Frackville Area Municipal Authority v. Zoning Hearing Board

OpiNiorr by

Judge Ceaig,

Frackville Area Municipal Authority appeals an order of the Court of Common Pleas of Schuylkill County affirming a decision of the Butler Township Zoning Hearing Board which denied the authority’s application for a “special exception and/or variance” to construct a wastewater treatment plant on a 7.8 acre site zoned “Woodland Conservation” under Butler Township’s zoning ordinance.

The board had initially denied the authority’s application on the ground that the authority had not obtained plan approval under the subdivision ordinance.1

On appeal, the common pleas court…