- Lower Saucon Township zoning officials once again denied a resident challenge to landfill expansion plans
- Zoners also decided to forgo a substantive validity challenge hearing scheduled for Monday
- An August lawsuit states the landfill expanding would affect the health of nearby property owners and land
LOWER SAUCON TWP., Pa. — A resident challenge of rezoning plans for a potential expansion of the Bethlehem Landfill was denied Monday by Lower Saucon Township Zoning Hearing Board.
Bruce and Ginger Petrie of Redington Road — two of the appellants who in August filed a lawsuit against the landfill and Lower Saucon — were scheduled for a substantive validity challenge hearing pertaining to the most recent rezoning measure.
That lawsuit stated that properties near a proposed landfill expansion area would be subject to odors, air contaminants and property devaluation.
“The adoption of the aforesaid Ordinance imposes actual harm to property owners abutting or in close proximity to the 275.7 acres rezoned, affecting health, safety, and welfare of Appellants and the Lower Saucon Township community, as well as neighboring communities."Lawsuit challenging Lower Saucon Township ruling on Bethlehem Landfill expansion
“The adoption of the aforesaid Ordinance imposes actual harm to property owners abutting or in close proximity to the 275.7 acres rezoned, affecting health, safety, and welfare of Appellants and the Lower Saucon Township community, as well as neighboring communities,” the lawsuit reads.
The lawsuit states that the proposal violates the Donated or Dedicated Property Act regarding land that has been placed in the public trust.
It said a majority of the 275 acres proposed for expansion includes more than 200 acres protected by either scenic and conservation easements or a woodlands protection easement.
A timeline
Township zoning board solicitor George Heitczman highlighted a general litigation timeline for those at Monday's meeting.
He said the Zoning Hearing Board entered a deemed denial decision on Feb. 27 for a previous rezoning proposal.
The opposing party filed an appeal with Northampton County Court, and an argument was scheduled.
The substantive challenge was ongoing, though a previously filed procedural challenge saw a hearing and argument before the court, which led to a decision declaring the ordinance void.
That decision was countered by the landfill with another appeal to a higher court.
“The solicitor is recommending that the board once again forgo a hearing and issue a deemed decision in the latest substantive validity challenge."George Heitczman, Lower Saucon Township Zoning Hearing Board solicitor
A substantive challenge was scheduled pending the outcome of the higher court appeal. If the court overturned the decision on the substantive challenge, the case would proceed.
On Aug. 30, the township enacted the newest ordinance, establishing landfills and waste disposal uses as permitted by right, as opposed to the conditional use as was previously on the table.
The landfill on Sept. 6 discontinued its appeal to Commonwealth Court, letting the lower court decision remain in effect.
Bruce Petrie on Sept. 19 filed another substantive validity challenge, which was “basically the same challenge that had previously been filed,” according to Heitczman.
“The solicitor is recommending that the board once again forgo a hearing and issue a deemed decision in the latest substantive validity challenge,” Heitczman said on Monday.
Landfill attorney Maryanne Garber said that even though no hearing took place, her client reserved the right to challenge the jurisdiction of the township Zoning Hearing Board as it pertained to the recent substantive validity challenge.
