This blog features case law related to real estate, land use, zoning, and municipal law in Pennsylvania

Tag: sketch plan

MPC Section 917 Protection from Subsequently Adopted Ordinances Can be Extended by Zoning Ordinance

In this appeal from the denial of a mandatory sketch plan, the Commonwealth Court was asked to determine whether § 917 of the Municipalities Planning Code (“MPC”) imposes an absolute 6-month deadline for acting upon a special exception approval to prevent subsequently adopted ordinance amendments from becoming applicable to the underlying project.  In reversing the decision of the Court of Common Pleas of Montgomery County, the Commonwealth Court found that the 6-month deadline was not absolute and could be extended by a municipality in its zoning ordinance.

Continue reading

Submission of SALDO Plans Created Vested Right to Review Under Then Applicable Zoning Ordinance

In this zoning appeal out of Montgomery County, the Commonwealth Court addressed whether, under the Municipalities Planning Code (“MPC”) the filing of a mandatory sketch plan created a vested right such that any future zoning applications had to be reviewed under the zoning ordinance in effect when the sketch plan was filed. In affirming the trial court’s decision, the Commonwealth Court concluded the MPC created a vested right which applied to both the then existing subdivision and land development ordinance (“SALDO”) and zoning ordinance.

Continue reading