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APPEAL DANIEL W. KLOCK FROM LOGAN TOWNSHIP ZONING HEARING BOARD. DANIEL W. KLOCK (06/03/80)

decided: June 3, 1980.

IN RE: APPEAL OF DANIEL W. KLOCK FROM THE LOGAN TOWNSHIP ZONING HEARING BOARD. DANIEL W. KLOCK, APPELLANT


Appeal from the Order of the Court of Common Pleas of Blair County in case of In Re: Appeal of Daniel W. Klock from the Logan Township Zoning Hearing Board, No. 433 C.P. 1979.

COUNSEL

John P. Mason, with him Lois Reznick, Dechert, Price & Rhoads, for appellant.

David P. Andrews, Patterson, Evey, Routch, Black & Behrens, with him Benjamin I. Levine, Jr., Levine and Reese, for appellee.

Paul S. Foreman, for intervenors.

Judges Wilkinson, Jr., Craig and Williams, Jr., sitting as a panel of three. Opinion by Judge Craig.

Author: Craig

[ 51 Pa. Commw. Page 642]

Daniel Klock, the owner of the land involved, has taken this appeal from a decision of the Court of Common Pleas of Blair County which affirmed an action

[ 51 Pa. Commw. Page 643]

    of the Zoning Hearing Board of Logan Township (board) rejecting the owner's request for a variance to allow the installation of a private sewage treatment plant in order to permit development of land for single-family dwellings in conformity with the requirements of the R-1 residential zoning applicable to the location.

With the exception of the one matter noted below, there is no substantial dispute in the facts developed before the board, with the lower court taking no additional testimony.

The land consists of two parcels directly across a public road from each other, in an area of the township where, according to uncontradicted testimony submitted by the owner, public sewers do not exist and are not likely to be available for a decade. Because a 1975 percolation test conducted on the first parcel, four acres in size, revealed a water table and soil type unsuitable for septic tanks, the Blair County Sanitary Administrator denied the owner's application for that mode of sewage disposal. Accordingly, the owner has developed plans to provide sewage service for nine dwellings immediately proposed for the first parcel (and, he testified, for future dwellings on the second parcel), by means of a small sewage treatment plant on the larger second parcel, which abuts a creek available for the discharge of treated effluent. To that end, the owner has obtained the initial effluent discharge permit from the Pennsylvania Department of Environmental Resources (DER) and has also received approval from DER and the township of a planning module to include his plant in the Township Sewage Facilities Plan.

Of course, the single-family dwellings permitted by the zoning ordinance cannot be used, and therefore could not be constructed, unless some proper ...


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