Kohr v. Lower Windsor Township Board of Supervisors

In Kohr v. Lower Windsor Township Board of Supervisors, 910 A.2d 152 (Pa. Cmwlth. 2006), the Court held that because the sewer planning process is separate from the subdivision process, there is no requirement that the sewer planning process be completed prior to preliminary subdivision plan approval. In Kohr, a landowner sought to divide 230 contiguous acres and submitted a sewer and water feasibility report. Although the landowner indicated an intent to operate a public sewer, the report discussed several other options for sewage disposal, including connecting to a neighboring municipality's existing system and using on lot septic systems. The township engineer did not reject the landowner's plan, but instead required the landowner to submit details of the proposed sewage management program, which it did. Ultimately, after revisions were submitted by the landowner, the township rejected the preliminary subdivision plans. The rejection was based, in part, on deficiencies in the waste water system plans. The Court held that there is no requirement that the sewer planning process be completed before granting a preliminary approval. The Court held that the township should have granted preliminary subdivision approval conditioned upon DEP approval of the Act 537 planning module. The Court observed that the sewer planning process is a separate process from the subdivision approval process; there is no requirement that the sewer planning process be completed prior to the granting of preliminary subdivision plan approval, only that the process be commenced. Reversing the denial of preliminary subdivision plans, the Court held that the township should have approved the landowner's preliminary subdivision plan conditioned upon the landowner securing all required permits for final plan approval.