Agenda - Planning Commission - 10/15/2015

Home

Zoning Bulletin September 10, 2015 1 Volume 9 1 Issue 17 expansion of property's prior use Citation: Huckleberry Associates, Inc. v. South Whitehall Township Zoning Hearing Bd., 2015 WL 4253848 (Pa. Commw. Ct. 2015) PENNSYLVANIA (07/15/15)—This case addressed whether township zoning ordinances requiring a zoning permit for land use change from a surface mine and quarry to a solid waste recycling facility were superseded by state law—Pennsylvania's Noncoal Surface Mining Conservation and Reclamation Act. The case also addressed whether the change of use amounted to a natural expansion of the property's prior use and was thus permitted. The Background/Facts: Huckleberry Associates, Inc., Haines and Kibblehouse, Inc., and Lehigh Valley Site Contractors, Inc. (together, "Huckleberry") owned more than 63 acres (the "Property") in South Whitehall Township (the "Township") in a rural holding zoning. district ("RH District"). From the 1950s through 1996, Huckleberry operated a noncoal surface mine and quarry at the Property. In 1996 and again in 2000, Huckleberry and the Township entered into settlement agreements, resolving litigation regarding the extent and legality of the mining and quarry operations at the Property. Under the terms of the 2000 Agreement, among other things, Huckleberry discontinued mining and quarry operations. In late 2012 and early 2013, Pennsylvania's Department of Environmen- tal Protection ("DEP") issued "Biosoil Permits" to Huckleberry to construct and operate a composting and biosoil-production facility. In April 2013, the Township cited Hucklebeny for violations of the Town- ship's zoning ordinance for, among other things: failure to obtain a zoning permit to change the use of the Property from a surface mine and, quarry to a solid waste recycling facility; and operating a solid waste recycling facil- ity, which was a nonpermitted use in the RH District. Huckleberry appealed to the Township's Zoning Hearing Board ("ZHB"). Hucldebeny argued that the zoning ordinances were preempted by Pennsylvania's Noncoal Surface Mining Conservation and Reclama- tion Act. Huckleberry asserted that it did not violate the ordinance by pro- ducing biosoils at the Property without first securing a zoning permit because the process by which biosoils were produced was preempted by state law. Huckleberry also argued that its solid waste recycling facility was a natural expansion of the Property's prior, nonconforming use as a surface mine and quarry. The ZHB denied Huckleberry's appeal, finding Huckleberry violated the Township's zoning ordinance. Huckleberry appealed to the trial court, which affirmed the ZHB's decision. Hucldebeny again appealed. DECISION: Judgment of Court of Common Pleas affirmed. © 2015 Thomson Reuters 3