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MONT-BUX v. TOWNSHIP CHELTENHAM (07/05/78)

decided: July 5, 1978.

MONT-BUX, INC.
v.
TOWNSHIP OF CHELTENHAM, APPELLANT



Appeal from the Order of the Court of Common Pleas of Montgomery County in case of Mont-Bux, Inc. v. Township of Cheltenham, No. 75-4458.

COUNSEL

John P. Gregg, with him Samuel H. High, Jr., and High, Swartz, Roberts & Seidel, for appellants.

Donald A. Semisch, with him Semisch & Der Movsesian, for appellee.

S. Gordon Elkins, with him, of counsel, Stradley, Ronon, Stevens & Young, for amicus curiae, Melrose Park Improvement Association.

Judges Crumlish, Jr., Mencer and Rogers, sitting as a panel of three. Opinion by Judge Mencer.

Author: Mencer

[ 36 Pa. Commw. Page 399]

The Township of Cheltenham has taken this appeal from an order of the Court of Common Pleas of Montgomery County directing its approval of the development plan of Mont-Bux, Inc., for the erection of a 15-unit apartment building. We affirm.

Mont-Bux owns property in Cheltenham Township which was zoned for multiple dwellings and offices at the time in question. Almost four years ago, in August 1974, Mont-Bux originally filed an application with the Township for the erection of an 18-unit apartment building. Hearings were held before the Township Planning Commission, the Public Works Committee, and the Commissioners, culminating in the Commissioners' vote to reject the plan on March 18, 1975. Some revision of the original plan had occurred during this period, including the reduction to 15 units, due, in part, to the opposition of the Melrose Park Civic Association.

On appeal, two hearings were held before the Court of Common Pleas. After the first, on July 20, 1976, Judge Lowe, remanded the case to the Commissioners for another hearing, particularly with respect to compliance with provisions of the subdivision ordinance dealing with surface water drainage and aesthetics. The Cheltenham Township Subdivision Ordinance of 1974 (Ordinance) provides, inter alia :

Section 223 -- Flood Control. Subdivision proposals and other new developments shall assure that:

[ 36 Pa. Commw. Page 400]

A. all such proposals are consistent with the need to minimize flood damage;

B. all public utilities and facilities, such as sewer, gas, electrical and water systems are located, elevated, and constructed to ...


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