affirm or modify the decision appealed.
(2) Where the appeal involves a challenge to the validity of this chapter, the Court shall have power to declare this chapter and any provisions thereof invalid and, in addition thereto, shall have power to enter judgment in favor of the landowner as provided in § 515-706B(2) or stay the effect of its judgment for a limited time to give the City an opportunity to modify or amend this chapter in accordance with the opinion of the Court.
I. No costs shall be allowed against the City unless it shall appear to the Court that the Planning Commission acted with gross negligence or in bad faith or with malice.