Perry County Planning Commission approves waivers for Lot 3 sketch plan after lengthy debate over private lane rights

The Perry County Planning Commission granted nine requested waivers and approved a Lot 3 sketch plan subject to receipt of Pennsylvania Department of Environmental Protection (PADEP) approvals and final plan changes after an hourlong debate over use of a long-standing private lane.

Commissioners and staff described a private lane that serves multiple cabins and farm uses on a hillside in Jackson Township. Staff recommended that the plan include a note preventing further subdivision that would add another unrestricted user to the private right-of-way unless the access is improved to township standards. “No further subdivision shall be permitted using the 30 foot proposed bridal right away shown here for access unless it is improved to meet requirements of Prairie County subdivision land development,” a plan note on the record said.

The central conflict was procedural: under the county subdivision ordinance, when an access way serves more than three dwelling units it generally must be improved to township/private road standards. Commissioners said the plan before them would add a dwelling unit and that, without a balancing reduction elsewhere, it could push the total users higher and thereby trigger improvements. Staff recommended that Lot 1 relinquish future rights to the private lane on the recorded plan so the net number of users would not increase.

Throughout the discussion, commissioners weighed practical farm uses (tractors and seasonal access), the effect of recorded deeds and historic use, and the difficulty of retroactively prescribing easements over preserved farmland. Staff noted they did not find an express recorded right-of-way in the deed records for much of the lane and cautioned that courts sometimes resolve long-standing access disputes that the planning commission cannot fix by plan approval alone.

The commission ultimately voted to grant the nine waivers listed on the plan and then approved the plan subject to documented PADEP approvals and the insertion of agreed plan notes requiring a maintenance agreement and clarifying the limits on future subdivision and access use. The motion passed by voice vote. The commission also directed staff to ensure the plan notes clearly state maintenance responsibilities and the condition that any future changes to stream crossings or driveway improvements will require appropriate permits before issuance of a building permit.