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The MPC does not require a municipality to publicly dedicate a street or road simply because it is built to public road specifications under a subdivision and land development ordinance.
Hanscom v. Bitler,
883 A.2d 1111 (Pa. Cmwlth. 2005).
Developers completed a residential development in full compliance with the Township’s Subdivision and Land Development Ordinance (SALDO). When the Developer offered to convey certain streets in the development to the Township for public dedication, the Township refused to accept the streets for public dedication. Appealing to the trial court, Developers argued that the “intent of the [SALDO] is that the Township will accept a proposed dedication once the ordinance’s requirements are met.” Accordingly, Developers sought a mandamus that would force the Township to publicly dedicate the streets. The trial court dismissed the action because, under its interpretation of the SALDO, the Township had complete discretion over the public dedication of streets.
On appeal, the Commonwealth Court held that “nothing in the Second Class Township Code or the Municipalities Planning Code requires a township to accept dedication of a street or road.” Accordingly, the Commonwealth Court affirmed the decision below, dismissing Developer’s action.
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