Philomeno & Salamone v. Upper Merion Twp. Board of Supervisors, 882 A.2d 1044 (Pa. Cmwlth. 2005), app. granted.
Philomeno & Salamone v. Bd. of Supervisors, 966 A.2d 1109 (Pa. 2009).
Landowner may submit multiple inconsistent plans for the same property that are pending simultaneously.
Applicant submitted an application to subdivide its 18.67-acre property into one large lot and seventeen smaller residential lots. After granting the Township two extensions, and prior to the deadline for the second extension, Applicant filed a conditional use application for 28 townhouse units. The conditional use application was denied and six days after the denial was upheld on appeal, Applicant filed an application for mandamus to have its original plan deemed approved. The Commonwealth Court reversed the trial court’s determination that the original application was deemed approved because the Township did not act on the original plan within 90 days.
The Pennsylvania Supreme Court held that applicants are not precluded from filing multiple inconsistent applications. Section 508 of the MPC, 53 P.S. § 10508, requires all applications not acted upon to be deemed approved. Because the conditional use application was merely an alternate application, Applicant did not abandon its initial plan that was deemed approved.
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