54 Pa. Commw. 535 | Pa. Commw. Ct. | 1980
Opinion by
Montgomery Township has appealed from an order of the Court of Common Pleas of Montgomery County changing a condition imposed by the township to its approval of a land development plan filed by Franchise Realty Interstate Corporation for the construction of a McDonald’s restaurant. We affirm the court’s order.
The controversy centers on the provisions for ingress to and egress from the McDonalds, proposed to be erected at the northwest corner of the intersection of Route 309 and North Wales Road. The preliminary and final land development plans submitted by the developer proposed that only ingress should be permitted at Route 309 but that both ingress and egress should be permitted on North Wales Road. The township supervisors, after a hearing, refused approval of the plan, on the ground that both ingress and, egress at North Wales Road would constitute a threat to the public safety and welfare.
The developer appealed to the court below, which, after argument, remanded the matter for further hear
The township says that the lower court erred in striking down its restriction on traffic entering North Wales Road. Regardless of its general desirability, the restriction was beyond the township’s power to impose. First, a municipality may approve a land development plan, which conforms to its regulations, subject to conditions only if the conditions are accepted by the applicant. Section 508(4) of the Pennsylvania Municipalities Planning Code, Act of July 31, 1968, P.L. 805, as amended, 53 P.S. §10508(4); Board of Township Commissioners of Annville Township v. Livengood, 44 Pa. Commonwealth Ct. 336, 403 A.2d 1055 (1979). Where, as here, such conditions are not accepted by the applicant, the municipality is deemed to have rejected the applicant’s plan. Liven-good, id. at 341, 403 A.2d at 1057. As a rejection, the township’s decision clearly fails to conform to Section
The second ground upon which we rest our decision is that, just as a municipality may not withhold approval of a land development plan which conforms to its land development regulations, it may not condition its approval of the plan upon the developer meeting a standard not contained in its regulations. See Swinehart v. Upper Pottsgrove Township, 23 Pa. Commonwealth Ct. 282, 351 A.2d 702 (1976); County Builders, Inc. v. Lower Providence Township, 5 Pa. Commonwealth Ct. 1, 287 A.2d 849 (1972). As noted, the township has not directed this Court to any provision in its land development ordinance that would permit the township to impose conditions upon ingress and egress in a land development plan.
Finally, the township suggests that, in the event that we find that the court below did not err in strlk
Accordingly we enter the following order
Order
And Now, this 14th day of November, 1980, the order of the Court of Common Pleas of Montgomery County, No. 77-18155, is affirmed.
The failure of the township’s land development ordinance to provide authority for the regulation of ingress and egress in land development plans becomes more conspicuous when that ordinance is compared to provisions of the township’s zoning ordinance relating to Shopping Centers and Regional Shopping Centers specifically regulating ingress and egress.