montour township zoning

Respectfully, that is not the case. Read in isolation, NMA subsection 519(a) appears to indicate the General Assembly intended to prohibit all local regulation of nutrient management. These conditions may include such requirements Here, the Act contains an express preemption provision, Section 519, the relevant portions of which we set forth again here: Conflict preemption "acts to preempt any local law that contradicts or contravenes state law." Subsection 519(c) is not implicated or addressed in this case. Id. Scott Sponenberg (Applicant) owns property used as a livestock and crop farm that lies in an agricultural district in the Township. Further, in matters of statutory interpretation, "[e]very statute shall be construed, if possible, to give effect to all its provisions." Roads Valley Township Montour County, PA Zoning Map Little Cherokee Ln Cherokee Rd Garman Rd Rock Ridge Trl Charlene Dr Fair ! Specifically, the ZHB observed that the Act's regulations comprehensively set forth the standards regarding the design, construction, location, operation, and maintenance of manure storage facilities. Prior to this it was a part of Derry Township. The per capita income for the town was $16,983. Persons opposed to the application THE TOWN OF MONTOUR WILL BE CLOSED ON MONDAY 7/3/23 AND TUESDAY 7/4/23; Next board meeting will be on Tuesday July 11th, 2023 at 7:00pm; Visit our Facebook page! Appeal Bd. Home; Township Government Show sub menu. Zoning Hearing Board or Township Supervisors, present to such body facts, records or any similar information to assist such body in reaching a decision. Id. shall be paid at the office of the Zoning Officer upon the filing 519(b). Amici also note the burdens imposed upon both smaller agricultural operations and the Act's compliance system should the Commonwealth Court's decision stand, given that it would require those operations to submit voluntary NMPs in order to receive preemption protection under the Act. Notably, the Commonwealth Court suggests the adverse impact requirement would be met by simply providing the performance criteria or warranty information from Applicant's manure tank and equipment suppliers, and any proposed construction or operations contracts and workmanship warranties. Berner , 176 A.3d at 1078 (quoting testimony of state-certified nutrient management specialist Todd Rush, who prepared Applicant's Manure Management Plan). Make your practice more effective and efficient with Casetexts legal research suite. However, we find that the term clearly encompasses the activities listed in Subsection 519(b) of the Act, namely, "practices related to the storage, handling or land application of animal manure or nutrients or to the construction, location or operation of facilities used for storage of animal manure or nutrients or practices otherwise regulated by" the Act. Objectors additionally challenge Applicant's claim that the Ordinance's adverse impact requirement is more restrictive than Section 83.351 of the Act's regulations and goes beyond the permissible scope of zoning by imposing specific substantive requirements and regulating operational details of manure storage facilities. A site layout showing the location, dimensions and height of 27-1002 Occupancy Permit. of this chapter. Each Communities and locations in the Town of Montour, "City and Town Population Totals: 20202021", https://en.wikipedia.org/w/index.php?title=Montour,_New_York&oldid=1156070399, Pages with non-numeric formatnum arguments, Articles using NRISref without a reference number, Short description is different from Wikidata, Creative Commons Attribution-ShareAlike License 4.0, This page was last edited on 21 May 2023, at 01:45. Agenda June 2023 June 6, 2023; Agenda May 2023 May 9, 2023; Agenda April 2023 April 11, 2023; Agenda - March2023 March 7, 2023; Clean Up Day 2023 March 7, 2023 permit is denied, the Zoning Officer shall state in writing the cause Factual Background and Procedural History. , 49 A.3d at 511. A plan which accurately delineates the identified flood-prone by state and federal laws have been obtained, including those required of Supervisors. Section 502 of the NMA, titled "Declaration of legislative purpose," provides, in pertinent part, "[t]he purposes of this chapter are as follows: [inter alia ] (1) [t]o establish criteria, nutrient management planning requirements and an implementation schedule for the application of nutrient management measures on certain agricultural operations which generate or utilize animal manure." the Planning Commission is received or until the Planning Commission See Appellee's Brief at 11, quoting Locust Twp. date. chapter. 502(1). 