Written Extension of Time In Which the Zoning Hearing Board Could Render Its Decision
In Swedeland Road Corporation v. Zoning Hearing Board, 107 Pa. Commw. 611, 528 A.2d 1064 (Pa. Cmwlth. 1987), appeal denied, 518 Pa. 621, 541 A.2d 748 (1988), the applicant, upon request from the zoning hearing board, agreed in writing to an extension of time in which the zoning hearing board could render its decision.
The Court held that the effect of an applicant's written agreement to an extension of the time in such a case is to bind the zoning hearing board to render its decision by the date specified in the written extension.
In Swedeland the Court stated:
The effect of this written extension was to bind the zoning hearing board to render a decision by that date.
Indeed, to hold otherwise would leave an applicant signing an extension with no means of preventing the zoning hearing board from unbridled tardiness in rendering a decision, thereby frustrating the intention of the Pennsylvania Municipalities Planning Code (MPC). Swedeland, 528 A.2d at 1066.