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Quarry

  • <strong>Blasting will occur 1-2 times/week</strong>. Dust will deposit over several miles.
  • <strong>Geryville Materials proposing 628+ acre Quarry</strong> situated at the intersection of West Mill Hill Road and Kings Highway.
  • <strong>Blast Vibrations Can Be Felt for a Large Distance</strong> The noise and vibration can damage historical homes in the area.
  • <strong>Quarry is one of most dangerous industrial operations</strong> Many injuries and deaths reported each year.
  • <strong> Geryville Materials wants Asphalt Plant</strong> More environment and traffic problems will result.
  • <strong> Geryville wants concrete mixing plant </strong>Noise from crushers and trucks will pose economic hardships on residents

Geryville Materials Legal Effort to Force Quarry

Geryville Materials wants to built one of the biggest quarries in PA but it does not conform with Lower Milford Township's Zoning Ordinances. It has embarked on a complex, multiyear legal challenge to invalidate our ordinances. It claims our ordince is illegal and has filed a Curative Amendment to chance the ordinance to permit their destruction of West Mill Hill. It has been denied. The filed a landuse plan with the Planning Commission but it was not accepted. It filed an application to operate a quarry with DEP. It has been deferred until zoning issues are resolved. It has filed multi applications with the Zoning Board for a conditional use to operate a quarry. Two of these are still being heard by the Zoning Board.

This legal wrangling has gone on since 2004. This section explains some of the legalities and summarizes the progress of the legal attempt to destroy Lower Milford Township

 

HomeLegal StuffBackground & Definitions

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Zoning Board Hearings on Quarry Delayed

The Zoning Board Hearings regarding the application to build a quarry at West Mill Hil has been postponed until there is a resolution of the appeal of the Commonwealth Court of the Planning Commision decision. The Township has appealed the decision and LMRA has joined in the appeal. Since the decision has a important influence on how both parties will proceed, it was agreed to wait to see what the outcome will be before proceeding.

justiced

The challenge to the Township from Geryville Materials is based on many legal niceties. To understand the legal aspects, one needs to understand the legal basis. This section defines legal terms and provides the boundaries that are being questioned by Geryville Materials.

The issue is pretty clear. What is the balance that a Township & its residents be forced to accept between the economic interest of developers (and in a way, the state) and environment and quality of life that is so important to the residents and the viability of the Township?

 

What is a Curative Amendment?

Curative Amendment (General)

  • The curative amendment allows a land owner to challenge a municipality's zoning ordinance, on the basis that it does not provide for all uses or for a reasonable share or mix of a specific use or uses, and suggest a "cure" as an amendment to the zoning ordinance.
  • The cure may be accepted, revised, or rejected.
    • The developer or landowner with standing may appeal the municipality's decision to the County Court of Common Pleas. If the county court may grant the developer site specific relief that permits the developer to use the land for the purpose that the curative amendment requested despite the municipality's zoning ordinance.


Landowner curative amendment:

  • A landowner who desires to challenge on substantive grounds the validity of a zoning ordinance or map may submit in writing a curative amendment
  • The governing body shall consider the curative amendment in accord with procedures specified in Section 609.1 [Pennsylvania Municipalities Planning Code] and other sections referenced therein
  • The governing body may accept the curative amendment, with or without revision, or may adopt an alternative amendment to cure the defect(s)

Municipal curative amendment

  • If a municipality determines its zoning ordinance is substantively invalid, it shall declare such invalidity and prepare and enact a curative amendment in accord with procedures specified in Section 609.2 [Pennsylvania Municipalities Planning Code]
  • Upon initiation of a municipal curative amendment, the municipality is not required to entertain any landowner curative amendment
  • After enactment, a municipality may not again use these procedures for 36 months (there are exceptions)
Read more: What is a Curative Amendment?

Please Help us

LMRAYou membership helps pay for our legal defense. Also, strong community support is notice  to Geryville Materials that we will not permit destruction of our Township.

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