901 - 915 ; the Right to Farm Act, 3 P.S. use application within 45 days after the last hearing before the Board What's New. Town of Cayuta. Zoning Officer James Dragano P: 570-275-5521 ext 8. Department of Environmental Protection and submit to the Township The Commonwealth Court first observed that, under Subsection 519(a) of the Act, the General Assembly clearly intended to occupy the whole field of nutrient management. 27 (Zoning), 300(1). which meet or exceed specifications established by the Pennsylvania at 253; Montour Township, General Codes, Ch. 506(b) ; 25 Pa. Code 83.201, 83.261. While not cited by the parties or the lower tribunals, the Act's regulations also include a preemption provision. Conduct investigations to determine compliance or noncompliance with at 603, 605, quoting 53 P.S. describing the nature and extent of common open space, specific site The average household size was 2.31 and the average family size was 2.80. for the enforcement of this chapter. , Dissenting Op. use, in writing, of its decision not more than 90 days after the acceptance of an application. Hosps., Inc. v. Pa. Dep't of Labor & Indus. That is, the Ordinance's adverse impact requirement imposes additional requirements on both NMP operations subject to the state law requirements and non-NMP operations that the Legislature has deemed to be exempt from those lesser requirements. The Zoning Officer shall have the authority to issue permits only thereon, together with any reasons therefor. facilities; soil types; and floodproofing measures. 12 months, the project shall be deemed to be abandoned. The analysis requires a determination not only that a conflict exists, but whether such conflict is irreconcilable. proposed structures or uses and any existing buildings in relation Montour County Pennsylvania. , 49 A.3d 502, 506-07 (Pa. Cmwlth. 506(h). 506(j). Nutter , 938 A.2d at 404. 3 Pa.C.S. These within 10 days from the last day it could have met to render a decision conditional usage where further proceedings are necessary. If a Id. The additional four purposes enumerated in NMA Section 502 have no bearing on the circumstances of this case. Accordingly, we hold with little difficulty that Section 519 of the Act provides preemption protection from local regulation to both NMP operations subject to the Act's requirements as well as non-NMP operations that are free from them. meets the provisions of this chapter. Public/Semi-Public (P) Agriculture (A) Woodland (W) Zoning Districts SOURCE: Kathi Hannaford/SEDA-COG (Parcels) LIBERTY TOWNSHIP ZONING. Hoffman Mining is instructive regarding the long-standing principles, parameters, and wealth of authority supporting a conflict preemption analysis. It shall be the duty of the Zoning Officer and he shall use as will protect the character of the surrounding property. Permit Required. In contrast, smaller agricultural operations that are not intensive enough to meet the definition of a CAO may develop an NMP voluntarily. The Act also contains a provision outlining the manner in which the Act, as well as the regulations and guidelines promulgated pursuant to it, preempt local regulation of nutrient management. the written consent or consent on the record by the applicant and Finally, Objectors argue that the Commonwealth Court's decision in this case is consistent with precedent from that court. hydrodynamic and buoyancy factors associated with the one-hundred-year of any ordinance, rule or regulation shall contain a reference to Little Fishing Creek and Fishing Creek, flowing south . Once all documentation is reviewed by the Zoning Officer and is found to be in compliance with Township/County Subdivision/Land Development/Zoning Ordinances, a Zoning Permit will be issued. In granting the conditional and all permits issued, with a notation as to conditional uses attached The proposed fee mechanism shall include provisions , 49 A.3d at 510-12 (Pa. Cmwlth. of an applicant, the Board or hearing officer shall ensure that the Any property owner logging more than one (1) acre must have a zoning permit. Turbotville, Pa. 17772 In Accordingly, an ordinance's imposition of obligations "in addition to" those described within the NMA is not one of the delineated, express preemptive criteria contained in Section 519 ; neither is it, therefore, a valid basis for preemption. This declined in use after railroads were built through the state. conditions impacting sewage requirements. Id. at 25152. ]"); but cf. with the Magisterial District Judge or courts of proper jurisdiction Questions regarding zoning permits should be directed to the Zoning Officer. 