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ALFRED T. KING v. PERKASIE BOROUGH ZONING HEARING BOARD (01/09/89)

decided: January 9, 1989.

ALFRED T. KING, JR., APPELLANT
v.
PERKASIE BOROUGH ZONING HEARING BOARD, APPELLEE



Appeal from the Order of the Court of Common Pleas of Bucks County in the case of Appeal of Alfred T. King, Jr. from the decision of the Perkasie Borough Zoning Hearing Board, No. 87-6207-03-5.

COUNSEL

Stephen A. Shelly, Hunn, Shelly & Samel, for appellant.

Donald B. Smith, Jr., Williams, Schildt & MacMinn, for appellee.

Carl N. Weiner, Hamburg, Rubin, Mullin & Maxwell, for intervenor, Gerald Souder.

Judges Doyle and Colins, and Senior Judge Barbieri, sitting as a panel of three. Opinion by Senior Judge Barbieri.

Author: Barbieri

[ 122 Pa. Commw. Page 512]

Alfred T. King, Jr. (Appellant) appeals the order of the Court of Common Pleas of Bucks County which affirmed the order of the Perkasie Borough Zoning Hearing Board (Board). The Board's order affirmed the decision of the Perkasie Borough Council (Borough) which approved the preliminary subdivision plan of Gerald Souder (Intervenor). We affirm the trial court.

Intervenor is the owner of a tract of land consisting of approximately 15.5 acres, of which some 14 acres are located in the Borough of Perkasie. The remaining acreage lies in a triangular piece at the rear of the tract within contiguous Hilltown Township. Behind Intervenor's property is a seven acre tract owned by Appellant which is also entirely in Hilltown Township.

In 1987, Intervenor filed a subdivision application with the Borough seeking to create the "Nob Hill" subdivision on his property. Under the plan, Intervenor's tract in the Borough of Perkasie would be subdivided into 25 residential lots and a stub street cul-de-sac would be constructed from the existing South Main Street at the front of the property to the rear of the tract in Perkasie Borough. The tract at the rear of the property in Hilltown Township would not be developed and would remain vacant. Moreover, the stub street would not extend through the Hilltown Township portion of the tract and connect up with Appellant's property in Hilltown Township, but would stop at the Borough of Perkasie boundary lines.

Section 164-19(H) of the Borough of Perkasie Subdivision and Land Development Regulations (Regulations) states that where a subdivision adjoins unsubdivided acreage, stub streets shall be provided to the boundary line of the adjoining property. Appellant intervened before the Borough contending that this regulation compels the Borough to order Intervenor to extend his stub

[ 122 Pa. Commw. Page 513]

    street across that portion of his unused property in Hilltown Township so as to provide access to Appellant's contiguous lot in Hilltown Township. The Borough declined to order Intervenor to construct streets in the next township as a condition for subdivision approval. The Borough granted preliminary approval of the Intervenor's plan on April 20, 1987. Appellant's appeal to the Board was dismissed after a hearing held on June 30, 1987.

The Board concluded that Section 164-1 of the Regulations only gave the Borough authority to control subdivision development within the boundaries of Perkasie Borough. The Board found that Section 164-22 of the Regulations limited the length of a stub street to 500 feet and this Regulation would be violated by extending the street through to Appellant's property in Hilltown Township. The Board also found that Appellant's property would not be landlocked by the construction of the new subdivision. Appellant's tract in Hilltown Township could be accessed by a private drive leading into the existing South Main Street in Perkasie Borough and by extending a street leading into another of Appellant's parcels in Perkasie Township which adjoins the tract in question. Intervenor also offered to sell Appellant ...


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