Over the next few posts we’ll be including some case summaries that may be helpful to you and your land development planning.
McGrath Construction, Inc. v. Upper Saucon Township Board of Supervisors, 1358 C.D. 2007 (Pa. Commw. Ct. 2008).
In McGrath, the Commonwealth Court, discussed the granting of approval of a plan conditioned on sewer service for the proposed development. Traditionally, where an outside agency’s approval is needed (i.e. for sewer service) a municipality must condition final approval of the development on obtaining the permit from that agency and not just deny the development plan. Here, however, the Court found that in order for the applicant to provide certification of sewer capacity (i.e. to get the outside approval) it had to engage in an adversarial process against the very Township reviewing the plan to change its ordinance. So, the Court determined the municipality was not required to condition approval of the plan on an amendment to the Act 537 Plan. As a result of this decision, municipalities and developers have additional considerations during the plan approval process about the conditions a Township may place on a plan approval.
For more information on how this case may affect your development, please contact our office.