Latest Rulings:
Where an ordinance requires that a proposed development plan shows the development will be served by a sewage disposal system approved by the Pennsylvania Department of Environmental Protection (DEP), applicants are only required to show the proposed system is one that is typically approved by DEP.
In re Appeal by Grande Land, L.P., 174 A.3d 1178 (Pa. Commw. Ct. 2017)
Legislation is presumed to be constitutional, therefore, constitutional challengers must overcome a heavy burden to prevail. A challenged provision is invalid, as being overbroad, if it prohibits a substantial amount of protected speech. Provisions are only void for vagueness if “persons of common intelligence must necessarily guess at [the law’s] meaning and differ as to its application.”
London v. Zoning Bd. of Phila., 173 A.3d 847 (Pa. Commw. Ct. 2017)
Where a township’s subdivision and land development ordinance is silent as to when a zoning permit must be obtained in relation to an application for approval of a land development plan, there is no requirement that an applicant obtain zoning permits before seeking approvals for the land development plan.
Dambman v. Bd. of Supervisors, 171 A.3d 969 (Pa. Commw. Ct. 2017)
Topics
Cases are categorized into the following topics:
- Appellate Procedure
- Conditional Uses and Special Exceptions
- Land Use Appeal
- Miscellaneous
- Municipal Capital Improvement; Impact Fees
- Municipal Procedure
- Nonconformities
- Planned Residential Development
- Preemption of Local Ordinances
- Regulation of Particular Uses
- Subdivision and Land Development
- Takings
- Variances
- Zoning Validity Challenges
Statutes
State Statutes Related to Land Use/Current Legislation
PA Municipalities Planning Code (MPC)
The Municipalities Planning Code (pdf format) establishes the framework for land use planning and regulation in Pennsylvania. The MPC sets powers, duties, and procedures that apply uniformly to all classes of local governments – counties, cities, boroughs, townships, and home-rule municipalities – except the cities of Philadelphia and Pittsburgh.
State Statutes Referenced in the Municipalities Planning Code
Sections 301(6) and 603(b) of the MPC require that local comprehensive lans and zoning ordinances be consistent with and not exceed the requirements contained in a number of specific statutes.
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Other State Statutes Related to Land Use
In addition to those acts listed in the MPC, there are other state laws that are of importance to local officials and others interested in sound land use.
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Disclaimer
No liability is assumed with respect to the use of information contained in this website. Laws may be amended or court rulings made that could affect a particular procedure, issue, or interpretation. The Department of Community & Economic Development assumes no responsibility for errors and omissions nor any liability for damages resulting from the use of information contained herin. Please contact your local solicitor for legal advice.