Town and Country Newspaper

Local News Article

Developer Files Legal Challenge Against New Hanover Township

Written by Russell Hessler, Correspondent
2013-02-13

A developer has filed a legal challenge in court against New Hanover Township.

At their Feb. 11 board of supervisors meeting, township officials were informed by Solicitor Paul Bauer that Wayne Rosen, of Magico, LLP, filed the challenge in Montgomery County Court concerning the Kingston Hill development phases 5, 6, and 7.

Magico is based in Willow Grove.

According to Bauer, the original plan, which was approved in 2004 and was located along Buchert Road near the intersection of Leidy Road, is for 105 single family homes. Rosen, though, wanted file a change to instead build 330 townhouses.

When approached with the proposed change, Bauer informed Rosen the township was not interested in changing zoning ordinances. Rosen then filed a challenge in county court claiming that the 2012 zoning ordinance change undertaken by the township was not done properly - including language that would exclude his proposed changes.

Bauer reassured township officials Monday that the zoning changes were completely legal and by the book. He also went on to say that he believes Rosen will end up dropping his challenge.

In other business, Township Manager Edward Wagner announced that the township is eligible for reimbursements from the Pennsylvania and Federal Emergency Management Agencies (PEMA and FEMA) for expenditures incurred as a result of cleanup that resulted from Superstorm Sandy. Wagner stated that the reimbursements will cover manpower overtime and resources/material used. In a related piece of business, the supervisors approved a resolution appointing Wagner as the township representative for this project.

Wagner also noted that the first meeting with PEMA and FEMA representatives is scheduled for Feb. 13 at the Montgomery County Department of Public Safety facility in Eagleville.

Also, the board approved a resolution to adopt the 2012 Montgomery County Hazard Mitigation Plan. According to Wagner, this will be useful for applying for future grants and storm-related reimbursements.

The board of supervisors voted to approve a motion to accept the resignation of Ken Hansell from the sewer authority board, effective March 1; and, along with that, voted to approve a motion to appoint Brian Hemingway as Hansell’s replacement, effective March 2, with that term expiring January 2018.

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