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Commission tables Penn Home & Farm side-lot plan; solicitor says unopened street requires formal vacation process
Summary
Penn Home & Farm's side-lot plan was tabled after the solicitor advised the owners to petition to vacate an unimproved 50-foot public right-of-way; applicant's belief that title passes by inaction was corrected by the township solicitor.
Penn Home & Farm LLC asked the Planning Commission to approve a side-lot addition that would involve Lot 2, a paper (unopened) 50-foot street previously dedicated but never opened. The commission tabled the plan May 7 and advised the applicant to petition the Supervisors to vacate the right-of-way before attempting to convey the street area to adjoining owners.
Tom Spears, representing Penn Home & Farm, said his counsel believed that failure to open a road within 21 years causes the property to revert to adjoining owners; Solicitor Gary Falatovich corrected that understanding: "The law in the state of PA states that the mere fact that a Municipality does not open an unimproved street does not constitute what the Supreme Court has called a de facto vacation." The solicitor explained the statutory process: owners must petition, the Supervisors must hold a public hearing with notice to adjacent properties, and if approved the Supervisors would adopt an ordinance vacating the right-of-way. The commission suggested submitting two similar petitions together if the applicant planned a second request for the lower portion of the property and recommended considering a time waiver because Supervisors must take action within statutory deadlines. Motion made by John Durco and seconded by Paul Holleran to recommend Tabling the plan making the informal comments mentioned above. Vote on the motion: John Durco, Paul Holleran, and Connie Mattei voted for the motion. Motion passed unanimously.
The commission emphasized that until a formal vacation and ordinance are adopted by the Supervisors, adjacent property owners do not hold title to the unopened portion of the right-of-way.
