A developer has sued North Huntingdon over its rejection of a subdivision to build 49 single-family homes on a 37-acre parcel near the Altman Farms neighborhood, contending the township had no right to deny approval based on traffic and safety concerns.
Maronda Homes LLC of Robinson is asking a Westmoreland County Court judge to overturn the North Huntingdon commissioners’ Jan. 15 denial of its revised subdivision.
The vote was 4-3. Commissioners Jason Atwood, Fran Bevan, Eric Gass and Tom Hempel voted to deny the subdivision, while Zach Haigis, Richard Gray and Ron Zona favored it.
The township acknowledged in its Jan. 16 denial letter to Maronda Homes that the decision to reject the Enclave at Altman Farms subdivision was based on the increase in traffic and for safety concerns, even though the plan met all applicable township ordinances.
In seeking a decision reversal, Maronda Homes stated in its lawsuit the township’s decision was arbitrary, capricious and an abuse of discretion.
Maronda argued in the lawsuit the law does not allow the township to reject the subdivision based on concerns about traffic and general safety.
Township Manager Harry Faulk declined to comment on the lawsuit.
Maronda Homes applied to subdivide the Rhodin plan of lots in September, a year after the commissioners rejected approval in September 2023 to build 70-unit single-family homes on the parcel.
Maronda said it met all of the requirements for a housing plan on property zoned for residential purposes. The township planning commission recommended approval once a traffic study was presented that found no improvements or modifications were required.
Maronda contended in its lawsuit the four commissioners should not have denied approval of the subdivision because of the nsupported objections from neighboring property owners were an insufficient to deny approving a subdivision that meets the township’s requirements.
Gass said at the Jan. 15 meeting the commissioners have every right to deny the approval of the subdivision, which he said presents major safety issues.
Gray stated, however, the property owner has a right to develop their land.
Residents living near the proposed housing development attended several township meetings to raise their objections to the housing plan, saying increased traffic would make their neighborhood unsafe.
Police Chief Robert Rizzo said the housing plan would increase traffic. He said his department would need an officer in that area to enforce the speed limit and traffic calming measures likely would have to be instituted.