Lyons Borough and Lyons Borough Municipal Authority, Appellants
Township of Maxatawny, and Apollo Point, L.P. and Saucony Creek, L.P
Argued June 18, 2015.
Appealed from No. 13-17003. Common Pleas Court of the County of Berks. Judge Sprecher, J.
Joan E. London, Wyomissing, for appellants.
Matthew J. Cré me, Jr., Lancaster, for appellee Township of Maxatawny.
Sean E. Summers, York, for appellees Apollo Point, L.P. and Saucony Creek, L.P.
BEFORE: HONORABLE DAN PELLEGRINI, President Judge, HONORABLE BERNARD L. McGINLEY, Judge (P.), HONORABLE P. KEVIN BROBSON, Judge.
PELLEGRINI, PRESIDENT JUDGE.
Lyons Borough (Borough) and Lyons Borough Municipal Authority (LBMA) appeal the order of the Berks County Court of Common Pleas (trial court) denying their appeal of the Township of Maxatawny's (Township) approval of the Final Land Development Plan (Final Plan) submitted by Apollo Point, L.P. (Apollo Point) and Saucony Creek, L.P. (Saucony Creek) (collectively, Landowners) under the Pennsylvania Municipalities Planning Code (MPC) and the Township's Subdivision
and Land Development Ordinance (SALDO). We reverse.
This is the latest in a series of actions in which the Borough and LBMA are contesting Landowners' attempt to develop a 192-unit apartment complex on two contiguous parcels of property in the Township totaling approximately 37.7 acres zoned for multi-family housing. In December 2012, a Preliminary Land Development Plan (Preliminary Plan) was filed with the Township's Board of Supervisors (Board) to construct the complex composed of four buildings with two and four bedroom units, as well as a clubhouse. The plan included a sewage flow estimated by a consulting engineer of 26,942.96 gallons per day at full occupancy.
LBMA, the Township and the Township's Municipal Authority (Authority) entered into agreements under which the Authority would provide sanitary sewage collection and treatment and the Township purchased a total of 50,000 gallons of average daily flow into LBMA's treatment plant. At the time of preliminary approval, the Township was using a peak sewage flow of 21,150 gallons per day with a remaining available capacity of 28,850 gallons of flow per day. In December 2012, Landowners entered into an agreement with the Authority to use its remaining sewage flow capacity for the development.
In March 2013, the Board granted conditional approval of the Preliminary Plan subject to 161 conditions relating to: compliance with the sections of the SALDO relating to storm water management; sanitary sewer system and water distribution system requirements; and compliance with additional zoning ordinance and SALDO requirements as well as additional required approvals by the Berks County Planning Commission (Planning Commission), the Berks County Conservation District ...