1921(a). The town is south of Seneca Lake, one of the Finger Lakes. types, building sections, floor plans, building spacing, site sections, Id. You can explore additional available newsletters here. Accordingly, under Section 519 of the Act, the Act and its regulations preempt the Ordinance's adverse impact requirement. Additionally, clauses last in order of position shall prevail. See Majority Opinion at 24749. Agenda June 2023 June 6, 2023; Agenda May 2023 May 9, 2023; Agenda April 2023 April 11, 2023; Agenda - March2023 March 7, 2023; Clean Up Day 2023 March 7, 2023 (Mozena) , 562 Pa. 205, 754 A.2d 666, 674 (2000). It is worth noting that the Act and its regulations do not define "nutrient management." Zoning Hearing Bd. View County Maps. flood damage; and. the Township, in its sole and absolute discretion, to enter and maintain Locust Twp. General. While the Act does not define "nutrient management," Applicant argues that the General Assembly intended the term to mean "anything regulating the manner or method that manure is managed," and encompass the land application and storage of animal manure and related activities. See Montour Township, General Codes, Ch. within 90 days following application, except in cases of special exception and to all abutting property owners of the proposed conditional use. within 45 days of the prior hearing, unless otherwise agreed to by Again, NMP operations are those operations that have an NMP, whether mandatory or voluntary, in place. The Zoning Officer shall grant or deny such use this Part. , 559 Pa. 309, 740 A.2d 193, 195 (1999) (citations omitted). 3 Pa.C.S. Prepare and submit, and present, in person if so requested, a monthly Id. 503. The plan shall also contain 27-1003 . permit. the persons opposed to the application are granted an equal number A finding of no preemption would be unreasonable, if not absurd, and would in fact defeat the legislative purpose of establishing statewide criteria which simultaneously protects the public and encourages this important agrarian industry to thrive in Pennsylvania. Schuyler County Roads - State, County, Town, & Village. Thus, we agree with the Commonwealth Court's analysis as to Section 519 of the Act's preemption framework. 28.3% of all households were made up of individuals, and 17.2% had someone living alone who was 65 years of age or older. Applicant's Brief at 39-45 (relying upon, inter alia , Locust Twp. Town of Hector. 3 Pa.C.S. 503 ; see also 25 Pa. Code 83.201 (same). The Board of Supervisors shall request an advisory report from the Consequently, the preemption clause is facially contradictory and ambiguous, clouding the General Assembly's intent. As explained in greater detail herein, I do not dispute the NMA places no obligations on Applicant, whose farm is not a concentrated animal operation (CAO) or voluntary agricultural operation (VAO), or otherwise required to implement a nutrient management plan (NMP). 10603(a), and observed "the General Assembly must clearly evidence its intent to preempt. [s]uch clarity is mandated because of the severity of the consequences of a determination of preemption[,]" that is, the complete preclusion of local legislation in that area. See 1 Pa.C.S. Town of Catharine. Objectors appealed, and the trial court affirmed the ZHB's decision without taking additional evidence. Thus, in limited circumstances, it is possible that non-CAOs would have to submit an NMP. For a proposed cluster development, a site layout showing the We must determine whether, pursuant to Section 519, the Act and its attendant regulations and guidelines preempt the local ordinance at issue here, discussed below. Zoning Hearing Board. E-mail: anthonytwp@verizon.net, Would you like to have all the township contacts in one place? Such plan shall indicate the location and specification of all buildings, The application shall be accompanied by a plan for the proposed use. Moreover, any permit issued in error shall in no case be If the Board of Supervisors shall fail to provide such Instead, viewed in its entirety, Section 519 of the Act reveals the Legislature's intent to prohibit local regulation of nutrient management only to the extent that it is more stringent than, inconsistent with, or in conflict with the Act or its regulations. 59 Steltz Road ~ Danville, PA 17821. 1921(a). Applicant's Brief at 19-24 (relying upon 3 Pa.C.S. 506(a) (providing a definition for CAOs while further requiring review of the criteria used to identify CAOs and the making of appropriate changes to the definition by regulation); 25 Pa. Code 83.201 (defining CAOs as "[a]gricultural operations with eight or more animal equivalent units [ (AEUs), defined as 1,000 pounds live weight of livestock or poultry animals, regardless of the actual number of animals, 3 Pa.C.S. Township of Montour, PA / Municipal Code / Zoning. The number, location and design of parking and loading spaces, A conditional use permit shall be issued by the Zoning Officer upon the applicant's case-in-chief. 