On Sept. 28, the Pennsylvania Supreme Court handed down a unanimous decision in Piper Group Inc. v. Bedminster Township Board of Supervisors and Bedminster Township , one which clarified the pending ordinance doctrine and will likely impact the manner in which zoning ordinances are challenged in the commonwealth.
The dispute revolved around a proposed high-density residential development in an area zoned as an Agricultural Preservation (AP) District in Bucks County. In light of a de facto zoning ordinance challenge, the Piper court ruled that ordinance defects are to be resolved by the appropriate local board, even in the case where a challenge to the ordinance predates a board’s declaration of intent to amend.
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