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).
MPC Protection Against Adverse Ordinance Changes Not Applicable to Sewage Facilities Plans.
Pequea Township v. Herr et. al., 716 A 2d 678 (1998)
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).
North Codorus Twp. v. North Codorus Twp. Zoning Hearing Board,
873 A.2d 845 (Pa. Cmwlth. 2005)
Rejection of Subdivision or Land Development Plans Must Specify Defects: Failure results in deemed approval.
Coretsky v. Butler Township, 520 Pa 573, 555 A2d 72 (1989)
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)