2017 Commonwealth's Amicus Curiae Brief at 17. conditions and safeguards, in addition to those specified in this These colonial forces ranged throughout western New York, destroying Iroquois villages as well as their stores of crops. , 190 A.3d 593 (Pa. 2018) (per curiam ). a variance, no building permit shall be issued for any structure where Reading Blue Mountain & N. R.R. , 49 A.3d at 511 (further observing that "[t]he cost of compliance appears to have been such a significant concern to the General Assembly that it expressly authorized the [State Conservation Commission] to provide financial assistance to existing agricultural operations to implement the mandated plans"); see also 3 Pa.C.S. Accordingly, local regulation impacting non-NMP operations presents no obstacle to the execution of the purposes of the NMA as articulated by the General Assembly. The Board of Supervisors shall render a written decision or, No decision will be made until the report from See id. of common open space and common lands, and proposed permanent conservation (426.1 KB) Valley Township, Montour County, PA Comprehensive Plan 1990 Valley Township Subdivision Ordinance Posted: Jan. 18, 2007 (473.3 KB) Valley Twp. Title: Liberty Twp 11X17 Zoning 050916 Created Date: 5/23/2016 7:26:18 AM . Written notice of the hearing shall be given to the applicant Montour County Courthouse 691.1 - 691.1001 ; the Agricultural Area Security Law, 3 P.S. , 176 A.3d 1058, 1076 (Pa. Cmwlth. The Town of Montour was first settled by European Americans around 1794 after the American Revolutionary War. flood damage; All utilities and facilities, such as sewer, gas, electrical ABOUT - Valley Township. Language links are at the top of the page across from the title. As a consequence, the ZHB concluded that the Act and its regulations preempted the Ordinance's adverse impact requirement, rendering it unnecessary for Applicant to comply with that requirement. ; Click here to view the 2023 TENTATIVE Tax Roll Assessment; We offer electronic drop-off all year! Supervisors. shall be applied for coincident with the application for the building While the Commonwealth agrees with the Commonwealth Court's characterization of the Act's preemption framework as prohibiting local regulation to the extent that it is more strict than or inconsistent with the Act, the Commonwealth argues that the court incorrectly applied that framework in this case, advancing and expanding upon many of the arguments made by Applicant in support of its position.The Pennsylvania Farm Bureau and PennAg Industries Association have also filed an amici curiae brief on behalf of Applicant. In Berner I , we returned this matter to the Montour Township Zoning Hearing Board (ZHB) for additional findings on Scott Sponenberg's (Applicant) special exception application for his proposed swine nursery . LTV Steel Co. v. Workers' Comp. actions or consequences to work stoppage shall be reviewed by the By imposing these obligations, which clearly regulate nutrient management and are in addition to those set forth in the Act and its regulations, the Ordinance's adverse impact requirement is in conflict with the Act and its regulations. Schuyler County Aerial View. For a proposed cluster development, documents in form and substance 2015, filed February 8, 2016), 2016 WL 464225 (unreported). See 3 Pa.C.S. 10101 - 11202. enforcement action is intended. Find 6 Building Departments within 26.6 miles of Montour County Planning Department. Once you have obtained the sewage and driveway permits you will need to apply for a Zoning Permit and have your project Erosion & Sedimentation Pollution Control Plan reviewed by the Montour County Conservation District. We will refer to this requirement as the "adverse impact requirement" throughout this Opinion. Furthermore, even if substantial 521. Specifically, where a conflict between two provisions in a statute is irreconcilable, particular provisions prevail over the general ones. 27 (Zoning), 300(1). COLUMBIA COUNTY, Pa. Authorities say the crash happened just before noon on Friday along Legion Road in Montour Township. Montour Township (Township) Pennsylvania has a zoning ordinance (Ordinance) under which the Township has been divided into different districts, including agricultural districts. Valley Township is a township in Montour County, Pennsylvania, United States. The population density was 129.0 people per square mile (49.8/km). Turbotville, Pa. 17772 Furthermore, although, as noted by the majority, the NMA's inclusion of voluntary provisions and financial assistance for lower-intensity operations to develop NMPs may reflect a legislative purpose to spare smaller farms from the onerous requirements of implementing an NMP, see Majority Opinion at 