The Devil Is in the Details (and the Deemed Approval Deadlines)
To avoid luxurious lolling by local governments, the Legislature included mandatory deadlines in the Pennsylvania Municipalities Planning Code, 53 P.S. Section 10101 et seq. (MPC), which governs municipal regulation of zoning, subdivision and land development within the commonwealth. The MPC sets forth strict requirements for when and how municipalities make decisions on land use applications, in addition to how they communicate those decisions to the applicant.
June 20, 2024 at 11:20 AM
8 minute read
Land Use and PlanningNoted wordsmith Pennsylvania Supreme Court Justice Michael Musmanno articulated the rationale for the "deemed approval" concept in Pennsylvania land use law noting: "Without this kind of coercive determination, a board could effectively prevent the erection of needed structures through the simple process of luxurious lolling while spiders of inattention spin webs of indifference over pending public problems." To avoid luxurious lolling by local governments, the Legislature included mandatory deadlines in the Pennsylvania Municipalities Planning Code, 53 P.S. Section 10101 et seq. (MPC), which governs municipal regulation of zoning, subdivision and land development within the commonwealth. The MPC sets forth strict requirements for when and how municipalities make decisions on land use applications, in addition to how they communicate those decisions to the applicant. A failure to comply with these requirements may result in a deemed approval of the underlying application.
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