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Ruf v. Buckingham Township

In case involving the submission of a subdivision plan for approval, the Township Board of Supervisors abused its discretion in refusing to grant the applicants' request for waiver of certain requirements of the Township Subdivision and Land Development Ordinance, because it disregarded the recommendations of the Township civil engineer and Public Works Director, who considered the peculiar physical conditions of the subject property.

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Argued: October 5, 2000

Buckingham Township (Township) appeals from an order of the Court of Common Pleas of Bucks County that reversed the decision of the Township Board of Supervisors (Board) rejecting the revised subdivision plan submitted by John F. and Susanne Ruf. We affirm.

The Rufs are the owners of a 5.04-acre parcel of land (subject property) located in the Township’s AG-1 Agricultural zoning district, in which a detached single-family dwelling is permitted by right under Section 501.A of the Township Zoning Ordinance (Zoning Ordinance). On May 19, 1994, the Rufs obtained a building permit to construct a detached single-family residence on the subject property. On May 17, 1995, the Rufs submitted a subdivision plan with the Township, proposing to subdivide the 5.04-acre parcel into two lots: a 2.623-acre lot for their residence under construction (Lot No. 1), and a 2.421-acre lot for another detached single-family dwelling (Lot No. 2).

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