Naylor v. Township of Hellam

Summary

The Supreme Court of Pennsylvania held that the Municipalities Planning Code does not authorize a municipality to impose a temporary moratorium on subdivision and land development while revising its zoning and subdivision ordinances. The court reversed the Commonwealth Court and directed Hellam Township to review the appellants’ applications under the ordinances in effect when the applications were filed. A dissent argued that the moratorium was implicitly authorized by the broad purposes and powers granted under the Municipalities Planning Code.

Holdings

1. The Municipalities Planning Code does not grant a municipality the power to impose a temporary moratorium suspending subdivision and land development while the municipality revises its zoning and subdivision ordinances. That power is distinct from, and not incidental to, the power to regulate land development.
2. The pending ordinance doctrine does not apply to subdivision or land-development plan submissions governed by section 508(4) of the MPC. The applications must be reviewed under the zoning and subdivision ordinances in effect when they were filed.

Questions Presented

1. Whether the Pennsylvania Municipalities Planning Code or the Second Class Township Code expressly or implicitly authorizes a municipality to impose a temporary moratorium on subdivision and land development while revising its zoning and subdivision ordinances.
2. Whether the pending ordinance doctrine permits Hellam Township to reject subdivision and land-development plan submissions based on ordinances pending when the applications were filed.

Disposition

reversed