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APPEAL HARRY D. MILLER (01/29/85)

decided: January 29, 1985.

IN RE: APPEAL OF HARRY D. MILLER, JR., AND JEAN E. MILLER. HARRY D. MILLER, JR. AND JEAN E. MILLER, APPELLANTS


Appeal from the Order of the Court of Common Pleas of Delaware County in the case of In Re: Appeal of Harry D. Miller, Jr. and Jean E. Miller, No. 82-9985.

COUNSEL

Thomas E. Waters, Jr., Waters, Gallager & Trachtman, for appellants.

Sondra K. Slade, Pitt, Agulnic, Supplee, Johnson & Slade, for appellee, Township of Thornbury.

Judges Craig, Doyle and Senior Judge Blatt, sitting as a panel of three. Opinion by Judge Doyle.

Author: Doyle

[ 87 Pa. Commw. Page 255]

This is the appeal of Harry D. Miller, Jr. and Jean E. Miller (Owners) from the order of the Court of Common Pleas of Delaware County which dismissed Owners' appeal from the denial of their challenge to the substantive validity of the Thornbury Township Zoning Ordinance by the Thornbury Township Board of Supervisors (Township).

[ 87 Pa. Commw. Page 256]

On March 17, 1982, Owners filed with the Township a Request for Hearing pursuant to Section 1004 of the Pennsylvania Municipalities Planning Code*fn1 (M.P.C.) and a proposed curative amendment pursuant to Section 609.1 of the M.P.C.*fn2 The basis of Owners' challenge was that the Township had failed to provide for its fair share of mobile home parks. The amendment proposed to cure this alleged deficiency by creating a new zoning district for mobile home park development.

On March 24, 1982, Owners submitted to the Township a survey of their 38.355 acre parcel of land, showing 36.249 acres shaded in red as the area to be rezoned. The survey gave no detail within the area, but it did include the location of the perimeter roads to the north (Locksley Road) and the east (Slitting Mill Road), as well as the names of the abutting landowners to the south and west.

A public hearing on the proposed curative amendment was held on May 24, 1982, and on July 6, 1982, the Township issued its decision denying Owners' challenge and refusing to enact the proposed curative amendment. On June 20, 1983, without taking any additional evidence, the Court of Common Pleas of Delaware County affirmed the decision of the Township.

Mobile homes are permitted in Thornbury Township only under Section 504 of its Zoning Ordinance as part of a Planned Residential Development (PRD). A PRD requires development of at least 100 acres of land at a maximum density of .4 units per acre. Mobile homes are permitted to make up no more than 10% of

[ 87 Pa. Commw. Page 257]

    the units in a PRD. Thus, in a one hundred acre PRD, for example, mobile homes could comprise no ...


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