Land Use & Zoning
Pennsylvania's 'builder's remedy' legal doctrine allows a developer to build higher-density housing if:
AThe municipality has approved the subdivision plat
BThe municipality has failed to provide for its fair share of affordable housing needs✓ Correct
CThe property is zoned industrial and the developer seeks a use change
DThe builder obtains a variance from the zoning hearing board
Explanation
Pennsylvania courts have recognized the 'builder's remedy' in exclusionary zoning challenges — if a municipality has not provided for its fair share of regional affordable housing needs through its zoning, a developer may obtain judicial relief allowing higher-density affordable housing even if the current zoning doesn't permit it.
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