|
Pursuant to section 503(9) of the MPC, a local subdivision ordinance may mandate that final plan approval be conditioned upon the receipt of all necessary state permits.
Morris v. South Coventry Township Bd. of Supervisors, 898 A.2d 1213 (Pa. Cmwlth. 2006).
Landowner desired to develop a residential subdivision. The Board preliminarily approved the land development plan subject to certain conditions which included the receipt of the necessary state agency permits. A neighboring property owner (Objector), filed a Land Use Appeal of the Board’s preliminary plan approval to the trial court. The trial court affirmed the Board’s decision.
Objector appealed to the Commonwealth Court arguing, among other things, that she did not receive a full and complete hearing below; the doctrine of judicial estoppel precludes the developer from assuming a position inconsistent with his assertion in a previous action (in Morris I, developer indicated that he would need all permits before the Board could give final approval); and the trial court erred when it approved the developer’s final plan before the developer received the necessary state permits.
The Commonwealth Court affirmed the trial court’s ruling. Assessing the substance of the claim, the court determined that 503(9) of the MPC and Section 407(C)(5) of the Subdivision Ordinance, pertaining to the attachment of conditions to final plan approval, were not a prohibition against approving a final plan, rather the provisions mandated that final plan approval must be conditioned on receipt of state agency approval permits. Once the conditions of the Subdivision Ordinance had been complied with, there was no need to delay granting final plan approval because the Board had decided all matters over which it had discretion.
DISCLAIMER:
This site is designed to provide summary review of selected Pennsylvania and Federal Court decisions related to land use and land use controls. The information contained herein, although produced by professionals, is not intended to render any legal service. Nor should the materials herein be utilized as a substitute for professional services. If legal advice or other expert assistance is required, the service of an attorney or other professional should be sought. DCED makes no representations, warranties or guarantees as to the accuracy, completeness or suitability of the information provided herein.
Back to Top |
