LTS Development, Inc. v. Middle Smithfield Township Board of Supervisors
862 A.2d 686 (Pa. Cmwlth. 2004)
A developer submitted a conditional use application to the township to construct a neighborhood on a 150 acre property. The governing board approved the application subject to twenty-nine conditions. The developer refused to accept the conditions. The application was then deemed to have been denied pursuant to the Ordinance. The developer appealed the denial on the basis that the thirteen of the conditions set forth by the governing board were unreasonable.
The trial court reversed the deemed denial of the application because twelve of the thirteen conditions were unreasonable. The Court acknowledged that a governing board may attach reasonable conditions that it determines are necessary to assure that the proposal will satisfy the purpose of a zoning ordinance; however, a governing board must demonstrate that the conditions that it imposes are reasonably related to the public health, safety and welfare. By affirming the trial court’s decision, the Commonwealth Court held that the conditions were unreasonable.
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