In this case out of Chester County, the Commonwealth Court was presented with a request for site specific relief following a successful validity challenge of the East Pike Township Zoning Ordinance (the “Ordinance”).  In concluding that the Court of Common Pleas of Chester County had erred by denying site-specific relief, the Court found the 1 year limitation in § 916.1(g) was inapplicable, it was improper for the trial court to merely rely upon the conclusions of the East Pike Township Zoning Hearing Board (“ZHB”), and the burden of proving compliance with the Ordinance’s unchallenged, pre-existing, and generally applicable provisions rested upon the Township rather than the successful challenger.

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