The filing of a mandatory sketch plan for a municipal development project entitles a developer to consideration of the plan and any future zoning applications under the ordinance in effect when the plan was filed, the Commonwealth Court has ruled in an issue of first impression.

A unanimous three-judge panel ruled July 6 in Board of Commissioners of Cheltenham Township v. Hansen-Lloyd that the Municipalities Planning Code creates a vested right for developers to have pending plans considered, regardless of any changes in zoning law that would affect a developer's pending application.

“So long as a land development application is pending, the applicant is entitled to a decision in accordance with the provisions of the governing ordinances or plans as they stood at the time the application was duly filed,” Judge Michael H. Wojcik wrote for the court. “This protection naturally extends to decisions regarding zoning relief where such relief is a necessary part of the land development plan.”