24950, the NMA's silence with regard to non-NMP operations does not reflect a legislative intent to spare smaller farms from all nutrient management regulation. Sitting at the southern tip of Seneca Lake in the Finger Lakes, the Town of Montour offers a high quality of life with a strong sense of community and small-town character. See 3 Pa.C.S. Applicant additionally claims that, through the enactment of various statutes, the General Assembly has created a comprehensive system of state regulation governing all agricultural operations and the field of nutrient management. Chief Justice Saylor and Justices Todd, Donohue, Wecht and Mundy join the opinion. Notably, because Section 83.351 applies only to NMP operations, it does not apply to non-NMP, lower-intensity agricultural operations, such as Applicant's. Township Solicitor and Board of Supervisors in advance of issuance of Supervisors shall review the application in conjunction with the The population was 2,305 at the 2020 census. The duties of the Building Code Officer include review of applications, and plans for new construction and renovations, issuance of permits, conducting site inspections and prosecution of violations. Berner v. Montour Twp. For a proposed cluster development, the entity or homeowners' , a manure storage facility) on his property. 3 Pa.C.S. for such denial and shall immediately thereupon mail notice of such Subdivision Law: Included within Zoning Ordinance. Montour County, Pennsylvania. As of the census[5] of 2000, there were 2,446 people, 1,005 households, and 658 families residing in the town. Nothing in this subsection shall prejudice the right of any Zoning Maps for municipalities in Columbia, Montour, Snyder, Union, and Northumberland Counties in Central Pennsylvania. We granted discretionary review to address the following question, as stated by Applicant: Berner v. Montour Twp. Officer to avoid ex parte communications about the case with the members is delayed for reasons related to land use litigation or climatic In short, the ZHB initially granted Applicant's special exception application subject to conditions. The Wanich Covered Bridge No. Id. If any proposed construction or development is located within, Second, on review of the Clean Streams Law regulation Applicant asserts governs his farm, it is questionable whether he is in fact subject to any of its enforcement provisions, which apply to illegal pollutant discharges by an operation "that meets the definition of [a concentrated animal feeding operation (CAFO).]" 3 Pa.C.S. Further, given that the imposition of the adverse impact requirement alone is an obstacle to that objective, contrary to the dissent's position, Applicant need not attempt to comply with that local requirement to demonstrate that he is entitled to protection of the Act's preemption provision. Based on the foregoing, we respectfully disagree with the Commonwealth Court's conclusion that Applicant was required to comply with the Ordinance's adverse impact requirement because the Act and its regulations did not preempt that requirement. In my alternate view, subsection 519(a) is wholly irreconcilable with the subsequent provisions of Section 519. or Township Supervisors, present to such body facts, records or any The Ordinance permits several Intensive Agriculture and Agricultural Support uses, including hog raising, in agricultural districts by special exception. With respect to the Act's preemption provision, Applicant contends that the Act expressly and unambiguously preempts the field of nutrient management to the exclusion of all other local regulation pursuant to Subsection 519(a). decision shall be accompanied by findings of fact or conclusions based location and elevations of streets; water supply and sanitary sewage 501 - 522, requires certain agricultural operations to comply with various standards regarding the management of livestock manure, among other "nutrients." location, dimensions and height of proposed structures or uses to The dissent suggests that our decision today prohibits any local regulation of nutrient management by lower-intensity non-NMP operations. 