Appeal from the Order of the Court of Common Pleas of Luzerne County in the case of Hart Realty Co., Inc. v. Wright Township Board of Supervisors, No. 1203-C of 1981.
Arthur L. Piccone, with him, Ronald V. Santora, for appellant.
Ronald D. Oley, for appellee.
Judges Blatt, Craig and Doyle, sitting as a panel of three. Opinion by Judge Blatt.
[ 73 Pa. Commw. Page 118]
The Hart Realty Co., Inc. (Hart) appeals from an order of the Court of Common Pleas of Luzerne County which affirmed a decision of the Wright Township Board of Supervisors (township). Hart's request that the township waive a condition of the subdivision approval granted by the township's planning commission was denied by the trial court.
The facts are not in dispute. In early 1976, Hart, a developer, proposed phases 1 and 2 of its subdivision plan known as "Hart Estates". On March 8, 1976, the supervisors passed resolution No. 170, which adopted phases 1 and 2 of Hart Estates, contingent upon Hart's installing temporary on-lot sewer systems and capped sewers*fn1 which eventually could be attached to a future line of the Mountaintop Area Joint Sanitary
[ 73 Pa. Commw. Page 119]
Sewer Authority (Sewer Authority). The condition that Hart install capped sewers was imposed in accordance with Section 10.03(2) of the township's Ordinance No. 64 (Ordinance) which provides that, in the event that the Sewer Authority's trunk line is planned but not constructed, then the developer must construct a complete capped sewer system, plus temporary on-lot systems when needed.
In the summer of 1976, Hart asked the planning commission to waive the requirement for the installation of capped sewers under Section 10.03(2), and to allow Hart to develop permanent on-lot sewers as permitted by Section 10.03(4) of the Ordinance.*fn2
The planning commission, however, denied this request in August 1976, noting that Hart Estates eventually would include nearly 250 homes and that the Sewer Authority intended to install a line to connect the new subdivision to its permanent treatment facility at Mountaintop Manor.
Later Hart withdrew its original application and submitted a new proposal to the planning commission, which apparently was the same as the original. The planning commission granted final approval on September 6, 1977, the said approval to last for two years, or until September 5, 1979, and to be contingent upon Hart's constructing roads and installing capped sewers within that two-year period.
When Hart failed to complete the construction and installation of the capped sewers within the two-year period, the planning commission withdrew its final approval of Hart's final plan on September 24, 1979. ...