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Plan Rejection Notice Under MPC 508(c) May Incorporate Accompanying Engineer Report Identifying Defects
Advantage Development Inc. v. Board of Supervisors of Jackson Township, 743 A.2d 1008 Commonwealth Ct. (January 4, 2000).
Cross Reference - MPC Section 508 (2)
A revised final subdivision plan was remanded by the trial court to the township for review and further action. The township notified developer of the denial of the plan by letter which incorporated by reference the findings and recommendations from the township engineer.
The developer challenged the denial letter for its failure, on its own "four corners", to specify the plan's defects or to cite to the ordinance violated, in violation of MPC Section 508 which requires that such specifics must be provided so that an applicant can effectively appeal the denial to the trial Court. The trial court agreed.
On appeal the Commonwealth Court reversed the trial court. The Court first noted that Section 508(2)'s requirement of specificity in a denial letter also applied to denial letters issued on court-remanded plans. A denial letter incorporating by reference an attached engineer's report as part of the decision satisfies MPC Section 508(2) requirements if the report clearly identifies the defects and the sections of the ordinance violated.
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