Rule 14 - APPEALS FROM ZONING BOARD AND GOVERNMENTAL AGENCIESI. PENNSYLVANIA MUNICIPALITIES PLANNING CODE (nothing contained in this Local Rule shall supersede the requirements of the Pennsylvania Municipalities Planning Code). A. APPEAL NOTICE. A land use appeal shall be in writing and shall contain the following: 1. A caption in substantially the following form: In Re:
The Appeal of (Name) from the decision of the____________________(Name of local agency, such as zoning hearing board or governing body).
2. Where applicable and where available to the appellant, in separately numbered paragraphs and in the following order: a. name and address of the appellant.b. name and address of the local agency the decision of which is being appealed.c. the name and address of the owners, both real and equitable of any real estate which may be the subject of the application and an identification of any real estate which may be the subject matter of the application.d. a chronology of the case, including the following dates: ii. date of filing application with the zoning officer.iii. date of action of the zoning officer or other official.iv. date of appeal or request to local agency.v. dates of all hearings.vi. date of decision or adjudication from which the appeal has been taken. vii. date decision received.e. the purpose for which the original application was made.f. all specific legal and factual grounds relied upon for the appeal.g. prayer for relief specifying all relief sought by the appellant. 3. A certification by the appellant that a transcript of the proceedings has been ordered, if one is not already in existence. At the time of the ordering, a party must make satisfactory arrangements with the reporter for payment of the costs of the transcript.B. INTERVENTION 1. Notice of intervention under Section 1004-A of the Pennsylvania Municipalities Planning Code shall be under caption of the appeal and contain:i. name and address of intervenor.ii. nature of interest of intervenor in the proceedings.iii. statement setting forth the factual and legal circumstances under which the intervenor alleges a right to intervene.vi. a brief summary of the position of intervenor and grounds therefor. 2. All other intervention shall be governed by the Pennsylvania Rules of Civil Procedure.3. The petitioner seeking intervention in a land use appeal shall comply with the procedures in Sch.R.C.P. 208.3 to submit the matter to the Court.C. CERTIORARI 1. In making its return, the local agency shall submit its entire record, including but not limited to: a. all original papers filed, in chronological order, commencing with the application and all documents relating thereto, including correspondence;b. the transcript of testimony in existence and available to the local agency within the time it is required to make its return;c. the complete current zoning ordinance of the municipality, including maps, and any relevant prior ordinances or citation of, and copies of rules or regulations which affect the appeal;d. the findings of fact and conclusions of law of the local agency and its decision; ande. the names and addresses of all persons officially recognized as parties by the local agency. 2. The return on the certiorari shall be verified by the chairman or other officer designated by the local agency.3. Notice of making the return shall be given forthwith by the Prothonotary to appellant who shall, within 4 days after receipt of the notice of making the return, give written notice of the return to the municipality, any applicant before the local agency and any property owner, whether real or equitable, whose land is the subject matter of the application, as well as all other parties to the original proceedings. The appellant shall contemporaneously file a certificate of service of such notice, setting forth the name and address of each party served and the manner of service.4. If a transcript subsequently becomes available, a supplemental return, containing such transcript, shall be promptly filed, and notice given as required by I(C)(3) above.D. SUBMISSION TO COURT 1. Unless otherwise ordered by the court or by stipulation of the parties, the only issues before the court shall be those raised by the specific legal or factual grounds and prayers for relief in the appeal notice pursuant to subsection A(2)(f) and (g), and supplemental grounds filed in writing within 5 days of receipt of notice that the transcript has been filed.2. Upon receiving notice of the return on certiorari, any party may submit the appeal to the court for disposition by praecipe pursuant to Sch.R.C.P. 205.2(b). The submitting party shall contemporaneously file a brief supporting that party's position and an affidavit of service on all other parties or their counsel. The briefs of all other parties shall be filed within 20 days of such service. If any party believes that the proper consideration of the appeal requires the presentation of additional evidence, that party shall, on or before the date when that party's brief is due, file a written motion, in compliance with Sch.R.C.P. 208.1 et seq., and shall be accompanied by the praecipe mandated by Sch.R.C.P. 205.2(b), setting forth specifically the nature of the proposed additional testimony and the reasons why such testimony is necessary for the proper consideration of the appeal.3. In the absence of a motion to present additional testimony, the Court may render a decision based solely on the record, briefs of the parties and oral argument if requested; may direct that the parties brief and/or argue additional issues; or may remand the matter for additional hearing. If a motion for additional hearing is filed and it is shown that proper consideration of the appeal requires the presentation of additional evidence, the Court may hold a hearing to receive additional evidence, may remand the case to the body, agency or officer whose decision or order has been brought up for review if permitted by law, or may refer the case to a referee to receive additional evidence.4. An appeal from a decision on remand shall be docketed to the original docket from which the remand was made. Only issues arising from the remand may be raised. All requirements of all parties (including, but not limited to, the local agency), as elsewhere provided in this Rule shall apply to an appeal after remand.II. LOCAL AGENCY LAW. Except as otherwise provided in the Local Agency Law, 2 Pa.C.S.A. § 101 et seq., appeals taken under the Local Agency Law shall be governed by part I above to the extent applicable.III. OTHER GOVERNMENT AGENCIES. Appeals taken from any governmental action for which no other procedure is provided by statute or rule shall be governed by part I above to the extent applicable.Amended effective 3/1/2021; revised 2/23/2022; amended effective 2/1/2024.