Jane M. Shields

London Grove Township recently thwarted the expansion of a local landfill-again. In a decision issued on May 5, 2006, the Commonwealth Court of Pennsylvania turned back the efforts of the Southeastern Chester County Refuse Authority (SECCRA) to expand its landfill by 37 acres. On appeal from an earlier decision, SECCRA had filed a challenge to the validity of London Grove Township's zoning ordinance and also sought a variance from the township's 40-foot height and 200-foot setback requirements, seeking a perimeter setback of just 100 feet and a maximum height of 140 feet.

SECCRA was unable to overcome the zoning hearing board's findings that SECCRA's expert was not credible, while the township's expert was credible on the issue of the ability to expand the landfill and comply with township zoning requirements. There were also findings that the township presented credible evidence that the proposed expansion would increase truck traffic, shorten the life of roads and increase the likelihood of accidents. The township also noted that the expansion would have a deleterious effect on a stream, an aquifer and wetlands near the landfill.

While this case raised several important legal issues, SECCRA ultimately failed to persuade the zoning hearing board that it needed relief to expand its operations. This decision highlights the importance of thorough preparation for zoning and land use hearings at the municipal level.

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