A. The name and address of the applicant, and of the applicant's representative(s) or agent(s), where applicable.

B. The name and address of the record owner of the property that is the subject of the application or appeal; where the applicant is not the record owner of the subject property, a signed and notarized statement from the record owner, authorizing the applicant to pursue the specific appeal or application.

C. A brief description and location of the subject property, along with a survey and/or sketch of the property boundaries.

D. A statement of the present zoning classification of the subject property with the improvements thereon and the present use thereof.

E. A statement of the section of this chapter under which consideration by the Board is requested, along with a summary of reasons or arguments in support of the request.

F. A reasonably accurate description of the improvements or changes intended to be made under the application. In addition, there shall be attached a plot plan of the property to be affected, indicating the location and size of the lot and the size and location of the existing and proposed improvements or changes.

G. A list of all landowners within 400 feet of the applicant's land, to be supplied by applicant, who shall obtain the list at his own cost and expense from the Montgomery County Board of Assessment Appeals, or from the Tax Collector of Limerick Township and other municipalities when the adjacent land is outside the Township, along with prestamped and preaddressed envelopes for all landowners shown on the aforesaid list.

H. Any and all additional information that may be required by the Zoning Hearing Board.

I. A payment to the Township in accordance with a fee schedule adopted by recommendation of the Zoning Hearing Board and adoption by the Board of Supervisors, as amended.

(1) Such fees may include compensation for the secretary and members of the Board, notice and advertising costs and necessary administrative overhead connected with the hearing.
(2) The fees may not include compensation for the legal expenses of the Board or expenses for engineering, architectural or other technical consultant or expert witness fees.
(3) All permissible costs shall be borne by the applicant, based on an itemized list of expenses.

Action on appeals or applications.

A. Immediately upon receipt of an application, the Zoning Officer shall promptly forward the application to the Zoning Hearing Board Chairman along with all of the above information, lists of neighboring owners and prestamped and preaddressed envelopes.

B. The Chairman, in consultation with the Zoning Hearing Board Solicitor, shall fix a reasonable time and place for a public hearing on the application. Said hearing shall occur no more than 60 days after the application is made to the Secretary, unless the applicant has agreed, in writing, to an extension of time.

C. A true and correct copy of the application and all related information shall be forwarded to each member of the Zoning Hearing Board and to the Chairmen of the Planning Commission and Board of Supervisors.

D. Upon receipt of a Zoning Hearing Board application, the Planning Commission, at its next regularly scheduled meeting, may consider the application and may, at its sole discretion, resolve to comment thereon.

Review of challenges and appeals.

A. Time limitations on appeals.

(1) All appeals from determinations adverse to the landowners shall be filed by the landowner within 30 days after notice of the determination is issued.

(2) Appeals designed to secure reversal or limit the approval of any application for development, preliminary or final, shall be filed with the Board no later than 30 days after the application is approved by an appropriate municipal officer or agency, unless the person filing proves that he had not notice, knowledge or reason to believe that such approval had been given. If such person succeeded to his interest after such approval, he shall be bound by the knowledge of his predecessor in interest.
 

B. Effect of filing. When an appeal is filed, further development or official action pursuant to the appealed determination or approval shall be stayed until issuance of a final decision or findings by the Board. If the Zoning Officer or other municipal agency presents facts to the Board indicating that such a stay would cause imminent peril to life or property, development or official action can only be stayed by restraining order granted by the Board or by a court of competent jurisdiction.

C. Substantive validity challenge. A landowner who desires to challenge, on substantive grounds, the validity of a map or ordinance provision which prohibits or restricts the use or development of land in which he has an interest may submit the challenge either to the Zoning Hearing Board or, with a request for curative amendment, to the Township Board of Supervisors.

(1) The written application to the Zoning Hearing Board shall contain the reasons for the challenge.

(2) Public notice of the hearing shall include notice that the validity of the ordinance or map is in question and shall specify the place and time where a copy of the request and its accompanying materials may be examined by the public.

(3) Based upon the testimony at the hearing(s), the Board shall determine whether the challenged ordinance or map is defective, as alleged. If the challenge is found to have merit, the decision of the Board shall include recommended amendments to the challenged ordinance which will cure the defects found.

(4) In reaching its decision, the Board shall consider the plans and explanatory material submitted by the landowner and shall also consider:

(a) The impact of the proposal upon roads, sewer facilities, water supplies, schools and other public service facilities.
(b) If the proposal is for residential use, the impact of the proposal upon regional housing needs and the effectiveness of the proposal in providing housing units of a type actually available to and affordable by classes of persons otherwise unlawfully excluded by the challenged provisions of the ordinance or map.
(c) The suitability of the site for the intensity of use proposed by the site's soils, slopes, woodland, wetlands, floodplains, aquifers, natural resources and other natural features.
(d) The impact of the proposed use on the site's soils, slopes, woodland, wetlands, floodplains, aquifers, natural resources and other natural features, the degree to which these are protected or destroyed, the tolerance of the resources to development and any adverse environmental impacts.
(e) The impact of the proposal on the preservation of agriculture and other land uses which are essential to public health and welfare.
 

(5) If the Board fails to act on the request within 45 days of the last hearing, a denial of the request is deemed to have occurred.
 

Appeal to court.
Any persons aggrieved by the decision of the Board may within 30 days thereafter appeal to the Court of Common Pleas of Montgomery County by petition duly verified setting forth the grounds upon which said appeal is taken.

See Article VI: Zoning Hearing Board for complete, detailed information regarding the Zoning Hearing Board.