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FRANCIS ROSANELLI v. QUAKERTOWN BOROUGH COUNCIL AND QUAKERTOWN BOROUGH PLANNING COMMISSION (06/18/79)

decided: June 18, 1979.

FRANCIS ROSANELLI, APPELLANT
v.
QUAKERTOWN BOROUGH COUNCIL AND QUAKERTOWN BOROUGH PLANNING COMMISSION, APPELLEES



Appeal from the Order of the Court of Common Pleas of Bucks County in case of Francis Rosanelli v. Quakertown Borough Council and Quakertown Borough Planning Commission, No. 77-7982-08-5.

COUNSEL

David M. MacFarlan, with him Charles S. Wilson & Associates, for appellant.

William T. MacMinn, with him Williams and Schildt, for appellee.

Judges Wilkinson, Jr., Blatt and DiSalle, sitting as a panel of three.

Author: Per Curiam

[ 43 Pa. Commw. Page 420]

Francis Rosanelli (Appellant) sought to erect six twin-home units and one single-family dwelling on 2.04

[ 43 Pa. Commw. Page 421]

    acres of land in Quakertown Borough. He submitted a subdivision and land development plan for approval to the Quakertown Planning Commission. This plan was rejected on July 11, 1977. Thereafter, on August 3, 1977, the Quakertown Borough Council (Council) also rejected the proposed plan. Appellant was then informed of Council's decision by letter. This letter read, in pertinent part, as follows:

The Quakertown Planning Commission has recommended rejection of the plan for the following reasons and Borough Council concurs:

1. Does not comply with present subdivision ordinance in that units are not situated on dedicated streets.

2. No curbs or sidewalks have been provided for.

3. The entire subdivision lies entirely within the 100 year flood plain.

4. The plan submitted is not a workable plan and adverse effects will be caused to other property ...


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