Michaels Development Co. v. Benzinger Township Board of Supervisors

413 A.2d 743, 50 Pa. Commw. 281, 1980 Pa. Commw. LEXIS 1273
CourtCommonwealth Court of Pennsylvania
DecidedApril 1, 1980
DocketAppeal, No. 2063 C.D. 1978
StatusPublished
Cited by13 cases

This text of 413 A.2d 743 (Michaels Development Co. v. Benzinger Township Board of Supervisors) is published on Counsel Stack Legal Research, covering Commonwealth Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Michaels Development Co. v. Benzinger Township Board of Supervisors, 413 A.2d 743, 50 Pa. Commw. 281, 1980 Pa. Commw. LEXIS 1273 (Pa. Ct. App. 1980).

Opinion

Opinion by

Judge MacPhail,

The Benzinger Township Board of Supervisors (Board) and Robert J. Makufka and other concerned citizens of Benzinger Township (Intervenors) appeal from an order of the Court of Common Pleas of Elk County, which vacated a decision of the Board.1 After taking additional testimony, the trial court granted tentative approval with conditions attached to the application of Michaels Development Company, Inc. (Developer) for a planned residential development (PRD), pursuant to Article VII of the Pennsylvania Municipalities Planning Code (MPC), Act of July 31, 1968, P.L. 805, as amended, 53 P.S. §10701 et seq.

The Board and Intervenors argue that the trial court abused its discretion in granting the tentative approval because it failed to consider substantial evi[284]*284deuce that the Developer’s proposed PHD was not in the public interest. Although the Board and Intervenors agree that the Developer’s plans have met all of the requirements of the Benzinger Township Planned Residential Development Ordinance (Ordinance), they state that Section 709(b) of the MPO, 53 P.S. §10709(b), additionally requires the Board to ‘ ‘ set forth with particularity in what respects the development plan would or would not be in the public interest” including, but not limited to, six specific areas of inquiry. The Board found that the Developer’s plan fell short of meeting public interest criteria in several respects:

(1) the proposed development is inconsistent with the township’s comprehensive plan;

(2) the requirements for common open space have not been met;

(3) there have been departures from township zoning regulations which are not in the public interest;

(4) aggravation of an existing sewage problem in the neighborhood would create an adverse relationship between the proposed development and the neighborhood; and

(5) the problems created by the development clearly outweigh any alleged need for it.

The Board and Interveners disagree with the Developer’s major contention that since his application for tentative approval for construction of a 101 unit PRD meets all articulated requirements of the applicable Ordinance, the application demands tentative approval with no further inquiry into public interest. Even if compliance with all requirements of the Ordinance does not mandate tentative approval, the Developer argues that the public interest objections made by the Board and Intervenors lack a genuine basis in law or fact, and thus offer no support to denial of the PRD application.

[285]*285Therefore, the issue before us is: under the MPC does compliance with all articulated requirements of a planned residential development ordinance mandate tentative approval of a PRD application and, if it does not mandate tentative approval, do the public interest objections in the particular case before us form a sufficient basis for denial of the application?

Our scope of review where the trial court takes additional evidence is limited to whether the trial court manifestly abused its discretion or committed an error of law. Porter Appeal, 28 Pa. Commonwealth Ct. 415, 368 A.2d 828 (1977).

First, we hold that the trial court erred in concluding that a PRD application that is in compliance with all articulated requirements of the applicable Ordinance automatically gains tentative approval. The lower court and Developer cited our decision in Doran Investments v. Muhlenberg Township Board of Commissioners, 10 Pa. Commonwealth Ct. 143, 309 A.2d 450 (1973), as supportive of the above erroneous conclusion. In Doran, we found nothing to justify the Muhlenberg Township Board’s refusal of tentative approval of a PRD application, which fully conformed to the Ordinance standards (as did the application in the instant case). The court in Doran rejected the board’s public interest reasons for denial of approval as being vague generalities, and it held that ‘ ‘this governing body in denying tentative approval to this conforming Article VII plan abused the discretion allowed it by the statutes.” (Emphasis in original.) Doran, supra, 10 Pa. Commonwealth Ct. at 159, 309 A.2d at 459. However, the court limited its holding in Doran to the conforming plan in that particular case, by this qualifying language,

[w]e do not decide that in no case may a conforming plan be denied tentative approval; for it is possible that the circumstances of a par[286]*286ticular matter might he so exceptional as to support the conclusion that the plan in one or more respects, stated ‘with particularity,’ would not be in the public interest.

Doran, supra, 10 Pa. Commonwealth Ct. at 159-60, 309 A.2d at 459.

Therefore, in the case before us, public interest objections must be stated with particularity and must be individually addressed by the reviewing court and may form the basis of a denial even though the PRD application fully complies with all requirements of the Ordinance, but only if the objections are of a very specific and exceptional nature and have legitimate basis in law and fact.

That conclusion leads us to examine whether one or more of the Appellants ’ enumerated public interest objections to the grant of tentative approval were exceptional and specific in nature and formed a sufficient basis for denial of tentative approval of the Developer ’s PRD application.

Inconsistency with Comprehensive Plan

We affirm our previous holding in Doran, supra, that inconsistency between the application and the comprehensive plan, standing alone, is not a sufficient basis for the denial of tentative approval. In Doran,. this Court stated that Section 703 of the MPC, 53 P.S. §10703, which provides that the Ordinance and every application for approval of a PRD “ ‘ shall be based on and interpreted in relation to the comprehensive plan’ ” does not mean that the Ordinance and application are to be controlled by the comprehensive plan. Id. at 154, 309 A.2d at 456. A comprehensive plan is not forever binding, nor does it actually regulate land use. It recommends desirable approaches to land utilization and development of a community, not all of which become legally enforceable in a zoning ordinance. “In other words, a comprehensive plan is ab[287]*287stract and recommendatory; whereas the zoning ordinance is specific and regulatory.” Morelli v. Borough of St. Marys, 1 Pa. Commonwealth Ct. 612, 617, 275 A.2d 889, 891-92 (1971). Inconsistencies with the Ben-zinger Township comprehensive plan, therefore, did not strike a fatal blow to the Developer’s application.

Departures from Township Zoning Ordinances

Departures from the township zoning ordinance have no significant bearing on the approval of the PRD application. A PRD application is not to be judged by the standards of the township zoning ordinance, for “ [i]t is the very essence of a planned residential development that it may diverge from zoning requirements.” Doran, supra, 10 Pa. Commonwealth Ct.

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Bluebook (online)
413 A.2d 743, 50 Pa. Commw. 281, 1980 Pa. Commw. LEXIS 1273, Counsel Stack Legal Research, https://law.counselstack.com/opinion/michaels-development-co-v-benzinger-township-board-of-supervisors-pacommwct-1980.