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).
Landowner may submit multiple inconsistent plans for the same property that are pending simultaneously.
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).
If the written denial of a land development plan does not clearly identify what issues have been addressed and what issues remain, Section 508(2) of the MPC is not satisfied.
Lease v. Hamilton Twp.,
885 A.2d 684 (Pa. Cmwlth. 2005), app. denied, 586 Pa. 775 (2006).
Folino v. Greenwich Twp.
862 A.2d 176 (Pa. Cmwlth. 2004)
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).
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)