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KEY TOPICS: SUBDIVISION AND LAND DEVELOPMENT REGULATION, MUNICIPAL CAPITAL IMPROVEMENT
J. Trojnacki v. Board of Supervisor Solebury Twp, (Pa. Cmwlth. 2003), 842 A.2d 503
The Commonwealth Court held that the offsite tree replacement provision of the Solebury Township Tree Replacement Ordinance (STTRO) was invalid under the MPC. The provision in STTRO that was challenged stated “where development takes place in fully wooded lots, the Township may designate off-site areas where replacement trees shall be planted.” The Court explained that under Article V-A, “public capital improvements” stated within the definition of “offsite improvements” is not defined, however, the plain meaning of the term would include planting trees “in order to maintain the arboreal status quo of a township.” Section 503-A allows municipalities to condition subdivision approval on onsite improvements, or even fees in lieu thereof, but the statute disallows such practices with regard to offsite improvements.
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