Rule 5150 - Appeals In Land Use Cases(a) Notice of Appeal - Content: A land use appeal shall contain the following information: (1) A caption in substantially the following form: IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA
Name of Appellant | : | No. ________________________ |
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Name of municipality or name of body (i.e. zoning hearing board, governing body or planning commission) which rendered decision | : | [type of] APPEAL |
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NOTICE OF APPEAL
Names, addresses and telephone numbers of all counsel and who they represent, or of unrepresented parties:
(2) When applicable, in separately numbered paragraphs and in the following order:(i) Name and address of the appellant.(ii) Name and address of the zoning hearing board, governing body or planning commission ("local agency") which rendered the decision.(iii) Name and address of the applicant to the local agency, if the applicant is not the appellant.(iv) Name and address of the owners, both real and equitable, of any real estate which was the subject of the decision and identification of the real estate.(v) The chronology of the matter, including the following as applicable:(vi) Date of filing application or appeal with zoning officer or other official.(vii) Date of action, if known, of the zoning officer or other official.(viii) Date of appeal from action of zoning officer or other official to local agency or date of filing application with local agency.(ix) Dates of all hearings or meetings of the local agency.(x) Date of written decision or, if applicable, date of deemed decision from which the appeal has been taken.(xi) Date written decision served.(xii) The purpose for which the application was made.(xiii) The basis for appellant's standing to file the appeal.(xiv) All specific legal and factual grounds for the appeal.(xv) Specific request for relief.(3) If a court reporter was present and if a transcript is not already in existence, appellant's certification that appellant has ordered a transcript of the proceedings and has made satisfactory arrangements with the court reporter for payment. Upon receipt of the transcript, appellant shall provide the original transcript to the solicitor of the local agency to be filed with the record. If appellant does not include a certification that appellant has ordered the transcript, any other party may file a petition requesting the Court dismiss the appeal. (b) Intervention - notice: A notice of intervention under 1004 -A of the Pennsylvania Municipalities Planning Code, 53 P.S. § 11004-A, shall contain: (1) The caption and number of the appeal.(2) Name and address of intervenor.(3) Nature of the interest of intervenor in the appeal.(4) Legal and factual circumstances under which intervenor claims a right to intervene.(5) Summary of intervenor's position.(c) Intervention - petition to intervene: Any person or entity who wishes to intervene in an appeal of a land use matter and who cannot intervene as a matter of right pursuant to 1004 -A of the Pennsylvania Municipalities Planning Code, 53 P.S. Sec. 11004-A, shall file a petition to intervene pursuant to Pa.R.C.P. No. 2326 et seq. The petition shall be presented to the Court pursuant to YorkR.C.P. 205.1 and 208.3(a), and shall contain, in addition to the information required by Pa.R.C.P. No. 2328, the following: (1) The caption and number of the appeal.(2) Name and address of intervenor.(3) Nature of the interest of intervenor in the appeal.(4) Legal and factual circumstances under which intervenor claims a right to intervene, including a statement whether the intervenor was granted status as a party before the local agency.(5) A summary of intervenor's position and grounds therefor.(d) Certiorari: The local agency shall submit its entire record within twenty days after receipt of the writ of certiorari or receipt of the transcript(s), whichever is later. The record shall include, but is not limited to: (1) All original papers filed in chronological order, commencing with the application.(2) Minutes of meetings of the local agency at which the application was considered.(3) The complete ordinance under which the local agency rendered its decision, including maps.(4) The findings of fact and conclusions of law of the local agency, if any, and its written decision.(5) The names and addresses of all persons the local agency recognized as parties to the proceedings.(6) Transcripts of hearings.(e) Transcript of hearings: The local agency shall not submit its record to the Prothonotary until appellant has provided the transcript of all hearings if the transcript is not in existence and available to the local agency prior to appellant filing the appeal. In the event that the appellant has not provided the local agency with a transcript within 45 days of the filing of the appeal, the local agency shall submit its record to the Prothonotary with a certification that a transcript has not been provided and the reason.(f) The chairperson, presiding officer, keeper of the records, or solicitor of the local agency shall certify the submission and filing of the record, and shall notify the applicant before the local agency (if appellant was not the applicant), the legal and equitable owner of the land which was the subject of the application and all other persons recognized as parties to the local agency's proceedings. Proof of notice shall be filed with the record or within a reasonable time thereafter.Amended effective through 8/1/2023.