Timely Appeals Critical With Conditional DeadlinesOctober 2010 – Newsletters In the Zone
In Coventry Park LLC, et al. v. Robinson Township Board of Supervisors, the Commonwealth Court, in an unpublished opinion, confirmed an applicant is entitled to final subdivision plan approval if the final subdivision plan depicts the same layout as in the “deemed approved” preliminary subdivision plan.
In this case, the applicant obtained a deemed approval of its preliminary subdivision plan. The final subdivision plan was then denied by the Board of Supervisors, as determined by the board, because (1) the plan did not properly depict future phases in compliance of township ordinances, (2) the plan was substantially different from the preliminary plan, (3) the plan did not properly depict the location of an intermittent stream and (4) the length of the proposed cul-de-sac was in violation of township ordinances. Citing to a Commonwealth Court case from 1993, Annand v. Board of Supervisors, the court held the “final plan need only to be the same plan as the deemed-approved preliminary plan with the additional engineering details required by the subdivision ordinance.”
This case sheds light on an interesting concept when a preliminary subdivision or land development plan is deemed approved. That is, if the applicant requested waivers in the submission of the preliminary plan and such preliminary plan was deemed approved, then the waivers are deemed approved and an applicant need not request those same waivers when submitting the final plan.
We all should be so fortunate as to be able to obtain at least one “deemed approval” of a subdivision or land development plan in our lifetime.
For more information, please contact Robert W. Gundlach, Jr. at 215.918.3636 or [email protected].