Hanson Aggregates Pennsylvania, Inc. v. College Township Council

In Hanson Aggregates Pennsylvania, Inc. v. College Township Council, 911 A.2d 592 (Pa. Cmwlth. 2006), the Court was faced with the same issue of whether an ordinance was invalid for failure to provide for "reasonable development of minerals" as required by Section 603(i) of the MPC. Hanson, 911 A.2d at 594. In setting out the law, this Court explained that there is a presumption that a zoning ordinance is constitutional and valid unless the party challenging the zoning ordinance shows that "it is unreasonable, arbitrary or not substantially related to the police power interest" which it purports to serve. Hanson, 911 A.2d at 595. One of the reasons a court will find an ordinance "unreasonable and not substantially related to the police power is if the ordinance is unduly restrictive or exclusionary." Id. For instance, a "challenger may demonstrate that an ordinance totally excludes an otherwise legitimate use" either "on its face or by application." Id. "Once the challenger meets this burden, the municipality must show the ordinance 'bears a substantial relationship to the public health, safety, and welfare.'" Id.