In the first of two cases relating to the subject property, the Commonwealth Court affirmed the decision of the Court of Common Pleas of Chester County affirming the London Grove Township Zoning Hearing Board’s (“ZHB”) denial of a variance to Delchester Developers (“Delchester”) to develop two adjoining properties.  The Court concluded that the ZHB had properly interpreted its zoning ordinance, that Delchester’s validity challenge of the Borough’s stormwater ordinance was not within the ZHB’s jurisdiction, and the Township’s “net out” provision was neither a violation of due process nor an illegal taking.

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