A Governing Body's Authority to Condition Land Development Plan Approval

, The Legal Intelligencer


The Commonwealth Court recently rendered a decision in Lyons Borough v. Township of Maxatawny, 2015 Pa. Commw. LEXIS 310 (Pa. Commw. Ct. 2015), addressing the scope of a municipal governing body's authority under the Pennsylvania Municipalities Planning Code to impose conditions on a developer's final land development plan approval. The court's decision in Lyons is an important development because it significantly restricts the type of conditions a municipality may impose on a final land development approval, finding several conditions routinely imposed by municipalities at that stage to be improper.

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