Graham v. Zoning Hearing Board of Upper Allen Township

In Graham v. Zoning Hearing Board of Upper Allen Township, 520 Pa. 526, 555 A.2d 79 (1989), a preliminary subdivision plan was deemed approved by the township board of commissioners. After appeal, the plan was approved by the zoning hearing board with 10 conditions to ensure compliance with zoning requirements. At the time Graham was decided, Section 1007 of the MPC, 53 P.S. 11007, required parties aggrieved by a land development plan approval to appeal to the zoning hearing board, as opposed to the trial court, which is the current procedure. The Supreme Court held that in exercising its adjudicatory authority under Section 1007, a zoning hearing board could approve or disapprove a plan under appeal; it could not impose conditions. The Supreme Count held that only the township supervisors could impose conditions while the plan was before them for review. The Supreme Court explained its reasoning as follows: Once a preliminary application has been approved, the application is entitled to final approval in accordance with the original preliminary application. Thus, final approval of a subdivision plan is automatic unless the final plan is different from the preliminary plan. Significantly though, 508(4) does permit the governing body to place conditions upon the approval of either the preliminary or final plan with the applicant's acceptance. Since 508 is specific in its requirement that defects in a plan be addressed by the governing body prior to either preliminary or final approval, it is clear that any question and restriction on the use or development of the property be considered by the governing body at the fact-finding phase of the procedure. Any zoning problems must be considered at the planning stage for the purpose of approving or disapproving the plan. Otherwise, the governing body would not have the required information to make an informed decision. The fact that any changes in zoning laws will not affect a pending application supports the conclusion that zoning plays an important role in determining whether to approve or disapprove a plan. Thus, 508 makes it quite clear that zoning issues should be resolved no later than the acceptance of the final plan by the governing body. Graham, 520 Pa. at 532, 555 A.2d at 81-82.