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).
SUBDIVISION AND LAND DEVELOPMENT PLAN: WAIVER/MODIFICATION BY MUNICIPALITY.
Ruf v. Buckingham Twp., 765 A.2d 1166 (Pa. Commw. January 11, 2001).
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).
A municipality may insist on the completion of roadway improvements before issuing final occupancy certificates, even when PennDOT would otherwise allow access to the property before final completion of the road improvements.
Middle Smithfield Twp. v. Kessler,
882 A.2d 17 (Pa. Cmwlth. 2005), app. denied, 903 A.2d 539 (Pa. 2006).
Plan Denial Letters: Reasons for denial must be specified. Incorporation by reference to municipality's engineer's report may be sufficient.
Advantage v. Board of Supervisors of Jackson Township, 743 A. 2d 1008 (2000).
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).
North Codorus Twp. v. North Codorus Twp. Zoning Hearing Board,
873 A.2d 845 (Pa. Cmwlth. 2005)
Preliminary Plan Approval, with Adverse Conditions, is a Final Appealable Decision; Failure to Appeal Waives Right to Challenge the Same Conditions Imposed on Final Plan.
In Re Appeal of Busik, 759 A.2d 417 (Commonwealth Court) August 9, 2000
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).