In Re: ZHB of Cheltenham Twp 12-16-15 Decision

211 A.3d 845
Supreme Court of Pennsylvania·Decided July 17, 2019·No. 3 MAP 2018·Published·Cited by 8 cases

Opinions

JUSTICE BAER

*846Subsection 508(4)(i) of the Pennsylvania Municipalities Planning Code (MPC), 53 P.S. § 10508(4)(i), precludes a municipality from changing its "zoning, subdivision or other governing ordinance or plan" subsequent to the filing of a land development application and then applying the new version of any of these municipal enactments to the then-pending application. In this appeal, we are tasked with determining whether Subsection 508(4)(i)'s protection of pending land development applications filed with a municipality's governing body extends to zoning applications submitted to its zoning hearing board that are: (1) related to the land development application, and (2) filed with the zoning hearing board during the pendency of the land development application and after an adverse zoning change. For the reasons that follow, we conclude that Subsection 508(4)(i)'s protection does extend to zoning applications under these circumstances. Because the Commonwealth Court reached the same conclusion, we affirm the order of that court.

I. Legal Background

A. Introduction

The MPC grants many powers to municipalities, including the authority to regulate: (1) subdivision and land development through the enactment of a subdivision and land development ordinance (SALDO), 53 P.S. § 10501, and (2) land use through the enactment of zoning ordinances, id. § 10601. As explained further below, part and parcel of a municipality's ability to regulate in this regard is the authority of a municipality's governing body or planning agency to approve or deny applications submitted to it for approval of "plats," or subdivision and land development plans, under the municipality's SALDO, and the authority of a municipality's zoning hearing board to approve or deny applications submitted to it for certain zoning relief pursuant to the municipality's zoning ordinances.1 While the processes for land development approval and zoning approval are distinct from each other, there are instances where a landowner needs to obtain both types of approval in order to develop his property as desired. This case presents us with one of those instances. Accordingly, and for purposes of facilitating a better understanding of the issue before us, we begin with a brief summary of the law governing each process as is relevant to the current dispute.2

*847B. Land Development

The MPC mandates that a municipality's SALDO require that all land development plans for land "situated within the municipality ... be submitted for approval to the governing body." Id. § 10501. The MPC also provides that a municipality's SALDO may include provisions concerning the specifications for, and submittal and processing of, land development plans, including "provisions for preliminary and final approval and for processing of final approval by stages or sections of development." Id. § 10503(1). Additionally, pursuant to the MPC, the municipality's governing body has exclusive jurisdiction to render final adjudications on all land development applications submitted for approval pursuant to Section 508 of the MPC, discussed below. Id. § 10909.1(b)(2).

In outlining the provisions regarding approval of land development applications, Section 508 provides information relating to, inter alia , the time and manner in which a municipality's governing body must render a decision on a land development application, as well as the effect of ordinance changes on a land development application. Most relevant to this appeal, Section 508 provides:

(4) Changes in the ordinance shall affect plats as follows:
(i) From the time an application for approval of a plat, whether preliminary or final, is duly filed as provided in the subdivision and land development ordinance, and while such application is pending approval or disapproval, no change or amendment of the zoning, subdivision or other governing ordinance or plan shall affect the decision on such application adversely to the applicant and the applicant shall be entitled to a decision in accordance with the provisions of the governing ordinances or plans as they stood at the time the application was duly filed. In addition, when a preliminary application has been duly approved, the applicant shall be entitled to final approval in accordance with the terms of the approved preliminary application as hereinafter provided. However, if an application is properly and finally denied, any subsequent application shall be subject to the intervening change in governing regulations.

Id. § 10508(4)(i).

Pursuant to the MPC's authorization, Cheltenham Township, the municipality involved in the dispute here, has a SALDO, known as the "Cheltenham Township Subdivision Code of 1974" (Subdivision Code). With respect to land development plans, the Subdivision Code includes articles pertaining to, inter alia , "Design Standards," "Plan Requirements," and "Plan Processing Procedures." CHELTENHAM TOWNSHIP, PA., SUBDIVISION CODE OF 1974 ch. 260, Articles III-V. Most relevant to this appeal, the Subdivision Code requires submission of a "tentative sketch plan" when, as here, the proposed land development "equals or exceeds eight (8) dwelling units or five (5) acres of land or when the plan includes nonresidential development." Id. § 260-35(A.). Section 260-35 further outlines the tentative sketch plan requirements and provides that the processing procedures for the tentative sketch plan are identical to those used for submission of preliminary land development plans. Id. § 260-35. Additionally, with respect to land development plans generally, the Subdivision Code mandates that any plan must meet the requirements of Cheltenham Township's zoning ordinance, discussed below, "unless ... special exceptions have been granted by" the Cheltenham Township Zoning Hearing Board (ZHB). Id. § 260-31.

*848C. Zoning

The MPC provides that, in enacting zoning ordinances regulating the use of land, a municipality may include "provisions for special exceptions."3 53 P.S. § 10603(c)(1). The MPC further requires every municipality that enacts a zoning ordinance to create a zoning hearing board, which has exclusive jurisdiction to render final adjudications on applications for special exceptions. Id. §§ 10901, 10909.1(a)(6). The MPC also includes a provision addressing the effect of ordinance changes on an application for a special exception, when the subject matter of that application would ultimately constitute land development. That provision, Section 917 of the MPC, provides that when an application for special exception has been filed with the zoning hearing board,

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In Re: ZHB of Cheltenham Twp 12-16-15 Decision, 211 A.3d 845 (Pa. 2019).

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