Can Zoning Hearing Board Order to Remove An Offending Structure ?
The Pennsylvania Municipalities Planning Code (MPC) does not authorize the Board to direct the allocation of sewer capacity or to require development in a "by-right" district prior to permitting development in a "by residential exception" district, or to regulate generally land development in the Township.
However, the question remains whether that authority exists by implication or interpretation, as urged by the Board.
The Court held that it does not.
In In re Leopardi, our Supreme Court considered "whether a zoning hearing board is empowered to order the removal of an offending structure." Id. at 119, 532 A.2d at 313.
The Court concluded that, "the power to issue enforcement or remedial orders is not expressly conferred upon zoning hearing boards in the enabling statute, and neither remedial nor enforcement powers are implied in the powers that are delegated." Id. at 120, 532 A.2d at 313.