Perry County panel grants waivers for Smith subdivision, approves plan subject to DEP approval

The Perry County Planning Commission on Jan. 28 granted multiple waiver requests for a preliminary subdivision plan for property associated with Scott and Melissa Smith and approved the plan on the condition the county receives written DEP approval.

The applicants proposed to split an existing parcel of roughly 4–5 acres, reserving about 1.396 acres around the existing house and creating a second building lot of approximately 3.991 acres behind it, using the existing driveway as access. Commission members voted to grant the six waiver requests that were listed for the item and then voted to approve the preliminary plan contingent on receipt of the Pennsylvania Department of Environmental Protection approval letter.

Why it matters: The waivers and the conditional approval let the subdivision move forward while the commission awaits the DEP documentation required for final recording. Commissioners raised concerns about long-term driveway maintenance and mortgageability without a formal maintenance or right‑of‑way agreement.

Commission discussion focused on access and easement clarity. Planning staff identified the waivers requested as standard for developments of this type: preliminary-plan procedures and specifications, bearings and distances for existing easements, a PennDOT highway occupancy permit (HOP) matter, grading and earthmoving plan requirements, and erosion‑/NPDES‑type plan approval. Staff noted that the existing driveways serve the lots and that PennDOT historically does not always require a new HOP for piggybacking on existing driveways unless a threshold number of trips is exceeded.

Commission members urged the applicants to record or otherwise provide a formal maintenance/right‑of‑way agreement between the parties that will share the private driveway, citing recurring problems lenders raise when an access arrangement is not documented. The applicants said they would accept a condition requiring DEP approval before the plan is recorded.

Commission action: The commission first voted to grant the listed waivers and then voted to approve the preliminary plan with a condition that county staff receive the DEP approval letter. The applicants indicated they would accept that condition and return final plan sets for stamping once the DEP approval is provided.

Next steps: County staff will hold the final plan stamping until the DEP approval is received and will follow typical recording steps once applicants supply the required documentation.