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PACE RESOURCES v. SHREWSBURY TOWNSHIP PLANNING COMMISSION AND SHREWSBURY TOWNSHIP BOARD SUPERVISORS (05/23/85)

decided: May 23, 1985.

PACE RESOURCES, INC., APPELLANT
v.
SHREWSBURY TOWNSHIP PLANNING COMMISSION AND SHREWSBURY TOWNSHIP BOARD OF SUPERVISORS, APPELLEES. SHREWSBURY TOWNSHIP PLANNING COMMISSION AND SHREWSBURY TOWNSHIP BOARD OF SUPERVISORS, APPELLANTS V. PACE RESOURCES, INC., APPELLEE. PACE RESOURCES, INC., APPELLANT V. ZONING HEARING BOARD OF SHREWSBURY TOWNSHIP, APPELLEE



Appeals from the Orders of the Court of Common Pleas of York County in the case of Pace Resources, Inc. v. Shrewsbury Township Planning Commission and Shrewsbury Township Board of Supervisors, Zoning Appeals Nos. 79-S-1034, 79-S-1187, 79-S-1188, 81-S-266, and 81-S-277, dated August 31, 1983, and in the case of Pace Resources, Inc. v. Shrewsbury Township Planning Commission and Shrewsbury Township Board of Supervisors and Zoning Hearing Board of Shrewsbury Township and Shrewsbury Township, Zoning Appeals Nos. 79-S-1034 and 81-S-277, dated March 12, 1984.

COUNSEL

Donald L. Reihart, Laucks & Monroe, for appellant/appellee, Pace Resources, Inc.

Gilbert G. Malone, for appellant/appellee, Shrewsbury Township Board of Supervisors.

Judges Craig and Colins and Senior Judge Blatt, sitting as a panel of three. Opinion by Judge Colins. Judge Williams, Jr. did not participate in the decision in this case.

Author: Colins

[ 89 Pa. Commw. Page 470]

In this appeal, we must determine whether Section 402 (approval of on-lot water systems) of the Shrewsbury Township (Township) Subdivision and Land Ordinance is void for vagueness and whether an amendment to that ordinance which rezoned a 39-acre tract from "industrial" to "agricultural" constituted discriminatory zoning.

In 1965, Pace Resources, Inc. (Pace)*fn1 purchased a 145.61 acre tract of land in the Township. Pace developed preliminary plans to subdivide this land and create an industrial park, to be known as Southern Industrial Park. At the time of the purchase and initial development of the subdivision plans, Shrewsbury Township had neither a zoning ordinance nor a comprehensive plan.

Pace divided its land into 47 lots and submitted a preliminary subdivision plan to the Township. The Board of Supervisors approved this plan on April 2, 1973. Pace submitted and later received final plan approval for several of these lots.

In November of 1976, the Township adopted its first Comprehensive Plan and its first Zoning Ordinance. Pursuant to this ordinance, Pace's entire tract was zoned "industrial".

[ 89 Pa. Commw. Page 471]

Pace resubmitted a preliminary subdivision plan for lots 28 through 40 and 44 through 47, in December of 1978. In addition, Pace submitted a "preliminary/final"*fn2 plan for lots 3 through 5, 7 through 16, and 41 through 43.

On January 9, 1979, the Board of Supervisors met with the Township solicitor and zoning officer to conduct a review of the Township's Zoning Ordinance and Comprehensive Plan. As a result of this meeting, several proposed zoning amendments were prepared by the solicitor and submitted to the York County Planning Commission, including a proposal to rezone 37 acres of Pace's land to "agricultural".

The Board of Supervisors met on February 7, 1979, and, after reviewing Pace's subdivision plan for the above-mentioned lots, presented Pace with a list entitled "Defects in Final Plan Subdivision by Southern Industrial Park." Pace requested and received a continuance to allow it to correct the enumerated defects. On March 7, 1979, at a joint meeting of the Planning Commission and the Board of Supervisors, Pace resubmitted its subdivision plan, which again was rejected. Formal written notice of the rejection and the reasons therefor were mailed to Pace on March 8, 1979. The crux of the Board of ...


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