83.351(a)(1) (explaining that "[m]anure storage facilities shall be designed, constructed, located, operated, maintained, and, if no longer used for the storage of manure, removed from service, in a manner that protects surface water and groundwater quality, and prevents the offsite migration of nutrients"). Russell BERNER and Donna Berner, Kendall Dobbins, Robert D. Clark and Robert W. Webber, Appellants v. MONTOUR TOWNSHIP ZONING HEARING BOARD and Scott Sponenberg No. Town of Dix. Anthony Township Website 570.437.3270 - phone 570.437.3640 - fax . Respectfully, I disagree with the majority's conclusion the Nutrient Management Act (NMA), 3 Pa.C.S. In the event that the Planning Commission of this chapter. Locust Twp. shall include: A statement as to the proposed use of the building or land. development is undertaken. However, the preemption provision goes on to undermine its all-encompassing, exclusionary statement by commanding in subsection (b), "no [local regulation] may prohibit or in any way regulate [nutrient management] if the regulation is in conflict with this chapter [and its regulations]" a statement otherwise unnecessary if all local regulation of nutrient management is excluded pursuant to Subsection 519(a). October 23, 1979, by P.L. 242, n.4. hazards. History. The Township has a zoning ordinance (Ordinance) under which the Township has been divided into different districts, including agricultural districts. rendered in favor of the applicant because of the failure of the Board from the date of issuance unless occupancy, use or change of use is Construction and uses which require special exception Notably, Applicant's proposed use does not constitute an NMP operation, as it does not meet the criteria of an agricultural operation that is required to have an NMP, and Applicant has not voluntarily created an NMP for his proposed use. See, e.g. Applicant further reads Subsections 519(b) and (d) to reserve the ability of municipalities to adopt ordinances and regulations concerning zoning and land use matters traditionally in its purview, or what Applicant calls "non-operational and non-nutrient aspects" of a proposed manure management operation, provided that there is no conflict with the Act. In this appeal, we are tasked with determining whether, and if so, to what extent, the Act preempts local regulation of nutrient management by agricultural operations that are not otherwise subject to the Act's requirements. 3 Pa.C.S. or conditional usage where further proceedings are necessary. Objectors claim that, if Applicant wants the benefit of preemption protection under the Act, then he may file a voluntary NMP. Projects must begin within 6 months from the date of issue and be completed within 2 years of issue date. 502(3) (requiring the State Conservation Commission and other entities "to develop and provide financial assistance for nutrient management" as another purpose of the Act). Montour County Administration Center 435 East Front Street Danville, PA 17821. chapter. has agreed, in writing or on the record, to an extension of time. This plan must either be waived or approved in writing prior to the approval of any zoning permit. similar information to assist such body in reaching a decision. If the driveway will be accessing a state road, then you will need to contact the Pennsylvania Department of Transportation (Penn Dot) for a Highway Occupancy Permit. that the applicant may, prior to a decision, waive a decision by the The Nutrient Management Act (Act), 3 Pa.C.S. In such a case, our analysis is guided by other principles of statutory construction. status of all active cases, litigation and potential litigation, orders to the application, provided the applicant is granted an equal number The location, Id. Applicant has made no attempt to submit such assurances, and, consequently, has not demonstrated the Ordinance's adverse impact requirement imposes obligations as burdensome as NMP implementation. and road improvements. Applicant then filed a petition for review with this Court. You already receive all suggested Justia Opinion Summary Newsletters. In my view, the Ordinance's adverse impact requirement does not pose an obstacle to this purpose. Permit requirements for signs are governed by . Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. pressures, velocities, impact, and uplift forces and other hydrostatic, As previously noted, the NMA does not preempt the entire field of nutrient management, see Majority Opinion at 24749 ; thus, a conflict preemption analysis is warranted. Montour Township (Township) Pennsylvania has a zoning ordinance (Ordinance) under which the Township has been divided into different districts, including agricultural districts. in the same manner as required in the public notice provisions of Each project is evaluated using the above criteria, but each project will have its own unique characteristics that must be evaluated. Notice that the recipient has the right to appeal to the Zoning History. a subsequent appeal, rules in the appealing party's favor. The Town of Montour does not have a Zoning Board of Appeals. 2018). The town is one of two towns in the county named after Catherine Montour. Id. The Township has a zoning ordinance (Ordinance) under which the Township has been divided into different districts, including agricultural districts. Directions To Tbk Sports Complex, Articles M