Construction of a roof over an existing patio does not require land development plan approval.
Borough of Moosic v. Zoning Hearing Bd., 11 A.3d 564 (Pa. Commw. Ct. 2010).
Subdivision and Land Development
Harvin v. Bd. of Comm’rs of Upper Chichester Twp. (2012)
Stormwater management facilities could not be counted towards open space requirements based on the ordinance's definition of common open space.
Harvin v. Bd. of Comm’rs of Upper Chichester Twp., 33 A.3d 709 (Pa. Commw. Ct. 2012).
Honey Brook Estates, LLC v. Bd. of Supervisors of Honey Brook Twp. (2016)
Township acted in bad faith by rejecting plan submission for minor technical errors that normally did not lead to the rejection of a plan. It is important to note that the plan was submitted just prior to the Township rezoning the property to limit the property's development potential.
Honey Brook Estates, LLC v. Bd. of Supervisors of Honey Brook Twp., 2016 Pa. Commw. LEXIS 52 (Pa. Commw. Ct. 2016).
Date of Decision: 1/13/16
Weiser v. Latimore Township (2008)
An applicant is entitled to approval of their final subdivision plan if their preliminary plan was approved as long as the final plan is substantially the same as the preliminary plan.
Weiser v. Latimore Township, 960 A.2d 924 (Pa. Cmwlth. 2008)
Date of Decision: 11/21/08
Great Lakes Energy Partners, Penneco Oil Company, CB Energy, Inc. and Independent Oil and Gas Association of Pennsylvania v. Salem Township (2007)
A Township’s Subdivision and Land Development Ordinance regulations relating to oil and gas operations were preempted by the Pennsylvania Oil and Gas Act.
Great Lakes Energy Partners, Penneco Oil Company, CB Energy, Inc. and Independent Oil and Gas Association of Pennsylvania v. Salem Township
931 A.2d 101 (Pa. Commw. Ct. 2007).
Date of Decision: 8/9/07
Upper Southampton Township v. Upper Southampton Township ZHB (2007)
A lease allocating land to a use separate from the existing use does not constitute “land development” under the MPC.
Upper Southampton Township v. Upper Southampton Township ZHB, 934 A.2d 1162 (Pa. 2007).
Stauffer v. Weisenberg Twp. Bd. of Supervisors (2007)
A conditional approval of a subdivision and land development plan is not a rejection for purposes of the deemed approval provisions of the MPC.
Stauffer v. Weisenberg Twp. Bd. of Supervisors, 934 A.2d 783 (Pa. Commw. 2007).
Monroe Meadows Housing Partnership v. Municipal Council of Monroeville (2007)
A municipality that approves a subdivision plan that includes the dedication of a public street cannot later impose additional dedication conditions that create undue hardships.
Monroe Meadows Housing Partnership v. Municipal Council of Monroeville, (Pa. Cmwlth. 2007).
Morris v. South Coventry Township Bd. of Supervisors (2006)
Pursuant to section 503(9) of the MPC, a local subdivision ordinance may mandate that final plan approval be conditioned upon the receipt of all necessary state permits.
Morris v. South Coventry Township Bd. of Supervisors, 898 A.2d 1213 (Pa. Cmwlth. 2006).
Philomeno & Salamone v. Upper Merion Twp. Board of Supervisors (2005)
Filing a conditional use application filed after a subdivision application can constitute abandonment of the subdivision application.
Philomeno & Salamone v. Upper Merion Twp. Board of Supervisors,
882 A.2d 1044 (Pa. Cmwlth. 2005), app. granted.