Council of Middletown Township v. Benham

OPINION OF THE COURT

HUTCHINSON, Justice.

Appellant, the Council of Middletown Township, a second class township, appeals by allowance Commonwealth Court’s order affirming a Delaware County Common Pleas order granting preliminary approval to appellee’s planned residential development. This appeal presents two issues: (1) are all local zoning ordinances dealing with sewage and sewers invalid because of the General Assembly’s preemption of the field through legislation, and (2) what does the term “public sanitary sewer system” used in section 309.C.7 of the Middletown Township Zoning Ordinance…