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Senate of Pennsylvania
Session of 2013 - 2014 Regular Session

MEMORANDUM

Posted: February 21, 2013 03:34 PM
From: Senator Charles T. McIlhinney, Jr.
To: All Senate members
Subject: Memo #7 - Zoning Hearing Board Appeals
 
In the near future, I plan to reintroduce legislation amending the Municipalities Planning Code to deny standing to zoning hearing boards to be a party in appeals from their decisions. The issue of whether the Zoning Hearing Board has standing to be a party in appeals from their decisions to Court has been raised and decided by Commonwealth Court.

The decision essentially prevents a Borough or Township from settling a case with an applicant that has appealed an adverse decision of the Zoning Hearing Board to the Court of Common Pleas without the participation and consent of the Zoning Hearing Board. For instance, if a Township or Borough was able to negotiate a settlement with a property owner who appealed from the decision of the Zoning Hearing Board and the terms and conditions of the settlement were satisfactory to the Township or Borough as well as to the Judge of the Court of Common Please, the Zoning Hearing Board could prevent the settlement if it did not agree.

Please do not hesitate to contact Gail Reinard at 787-7305 if you have any questions.



Introduced as SB721