Appeal from the Order of the Court of Common Pleas of Allegheny County, in case of Jack Rees v. Board of Supervisors of Indiana Township and David Ravella, No. SA 705 of 1985.
Kevin F. McKeegan, Meyer, Unkovic & Scott, for appellant.
Allen L. Palmer, with him, Edward A. Gamble and David T. Mojock, Gamble, Verterano, Mojock, Piccione & Green, for appellee, Jack Rees.
Thomas L. Snyder, Eckert, Seamans, Cherin & Mellott, for appellee, Indiana Township.
Judges MacPhail and Doyle, and Senior Judge Rogers, sitting as a panel of three. Opinion by Judge MacPhail.
[ 99 Pa. Commw. Page 453]
David Ravella (Appellant) appeals from an order of the Court of Common Pleas of Allegheny County which sustained the appeal of Jack Rees from the denial of his application for tentative approval of a planned residential development (PRD) in Indiana Township (Township).
In September of 1985, Rees filed an application for tentative approval of a PRD pursuant to Article VII of the Pennsylvania Municipalities Planning Code (MPC), Act of July 31, 1968, P.L. 805, as amended, 53 P.S. §§ 10701-10711. Section 702 of the MPC, 53 P.S. § 10702, provides that "[t]he governing body of each municipality may enact, amend and repeal ordinances fixing standards and conditions for planned residential development." Pursuant to that authority, Article VI of
[ 99 Pa. Commw. Page 454]
Ordinance No. 123 of Indiana Township (Ordinance) was adopted.
The Rees plan would develop housing for senior citizens on 34 acres of land located in an R-2 district, an area designated by the Ordinance as appropriate for a PRD.
After the required public hearings were held, the Indiana Township Board of Supervisors (Board) refused to grant tentative approval on April 9, 1985. The Board made the following factual findings in support of its denial:
1. That the proposed sewage disposal plant is not acceptable because of a serious question as to the flow of Rawlins Run Creek which is not ...