Copyright: ymgerman / 123RF Stock Photo
Copyright: ymgerman / 123RF Stock Photo

Before you rush to file a land development application with a municipality, make sure that the proposed work actually constitutes land development requiring municipal approval. In certain circumstances, municipal land development approval is not required.

For example, Pennsylvania courts have held that the construction of a roof over a previously-approved structure, such as a patio, does not constitute land development under the Municipalities Planning Code (“MPC”).  Per the Pennsylvania Commonwealth Court, land development typically involves a large tract of land being divided into smaller parcels for construction of residential or commercial buildings, which is the kind of large-scale development of land, “with an inevitable and concomitant effect on the public generally,” that is contemplated by the MPC.  The Commonwealth Court determined that a patio was only one component of a building, and construction of the roof over the patio is certainly not the type of “large-scale development of land” contemplated by the MPC. The construction of the roof would not increase parking, storm sewer needs, or sewer and water use at the building, nor would it change the amount of impervious surface, result in any increase of water runoff or sewage, increase parking areas, traffic or stormwater, or increase the square footage of the patio itself.  Mere construction of a roof over a previously-approved patio does not transform the patio, which would not otherwise require the submission and approval of land development plans, into a patio requiring such approval.

Similarly, the Pennsylvania Supreme Court has also determined that the construction of a billboard does not constitute land development within the meaning of the MPC.  The MPC, when viewed as a whole, clearly is intended “to apply to the allocation of land in such a way that issues related to public use, water management, sewers, streets and the like must be addressed.” The construction of a billboard, like raising the roof of an existing building or constructing a roof above a previously-approved structure, does not give rise to concerns relating to sanitary sewer, water, storm water management, parking, driveways, roadways, curbs and sidewalks, and does not increase the footprint, square footage, necessary parking, curbing, sidewalks, sewer, water, or stormwater relating to any existing buildings or structures. Because of these factors, this type of work should not constitute land development.

Therefore, the construction of a roof over an already-paved surface, or other similar work with no effect on issues such as public use, stormwater management, sewers, streets, parking or expansion of building size, may not require municipal land development approval.