Mountain Village v. Board of Supervisors

874 A.2d 1, 582 Pa. 605, 2005 Pa. LEXIS 1011
CourtSupreme Court of Pennsylvania
DecidedMay 16, 2005
Docket69 MAP 2004
StatusPublished
Cited by27 cases

This text of 874 A.2d 1 (Mountain Village v. Board of Supervisors) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Mountain Village v. Board of Supervisors, 874 A.2d 1, 582 Pa. 605, 2005 Pa. LEXIS 1011 (Pa. 2005).

Opinion

OPINION

Justice NEWMAN.

In this case, we determine whether a municipality that incurred legal fees in 1998 in reviewing a land development plan can pass those costs on to the project applicant. For the reasons that follow, we find that the municipality cannot assess its legal fees to the developer and, as a result, we affirm the Order of the Commonwealth Court, which reversed the Order of the Court of Common Pleas of Berks County (trial court) and remanded the matter to the trial court for entry of summary judgment in favor of Mountain Village.

*608 FACTS AND PROCEDURAL HISTORY

Appellee Mountain Village is a Pennsylvania limited partnership. It owns and operates the Mountain Village Mobile Home Park, which is located in Longswamp Township, Berks County. On June 5, 1998, Mountain Village filed an application with Appellant, the Board of Supervisors of Longswamp Township (Township), for a 110-unit expansion of the mobile home park. 1 In accordance with its application, Mountain Village also filed a preliminary land development plan on that same date, pursuant to the Longswamp Township Subdivision and Land Development Ordinance.

On June 9, 1998, the Township Manager sent Mountain Village a letter that contained the following fee schedule:

Application Fee 500.00
Per Lot Review ($50.00 x 110 lots) 5,500.00
Storm Water calculation review 500.00
Total $6,500.00

Mountain Village paid this $6,500.00 fee.

In September and October of 1998, Mountain Village presented its plan to the Township, which rejected it on October 13, 1998. On November 13, 1998, the Township Manager sent Mountain Village an invoice, as follows:

Invoices for Hanover Engineering 5,964.58
Invoices from Richard L. Orwig, Esq. 14,070.00 Total 20,034.58
Pre-paid fees 6,500.00
Total due to Township $13,534.58

Richard Orwig, Esq. is the Solicitor for the Township, and Hanover Engineering Associates, Inc. (Hanover) is the Township Engineer.

The Township had enacted a Resolution regarding fee schedules, which provided:

WHEREAS, Longswamp Township is billed by its professionals on a monthly basis; and ...
*609 WHEREAS, because of inadequate plan quality often multiple reviews are necessary; and
WHEREAS, the taxpayers of Longswamp Township should not be financing development----
NOW THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
Should the cost of reviewing the Subdivision and/or Land Development exceed the amount of the plan review fee which the Developer has paid to the Township, the Developer shall pay to the Township, immediately upon request, the additional required fees to complete the review of the Subdivision and/or Land Development plan in question.

Reproduced Record of Appellant (RR) at 99a-101a.

On November 19, 1998, Mountain Village sent the Township a Notice of Disputed Review Fees, which contested the fees of the Solicitor as not recoverable pursuant to Section 508 of the Pennsylvania Municipalities Planning Code (MPC), relating to the contents of subdivision and land development ordinances. In 1998, Section 508 provided as follows:

The subdivision and land development ordinance may include, but need not be limited to:
(1) Provisions for the submittal and processing of plats, including the charging of review fees, and specifications for such plats, including certification as to the accuracy of plats and provisions for preliminary and final approval and for processing of final approval by stages or sections of development. Such plats and surveys shall be prepared in accordance with the act of May 23, 1945 (P.L. 913, No. 367), known as the “Engineer, Land Surveyor and Geologist Registration Law,” except that this requirement shall not preclude the preparation of a plat in accordance with the act of January 24, 1966 (1965 P.L. 1527, No. 535), known as the “Landscape Architects’ Registration Law,” when it is appropriate to prepare the plat using professional services as set forth in the definition of the “practice of *610 landscape architecture” under section 2 of that act. Review fees may include reasonable and necessary charges by the municipality’s professional consultants or engineer for review and report thereon to the municipality. Such review fees shall be based upon a schedule established by ordinance or resolution. Such review fees shall be reasonable and in accordance with the ordinary and customary charges by the municipal engineer or consultant for similar service in the community, but in no event shall the fees exceed the rate or cost charged by the engineer or consultant to the municipalities when fees are not reimbursed or otherwise imposed on applicants.
(i) In the event the applicant disputes the amount of any such review fees, the applicant shall, within ten days of the billing date, bill, notify the municipality that such fees are disputed, in which case the municipality shall not delay or disapprove a subdivision or land development application due to the applicant’s request over disputed fees.
(ii) In the event that the municipality and the applicant cannot agree on the amount of review fees which are reasonable and necessary, then the applicant and the municipality shall follow the procedure for dispute resolution set forth in section 510(g) ....

Section 503 of the MPC, Act of July 31, 1968, P.L. 805, as amended, 53 P.S. § 10503(l)(i)(ii) (Section 503) (footnotes omitted and emphasis added). 2

*611 The dispute resolution mechanism that Section 503(l)(i)(ii) refers to is set forth at Section 10510, which is entitled “Release from improvement bond,” and provides that:

(1) In the event the applicant disputes the amount of any such expense in connection with the inspection of improvements, the applicant shall, within ten working days of the date of billing, notify the municipality that such expenses are disputed as unreasonable or unnecessary, in which case the municipality shall not delay or disapprove a subdivision or land development application or any approval or permit related to development due to the applicant’s request over disputed engineer expenses.

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Bluebook (online)
874 A.2d 1, 582 Pa. 605, 2005 Pa. LEXIS 1011, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mountain-village-v-board-of-supervisors-pa-2005.