Skip to content

Menu

LexBlog, Inc. logo
NetworkSub-MenuBrowse by SubjectBrowse by PublisherJoin the NetworkGet StartedSubscribeSupportContact
Search
Close

Tick Tock – You’re On the Clock: Navigating Time-Restraints for Zoning Hearings

By Esch McCombie & Benjamin Ward on August 20, 2018
Email this postTweet this postLike this postShare this post on LinkedIn

Meeting deadlines is something we all strive for. Whether you’re handing in a project at work, or meeting someone for coffee, making yourself aware of the time is something we do every day. And failure to meet such deadlines creates the potential for undesirable consequences. The same is true for municipalities and developers, as failure by either party to familiarize themselves with the time-restraints imposed by the Pennsylvania Municipalities Planning Code (the “MPC”) for land use hearings can create major headaches. This post is the second post of a four-part series (Post 1, Post 3, Post 4 to come) and follows our review, in Post 1, of the notice requirements that a zoning hearing board or governing body (the “Board”) must follow prior to a land use hearing.  This post explores two important deadlines to which the Board must adhere.

Under Section 908(1.2) of the MPC, the initial hearing before the Board must commence within 60 days from the date the Board receives the application, unless the applicant agrees in writing to an extension of time. If the Board fails to meet this requirement, one of two things can happen. Most commonly, failure to commence a hearing within the prescribed period results in a “deemed approval” of the application. For example, in Nextel Ptnrs. Inc. v. Clarks Summit Borough, 958 A.2d 587 (Pa. Commw. Ct. 2008), a conditional use application, originally denied by a board, was deemed approved by the courts on appeal because the first hearing on the application did not commence until 82 days after the application was filed. Alternatively, the outcome under Section 916.1(f)(1) of the MPC, in cases of a substantive validity challenge (i.e. a challenge to the zoning ordinance’s constitutionality), is a “deemed denial” of the application. A deemed denial means the application is denied and the applicant has 30 days to appeal to the courts.

The second major time requirement, under Section 908(9) of the MPC, is that the Board must render a written decision within 45 days of the last hearing. Like the commencement requirements, failure by the Board to meet this deadline usually constitutes a deemed decision. For example, the Commonwealth Court ruled in Gib. Rock, Inc. v. New Hanover Twp. Zoning Hearing Bd., 68 A.3d 1012 (Pa. Commw. Ct. 2013), that the failure by the Board to issue a written decision within 45 days after the last hearing on a substantive validity challenged results in a deemed denial.

Depending on the circumstances, a deemed decision might be a preferred outcome.  However, in most cases a deemed decision generally is less preferred by developers and municipalities, alike, because it frequently leads to appeals, uncertainty and unwanted delays. As such, we encourage both developers and municipalities to be cognizant of these deadlines to avoid deemed decisions.

Please feel free to contact any member of the McNees Wallace & Nurick Land Use Group for assistance with any land use or development issues and/or if you have any questions regarding this post.

Edited and revised 1/7/19 to account for Post 3 and pending Post 4.

Esch McCombie

Esch is an an at McNees Wallace & Nurick LLC in Harrisburg, PA.  He is a member of the Firm’s Real Estate Practice Group, Oil & Natural Gas Group and the Pipeline & Oil/Gas Infrastructure Group.

He focuses his practice on land use…

Esch is an an at McNees Wallace & Nurick LLC in Harrisburg, PA.  He is a member of the Firm’s Real Estate Practice Group, Oil & Natural Gas Group and the Pipeline & Oil/Gas Infrastructure Group.

He focuses his practice on land use matters and permit approvals at the municipal, county and state level. His work includes reaching favorable zoning and land development outcomes by way of variances or waivers, special exceptions or conditional uses, zoning amendments and challenges to ordinances, and negotiations with municipalities and other government agencies throughout Pennsylvania. In addition, he works on storm water management and transportation issues that often arise with land use matters. On a national level, Esch conducts zoning and land use due diligence associated with mergers and acquisitions and the purchase or sale of properties and businesses. He has assisted commercial, industrial and residential developers, educational institutions, pipeline and other oil and gas related companies, telecommunication companies, and small business owners and start-ups. Esch has received favorable determinations, decisions and approvals for large warehouse and distribution centers, residential communities of all types, urban redevelopment projects, craft breweries and event venues, car dealerships, pipeline projects, and coal to natural gas conversion projects.

While in law school, Esch served as a Senior Editor of the Penn State Law Review, was the Dickinson School of Law Liaison to the Carlisle Borough Council, Carlisle, PA, and was a judicial intern to the Honorable Christopher C. Conner, U.S. District Court. Prior to his legal career, Esch spent seven years working in the claims department of a Fortune 500 insurance company.

Esch currently serves on the McNees Hiring Committee, is Co-Editor of the McNees Land Use Blog, and is President of the Board of Directors of the Carlisle Theatre.

Read more about Esch McCombieEmail
Show more Show less
  • Posted in:
    Real Estate & Construction
  • Blog:
    McNees Land Use Blog
  • Organization:
    McNees Wallace & Nurick LLC
  • Article: View Original Source

Call us at 1-800-913-0988 or email sales@lexblog.com.

Facebook LinkedIn Twitter RSS
The Library at LexBlog
  • About LexBlog
  • The Field We Built
  • Library at LexBlog
  • Our Beliefs
  • Our Team
  • Contact LexBlog
  • Disclaimer
  • Editorial Policy
  • Terms of Service
  • Get Started
  • Publishing Solutions
  • Compass
  • Submit a Request
  • Support Center
  • System Status
Copyright © 2026, LexBlog, Inc. All Rights Reserved.
Law blog design & platform by LexBlog LexBlog Logo