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Pennsylvania Municipalities
Planning Code
Quick Guide
Appeals to Court (Article X-A)
| Jurisdiction and time for appeal
1001-A, 1002-A |
- All appeals from all land use decisions rendered pursuant to Article IX shall be taken to the court of common pleas of the district where the land in question is located
- Appeals shall be filed as provided in 42 Pa.C.S. 5572 within 30 days of entry of the decision or, in case of a deemed decision, within 30 days after notice of the deemed decision as set forth in 908(9)
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| Appeals to court, procedures
1003-A, 1004-A, 1005-A |
- Details of procedure and timing are specified in Section 1003-A, including filing of a land use appeal notice, entering of appeals by the prothonotary or clerk, notice to the municipality, request for the municipality’s records on the matter, serving of notice to landowner, and ability to petition the court for a stay
- If the appeal is from a board or agency of the municipality, the municipality or a owner or tenant of affected property may file a notice of intervention in accord with Section 1004-A
- If additional evidence is desired and warranted, a judge of the court (in accord with Section 1005-A) may hold a hearing, remand the case to the body, agency, or officer whose decision has been appealed, or may refer the case to a referee
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| Judicial relief
1006-A |
- The court has the power to declare any ordinance or map invalid and set aside or modify any action, order, or decision of the municipality
- For a zoning validity challenge involving multi-municipal zoning ordinances and plans, the court shall give consideration to the entire area covered by the ordinance or plan in accord with Section 1006-A
- Notwithstanding any provisions of this section, each municipality shall provide reasonable opportunity in its zoning ordinance for coal mining
- The court may order approval of, in full or in part, a development or use judged to have been unlawfully prevented or restricted by the municipality
- The court may hold additional hearings to take evidence or employ experts to aid in framing an appropriate order
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