Rejecting Final Plan After Preliminary Subdivision Plan Had Been Deemed Approved
In Annand v. Board of Supervisors of Franklin Township, Chester County, 160 Pa. Commw. 93, 634 A.2d 1159 (Pa. Cmwlth. 1993), a landowner with a deemed approved preliminary subdivision plan had the final plan rejected for the stated reason that it did not conform to the township's zoning ordinance.
This Court held that zoning was not a basis for rejecting a final subdivision plan, explaining as follows:
The Township erred in rejecting the final plan after the preliminary plan had been deemed approved.
To be approved, the final plan needed only to be the same plan as the deemed-approved preliminary plan with the additional engineering details required by the subdivision ordinance.
The final plan met this requirement and it should have been approved by the Board of Supervisors. Annand, 634 A.2d at 1161.