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Conceptual Development, Inc. v Hampton Twp. Zoning Hearing Board,
875 A.2d 1205 (Pa. Cmwlth. 2005)
After being notified by the township solicitor that its site development plan did not conform with the township zoning ordinance, Developers requested a variance from the zoning hearing board. The Developers agreed to give the ZHB an extra 45 days to render its decision. The ZHB announced its decision denying the variance orally three days before the extended deadline, but issued its written decision seven days after the deadline. Arguing that the ZHB's failure to render a written decision by the extension date resulted in a deemed approval of its application, developers appealed to the trial court.
Reasoning that a ZHB has 45 days to render a written decision from the date of the ZHB's last hearing on the matter, the trial court affirmed the decision below. Developers then appealed to the Commonwealth Court.
The Commonwealth Court reversed, holding that the failure of the ZHB to render a written decision by the extended date resulted in a deemed approval of the application.
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