HHI Trucking & Supply, Inc. v. Borough Council, 990 A.2d 152 (Pa. Commw. Ct. 2010).
Conditions imposed upon a conditional use approval must be reasonable – meaning the condition must relate to a zoning ordinance standard or be authorized by the MPC, and must be based on facts supported by the record.
Borough Council granted the Applicant’s conditional use request for a ready-mix concrete plant but imposed thirty-three conditions. The Applicant appealed the conditional approval. The Commonwealth Court upheld the trial court’s decision that determined fourteen of the conditions were unreasonable. The Commonwealth Court reasoned that to be reasonable, a condition must relate to a zoning ordinance standard or be authorized by the MPC, and that the facts upon which the condition is premised must be supported by evidence on the record.
The Commonwealth Court held that the fourteen challenged conditions were unreasonable for various reasons. For example, one condition violated a 53 Pa. Cons. Stat. Ann. § 10617.3(e) because it required the property owner to reimburse the Borough for certain fees. With respect to a condition limiting hours of operation, the record was devoid of any evidence that longer hours would cause harm. Additionally, the Commonwealth Court determined that the condition limiting hours of operations was discriminatory because the same condition had not imposed on other trucking operations in the Borough.
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