Opinion by
This is the appeal of H & K Materials, Inc. from an order of the Court of Common Pleas of Bucks County dismissing its appeal from a report of the Zoning Hearing Board of Hilltown Township on the. appellant’s challenge to the substantive validity of the Township Zoning Ordinance pursuant to Section 1004 (1) (a) of the Pennsylvania Municipalities Planning Code (MPC).
H & K, in its written request for hearing filed with the Zoning Hearing Board pursuant to Section 1004 (2) (a) of the MPC, 53 P.S. §11004(2) (a), stated as its ground for appeal the asserted unconstitutionality of the Ordinance by reason of its exclusion from the township of the following uses: quarrying, black top plants, bituminous concrete plants, batch concrete plants, asphalt manufacturing, macadam manufacturing, stone crushing operations, processing and stockpiling of crushed stone and related operations. H & K further alleged that it presently conducts quarry operations on a part of the 73 acre tract which it holds under long term lease, but that it is prevented by the Zoning Ordinance from expanding its activities to other parts of its land. It averred in this regard:
8. Petitioner intends to expand the quarrying, stone crushing, stock piling and other related uses on this property to the entire prem*322 ises and intends to operate on this property all uses herein challenged as being unconstitutionally excluded.
9. Petitioner operates his present operations on this property and intends to operate any use listed in this challenge on this property in the future in accordance with all applicable local, state and federal regulations., and in a safe and nonharmful manner.
The Zoning Hearing Board, after hearings, made numerous findings of fact and, although declaring that it was not making conclusions of law, expressed its view that the ordinance did not unconstitutionally exclude any of the uses described in H & K’s request for hearing. H & K filed a zoning appeal in the Court of Common Pleas. The Township then filed in Court a motion to dismiss the appeal on the ground, inter alia, of the failure of H & K to comply with Subsection 1004(2) (c) of the MPC, 53 P.S. §11004(2) (c), which reads:
The request [written request for hearing] shall be accompanied by plans and other materials describing the use or development proposed by the landowner in lieu of the use or development permitted by the challenged ordinance or map. Such plans and other materials shall not be required to meet the standards prescribed for preliminary, tentative or final approval or for the issuance of a permit so long as they provide reasonable notice of the proposed use or development and a sufficient basis for evaluating the challenged ordinance or map in the light thereof. Nothing contained herein shall preclude the landowner from first seeking a final permit or approval before submitting his challenge to the board or governing body.
In Connelly v. Board of Supervisors of Highland Township, 19 Pa. Commonwealth Ct. 110, 340 A.2d 597 (1975), the owners of 52 acres of land located in á rural township challenged lot size and lot width requirements of the township Zoning Ordinance applicable to the zoning district where their lands were located. No plans or other materials were filed with the governing body to whom the challenge was' made. The landowners’ description of their proposal, should the ordinance be struck down, consisted of the testimony of one of the owners that it was intended to subdivide the land into residential lots of at least .one acre. The governing body rejected the landowners’ request but the court of common pleas concluded that the ordinance was exclusionary, and retained jurisdiction' in order to determine the form of relief after the landowners should submit plans and applications for permits. We reversed, holding that Subsection 1004(2) (c) was mandatory, that plans and other materials describing the materials were essential to a determination of the “specific proposed use” and that the court should have dismissed the appeal. The Court of Common Pleas of Bucks County not unreasonably felt compelled by our holding in Connelly, s%tpra, to dismiss the zoning appeal in this case. We believe the cases are sufficiently,
We therefore reverse the order dismissing the appeal and remand the record to the court below for hearing at which H & K’s plans or other materials may be received and the matter thereafter disposed of on the merits.
Order
And Now, this 8th day of June, 1979, the order below dismissing the zoning Appeal of H & K Materials, Inc. is reversed; the order below dismissing H & K’s request to present other materials is vacated; and the record is remanded to the court below for hearing at which such materials may be received and thereafter for disposition on the merits.
Act of July 31, 1968, P.L. 805, as amended, 53 P.S. §11004(1) (a).
Section 1010 of the MPC, 53 P.S. §11010, provides that appeals to the Court pursuant to Section 1004 shall not be remanded for further hearings to, inter alia, the Zoning Hearing Board.
