Lyons Borough v. Township of Maxatawny

Summary

The Pennsylvania Commonwealth Court reviewed an appeal concerning the conditional approval of a final land development plan for a proposed 192-unit apartment complex in Maxatawny Township. The court held that the Township could not approve the final plan while conditions involving compliance with its zoning ordinance and subdivision and land development ordinance remained unresolved. The court reversed the Berks County Court of Common Pleas order affirming the approval.

Holdings

1. A municipality may impose conditions on approval of a final land development plan only when the conditions are acceptable to the applicant and fall within the municipality's lawful discretionary authority; it may not treat unresolved preliminary-plan requirements as conditions that postpone or undermine final approval.
2. The Township erred in approving the final plan because the plan admittedly had not complied with the Township's zoning ordinance and subdivision and land development ordinance.

Questions Presented

1. Whether the Township could conditionally approve the final land development plan while carrying forward unresolved conditions and review comments from the preliminary-plan approval.
2. Whether a final land development plan must comply with the Township's zoning ordinance and subdivision and land development ordinance before final approval may be granted.

Disposition

reversed