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SUBDIVISION AND LAND DEVELOPMENT PLAN: WAIVER/MODIFICATION BY MUNICIPALITY.

Ruf v. Buckingham Twp., 765 A.2d 1166 (Pa. Commw. January 11, 2001).
Note: Distinguished by Soliday v. Haycock Twp, 785 A.2d 139

A municipality is permitted by the MPC to grant modification of the requirements in its subdivision and land development ordinance if literal enforcement will exact undue hardship because of peculiar conditions of the land. In this case the township denied the subdivision plan, rejecting among others, requested waivers concerning widening of the road along the property and reduction of storm water runoff.

The Commonwealth Court found that the waivers should have been granted due to the unique grade and contours of the land in question. The court found these conditions to be peculiar physical conditions that precluded the developer from reasonably implementing the requirements of the ordinance. The township engineer and public works director had approved the alternate improvements but the Township had refused the requested waivers. While the court does not usually substitute its judgment for that of the municipality in this case it found that the totality of the evidence gave no support for the rejection.

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