The process for obtaining land use approvals in Pennsylvania can be confusing, befuddling, or worse. Navigating through the various local, state and federal agencies is time consuming and costly; especially for the uninitiated. Submitting the right applications, obtaining permits and approvals from the litany of governmental boards and commissions, and working with—or against—neighbors and local community groups can be almost painful. A moment of carelessness can add considerable cost, time, and even risk to a project, if not completely derail it.
This was starkly demonstrated by the Commonwealth Court in its recent decision, Pendle Hill v. The Zoning Hearing Board of Nether Providence Township, 933 C.D. 2015 (Pa.Cmwlth. 2016). In Pendle Hill, the court held that a zoning hearing board’s obligation to notify objectors of the board’s final written decision was not satisfied merely by the objectors’ presence when the board voted. Rather, the zoning hearing board was obligated to provide the objectors with written notice, and failing to do so, the trial court was directed to determine whether the objectors should have an opportunity to appeal the decision nearly a year and a half after it was made.
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