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).
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).
Residents Against Matrix v. Lower Makefield Twp.
845 A.2d 908 (Pa. Cmwlth. 2004)
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).
A land development application shall be reviewed under the terms of the zoning ordinance in effect on the date the application is duly filed and shall not be afforded the benefit of any favorable zoning amendments enacted after the date of filing.
Telvil Construction Corp. v. East Pikeland Zoning Hearing Board,
896 A.2d 651 (Pa. Cmwlth. 2006), reargument denied (Pa. Cmwlth. May 15, 2006).
Springfield Twp. v. Halderman
840 A.2d 528 (Pa. Cmwlth 2004)
Appellant to subdivision or land development plan approval need not have attended or participated in any of the municipal meetings at which the plan was considered in order to establish standing.
Miravich v. Twp. of Exeter, 6 A.3d 1076 (Pa. Commw. Ct. 2010).
Blue Mountain Preservation Assn. v. Twp. of Eldred,
867 A.2d 692 (Pa. Cmwlth. 2005)
The power to enact a zoning ordinance, for whatever purpose, does not necessarily include the power to suspend a valid zoning ordinance to the prejudice of a land owner.
Naylor v. Township of Hellam, 565 Pa 397, 773 A.2d 770 Pa Supreme Court (June 20, 2001)
Township demonstrated impermissible bad faith in plan review process by ignoring the developer's attempts to receive feedback on plan issues and by not agreeing to accept the time extension offered by the developer.
Highway Materials, Inc. v. Bd. of Supervisors of Whitemarsh Twp., 974 A.2d 539 (Pa. Commw. Ct. 2009).