Appeal from the Order of the Court of Common Pleas of Bucks County in case of Warwick Land Development Corporation v. The Board of Supervisors of Warwick Township, No. 75-5753-08-5.
Richard D. Bank, with him Bank, Shor, Levin & Weiss, for appellant.
John W. Stahl, with him Peter A. Glascott, for appellee.
President Judge Bowman and Judges Crumlish, Jr., Kramer, Wilkinson, Jr., Mencer, Rogers and Blatt. Judge Kramer did not participate in the decision. Opinion by Judge Crumlish, Jr. Judge Kramer did not participate in the decision in this case.
[ 31 Pa. Commw. Page 451]
Warwick Land Development Corporation (the Developer) has appealed the decision of the Court of Common Pleas of Bucks County affirming the denial by the Board of Supervisors of Warkick Township (the Township) of the Developer's request for a curative amendment to the Township's Zoning Ordinance.
The Developer had sought to have its 275-acre tract, which was zoned for single-family residences on two-acre minimum lots, rezoned to permit construction
[ 31 Pa. Commw. Page 452]
of cluster-type townhouses with an average density of 4.5 units per acre.
We affirm the lower court.
Warwick Township is a predominately rural-agricultural region of central Bucks County encompassing approximately 12.4 square miles, or 7,936 acres. Though not actually a suburb of Philadelphia, it lies in an area which may properly be termed the "fringe" of the Philadelphia Metropolitan area and which, consequently, has begun to feel the pressure of the population expansion. In the 30-year period from 1920 to 1950, the population of the Township grew from 472 to 906. In the following 15 years, the population sprouted to 2170.*fn1
The history of land use planning in the Township goes back at least to 1947, when the Township enacted its Zoning Ordinance. Under that Ordinance, the Developer's parcel was zoned essentially as it is today. In 1957, the Township Planning Commission published a report summarizing its study of factors affecting present and future growth, in which it made various recommendations for changes in the Zoning Ordinance. In 1968 a 120-page Township Comprehensive Plan was adopted, followed by the completion in 1974 of the draft of a Comprehensive Plan for Bucks County. Both Comprehensive Plans made provision for high density residential development within Warwick Township; neither plan included the Developer's land in the area marked for high density. Under the Township's Plan, three-fourths to ...