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).
There is no requirement that the sewer planning process be completed prior to the granting of a preliminary subdivision and land development plan, only that the process be commenced.
Kohr v. Lower Windsor Twp. Board of Supervisors,
910 A.2d 152 (Pa. Cmwlth. 2006).
CACO Three, Inc. v. Bd. of Supervisors of Huntington Twp., (Pa. Cmwlth. 2004), 845 A.2d 991
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).