The 2008 Ordinance contained a Preservation Overlay District, which specifically exempted developments with “multiple dwelling houses for the elderly.” Reproduced Record (R.R.) at 330a. The 2008 Ordinance further permitted age-restricted housing and clubhouse uses by special exception. The 2008 Ordinance also provided that the underlying zoning district shall not apply and that the Age Restricted Overlay District provisions shall supersede other requirements of the zoning ordinance that may be in conflict. Supplemental Reproduced Record (S.R.R.) at 50b59b.
Relevant Ordinances In 2008, the Township amended the Cheltenham Code by enacting a zoning ordinance that created an Age Restricted Overlay District in Cheltenham Township (2008 Ordinance). Upon review, we conclude the MPC creates a vested right for pending plans and affirm. under the ordinance in effect when the sketch plan was filed. In this case of first impression, we consider whether, under the Municipalities Planning Code (MPC),1 the filing of a mandatory sketch plan creates a vested right for consideration of the plan as well as any future zoning applications related thereto 1 Act of July 31, 1968, P.L. In granting the zoning relief, the ZHB applied the ordinance in effect when Developer filed its sketch plan, not the later-adopted ordinance in effect when it filed the application for zoning relief.
WOJCIK, Judge OPINION BY JUDGE WOJCIK FILED: JThe Board of Commissioners of Cheltenham Township (Township) appeals from an order of the Court of Common Pleas of Montgomery County (trial court) affirming a decision of the Cheltenham Township Zoning Hearing Board (ZHB), which granted Hansen-Lloyd, L.P.’s (Developer) application for special exception and other zoning relief to construct an age-restricted housing development on its property. 2016 : Argued: : HONORABLE MARY HANNAH LEAVITT, President Judge HONORABLE RENÉE COHN JUBELIRER, Judge HONORABLE MICHAEL H. IN THE COMMONWEALTH COURT OF PENNSYLVANIA Board of Commissioners of Cheltenham Township, Appellant v.
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