In re Appeal of C&M Developers Inc.

49 Pa. D. & C.4th 71, 2000 Pa. Dist. & Cnty. Dec. LEXIS 116
CourtPennsylvania Court of Common Pleas, Bucks County
DecidedJune 30, 2000
Docketno. 98-05738-19-6
StatusPublished

This text of 49 Pa. D. & C.4th 71 (In re Appeal of C&M Developers Inc.) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Bucks County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Appeal of C&M Developers Inc., 49 Pa. D. & C.4th 71, 2000 Pa. Dist. & Cnty. Dec. LEXIS 116 (Pa. Super. Ct. 2000).

Opinion

DEVLIN SCOTT,

C&M Developers Inc. has appealed the decision of the Bedminster Township Zoning Hearing Board denying C&M’s substantive challenge to the validity of the Bedminster Township Zoning Ordinance. C&M claims that the zoning ordinance is constitutionally invalid because it imposes unreasonable and extreme restrictions upon the development of single-family detached housing in the township’s AP-Agricultural Preservation Zoning District. For the reasons discussed below, we deny C&M’s appeal and affirm the decision of the board.

[73]*73A review of the record and the board’s findings of fact reveals the following: C&M is the equitable owner of five tracts of land in Bedminster Township. The properties contain a total of 199.9 acres and are located between Applebutter, Log Cabin, Scott, and Smith School Roads. The properties are zoned AP-Agricultural Protection.

Bedminster is a rural, agricultural township. The township sits within a significant agricultural area of Bucks County. F.F., 47; Bedminster Township comprehensive plan 1996, map 3. In 1990, Bucks County produced $54 million of agricultural sales, which ranked the county as the thirteenth largest seller of agricultural products in Pennsylvania. Comprehensive plan, 27. By 1992, these sales had increased 15 percent to $62 million, twelfth largest amount in the Commonwealth. F.F., 45. Moreover in 1992, Bucks County ranked first in sod, floriculture, bedding plants, and foliage plants sales and second in nursery crops sales. The county also had the second most acreage of vegetables and sweet com in the Commonwealth, while ranking twelfth in overall agricultural acreage. Exhibit T-3; F.F., 46.

The township provided an apt description of its rural environment in its brief of appellee, Bedminster Township, in opposition to land use appeal. This description, which was uncontradicted by C&M and strongly supported by the board’s findings of fact and the record, stated the following:

“Bedminster Township has a total area of 19,303 acres. Of that total, 17,167 acres [as of 1990], are included in four land uses of a rural and agricultural character, including 5,178 in rural residential uses (dwelling on multi[74]*74acre lots of at least five acres), equaling 26.83 percent of the township’s total land area; 8,267 acres in active agricultural uses, equaling 42.83 percent of the township’s total land area; 944 acres in recreational uses, equaling 4.89 percent of the township’s total land area; and 2,778 acres vacant, equaling 14.39 percent of the township’s total land area. The total acreage in land uses of a rural and agricultural character total 88.94 percent of the township’s total land area, and is consistent with land uses of a rural community. [See Bedminster Township comprehensive plan 1996; exhibit T-16.]

“In 1990, Bedminster Township had the fifth lowest population density (number of people per square mile) in the Upper Bucks County Region as established by the Bucks County Planning Commission, which also represented the fifth lowest population density in Bucks County as a whole. [See exhibit T-21.]

“Between 1990 and 1997, the population of Bedminster Township increased by 141 people, representing an average of 16.11 people per year; and a percentage increase over that entire period of 3.1 percent, or an annual average of 0.44 percent. [See exhibit T-18; exhibit A-54.]

“Between 1990 and 1997, only 67 new residences were constructed in Bedminster Township, representing an average of 8.6 new residences per year; (sic) Between 1988 and 1998, only 83,721 sq. ft. of nonresidential land use was developed. There are no shopping centers or significant retail shopping opportunities in Bedminster Township. [See exhibit T-18; Bedminster Township comprehensive plan 1996.]

“All of the roads within the township, including those characterized as ‘arterial’ and ‘collecter’ roads, are two [75]*75lane, high crown rural roads with inadequate or no shoulders. Drainage improvements, where they exist, consist of open swales. All existing land uses, with the exception of a few residential subdivisions and an industrial part, take direct access from the township and state roads within the township. There is only one traffic light in the entire township, that on its border with Hilltown Township. There are no existing or proposed public transportation centers or facilities within Bedminster Township. There are no airports within Bedminster Township with the exception of a small, private landing strip. [See exhibit T-17; exhibit A-51; Bedminster Township comprehensive plan 1996.]” Respondent’s brief, pp. 7-8; see also, Appeal of Heritage Building Group Inc., 72 Bucks Co. L. Rep. 188 (1999).1

[76]*76On February 14, 1996 the township enacted Resolution 96-02 pursuant to section 609.2 of the Pennsylvania Municipalities Planning Code. This resolution declared the township’s then current zoning ordinance to be invalid and stated in part:

“[T]he Bedminster Township Board of Supervisors has determined that its current zoning ordinance is substantively invalid because of its failure to provide for cluster housing options or its failure to designate sufficient areas for mixed use developments, and because the lots sizes set forth in the current zoning ordinance may not be justified.”

At the time of this resolution, the only permitted form of residential development in the township was single-family detached dwellings on 80,000 square foot lots. The zoning districts that allowed this form of development covered the large majority of the township.

On August 12,1996, at the end of the six-month moratorium period provided to the township under section 609.2, the township amended its zoning ordinance by adopting ordinance no. 118. This ordinance eliminated several zoning districts and created a new “AP-Agricultural Preservation zoning district” which covers approximately 90 percent of the township. This ordinance also expanded the R3 zoning district to accommodate the anticipated growth of demand for single-family, multifamily, and mobile homes within the township.

The AP zoning district was specifically established to preserve the township’s agricultural lands. Ordinance 118 sets forth two sets of restrictions within the district based on original lot size. Tracts of 10 acres or less can be subdivided into lots no smaller than 80,000 sq. ft. All of [77]*77the larger tracts, however, are deemed to be agriculturally significant, and their development is limited based on the soil types found within their boundaries. The soil types are separated into three categories of soil: prime farmland; farmland of statewide importance; and farmland of local importance. These categories are based on the soil classifications compiled by the United States Department of Agriculture, Soil Conservation Service. Under this ordinance, any plan to subdivide a tract containing areas of soil that fall into any of these three categories must allow for the permanent restriction from development and/or dedication to the township of 60 percent of the prime farmland and 50 percent of the farmland of statewide importance and/or farmland of local importance present on the tract.

Ordinance 118 also limits the size of the lots created out of the developable remainder of the tract to “one good acre” and requires a minimum building envelope of 10,000 sq. ft. on each lot.

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Bluebook (online)
49 Pa. D. & C.4th 71, 2000 Pa. Dist. & Cnty. Dec. LEXIS 116, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-appeal-of-cm-developers-inc-pactcomplbucks-2000.