Stevens v. Huntington Township

4 Pa. D. & C.4th 518, 1989 Pa. Dist. & Cnty. Dec. LEXIS 86
CourtPennsylvania Court of Common Pleas, Adams County
DecidedNovember 30, 1989
Docketno. 88-S-599
StatusPublished

This text of 4 Pa. D. & C.4th 518 (Stevens v. Huntington Township) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Adams County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Stevens v. Huntington Township, 4 Pa. D. & C.4th 518, 1989 Pa. Dist. & Cnty. Dec. LEXIS 86 (Pa. Super. Ct. 1989).

Opinion

KUHN, J.,

Plaintiffs filed a complaint in mandamus against Huntington [519]*519Township seeking a “deemed approval” of a proposed plan and for variance requests.

FINDINGS OF FACT

(1) Plaintiffs are John L. and Charlotte M. Stevens, husband and wife, who reside at 936 Five Points Road, New Oxford, Pennsylvania.

(2) Defendant is Huntington Township, a second class township, in Adams County, Pa.

(3) Plaintiffs are the owners of a tract of real estate containing 0.7 acres, acquired January 1985, and located at the comer of Pennsylvania Route 234 and Wireman’s Mill Road in Huntington Township. The parcel is triangular in shape.

(4) The real estate is improved with a two-story frame and log dwelling and outhouse.

(5) The dwelling has no electrical, heat, water or sewer services.

(6) On August 24, 1987, Mr. Stevens attended a regular meeting of the Huntington Township Planning Commission and presented a plan showing the property and proposing placement of a mobile home and separate workshop at the western and widest portion of the property.

(7) Mr. Stevens was advised by the commission to approach the township supervisors for a variance regarding lot size, budding set-back lines and the number of principal buildings.

(8) On September 10,1987, Mr. Stevens attended a regular meeting of the Huntington Township supervisors and presented his plan and a letter seeking variance of the minimum lot size from 40,000 square feet to approximately 30,500 square feet (0.7 acres); of the 50-foot budding set-back line and for the log dwelling not be considered a principal budding because it would be only used for storage.

[520]*520(9) The supervisors voted to reject the variance request, however, no written notice of this action was sént to plaintiffs.

(10) On February 11, 1988, Mr. Stevens attended a regular meeting of the supervisors and requested a reconsideration of his variance request.

(11) The supervisors agreed to meet at the site to study the situation.

(12) Approximately two weeks later Mr. Stevens and the supervisors met at the site.

(13) On April 14, 1988, Mr. Stevens attended a regular meeting of the supervisors, presented his plan and requested a reconsideration of his variance request.

(14) On April 14, 1988, the supervisors granted a variance for minimum lot size on the condition that plaintiff center the mobile home and remove the log dwelling within six months. The variance request for budding set-back and number of principal dwedings was rejected.

(15) No written notice of the April 14, 1988, action by the supervisors was forwarded to plaintiffs.

(16) The minutes of the August 24, 1987, planning commission meeting state that plaintiffs submitted a. “sketch” plan.

(17) Article VI of the Huntington Township Subdivision and Land Development Ordinance allows for submission of a “sketch” plan for consultation with the planning commission before submission of a preliminary plan.

(18) Article VII of the aforesaid ordinance sets forth the requirements for a preliminary plan.

(19) Plaintiffs’ plan did not meet the requirements for a preliminary plan in the fodowing respects: number of copies to be submitted; size of the plan; indication of north; date; topographical con[521]*521tour lines; name and address of developer; identity of adjoining owners; indication of engineer or surveyor; and no place for planning commission and supervisor signatures for approval or rejection.

(20) The supervisors believed plaintiffs were submitting a “sketch” plan for review.

DISCUSSION

Plaintiffs allege that they are entitled to a deemed approval of their proposal pursuant to section 508 of the Pennsylvania Municipalities Planning Code, 53 P.S. §10508, which provides, in pertinent part:

“§10508. Approval of Plats
“All applications for approval of a plat. . . whether preliminary or final, shall be acted upon by the governing body or the planning agency within such time limits as may be fixed in the subdivision and land development ordinance but the governing body or the planning agency shall render its decision and communicate it to the applicant not later than 90 days following the date of the regular meeting . . . next following the date the application is filed . . .
“(1) The decision . . . shall be in writing . . .
“(3) Failure ... to render a decision and communicate it to the applicant within the time and in the manner required herein shall be deemed an approval of the application in terms as presented . . . ”

The code defines a. “plat” as “the map or plan of a subdivision or land development, whether preliminary or final.” 53 P.S. § 10107. Plaintiffs clearly were not seeking subdivision, however, “land development”, is defined as “(1) The improvement of one lot ... for any purpose involving: (1) a group of two or more residential or non-residential buildings ...” 53 P.S. §10107.

[522]*522The Huntington Township Subdivision and Land Development Ordinance of 1979 similarly defines “land development” as:

“[The] improvement of one lot ... for any purpose involving (a) a group of two or more buddings ...” Article III, section 300(16).

Plaintiffs presented a map or plan of land development, as set forth in these definitions.

The principal issue is whether the plan submitted was a voluntary sketch plan not subject to the provisions of section 5Ó8 of the code, as the township contends, or whether it was a formal preliminary plan triggering the provisions of section 508, as plaintiffs contend.

The ordinance sub judice allows, but does not mandate, a three-step submission procedure for land development requests. The land developer is encouraged to prepare a sketch plan for purposes of generally illustrating and discussing the proposed project with the planning commission before incurring the time and expense of preparing a more formal preliminary plan. Section 601. An optional sketch plan submission would not trigger the provisions of section 508 of the code, Raccoon Mountain Inc. v. Perry County Planning Commission, 50 Pa. Commw. 613, 413 A.2d 1170 (1980), whereas a mandatory sketch plan requirement would trigger a deemed approval, Croft v. Board of Supervisors of Middletown Township, 76 Pa. Commw. 488, 464 A. 2d 625 (1980).

Plaintiffs suggest this case is controlled by Township of O’Hara v. DiSilvio, 51 Pa. Commw. 50, 413 A.2d 1174 (1980). There the landowners prepared tentative informal subdivision plans which were submitted to the planning commission for review. Having been advised that a variance would be necessary for the proposed right-of-way width they [523]*523submitted two more tentative plans and then finally filed a “preliminary plan of lots” which noted thereon the need for a variance.

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Related

Raccoon Mountain, Inc. v. Perry County Planning Commission
413 A.2d 1170 (Commonwealth Court of Pennsylvania, 1980)
Township of O'Hara v. DiSilvio
413 A.2d 1174 (Commonwealth Court of Pennsylvania, 1980)
Croft v. Board of Supervisors of Middletown Township
464 A.2d 625 (Commonwealth Court of Pennsylvania, 1983)

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Bluebook (online)
4 Pa. D. & C.4th 518, 1989 Pa. Dist. & Cnty. Dec. LEXIS 86, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stevens-v-huntington-township-pactcompladams-1989.