Zoning Changes and Legal Filings

On September 19, 2023 residents filed a procedural due process challenged to the zoning ordinance adopted by Lower Saucon Township on August 30th.  Lower Saucon Township violated the due process requirements of the municipalities planning code when council majority limited hearing comments to 3 minutes, and refused hearing comments from any affected individuals, municipalities, or organizations that do not live or pay taxes in Lower Saucon Township.  The hearing also did not begin at 9am as advertised, and the procedures and conduct created a hostile environment for those attending.  

CRD-LST strongly supports these courageous residents in their fight to protect the rights of all!

In response to Lower Saucon Township’s adoption of a new ordinance allowing landfilling “as of right” on conserved land, residents filed a substantive challenge arguing the rezoning amounts to unlawful zoning including spot zoning, contract zoning, and violations against the PA Constitution.  These are just some of the arguments that residents claim should void the zoning ordinance. 

BREAKING CITIZENS FILE SUIT TO PROTECT THE FOREST FROM LANDFILL DESTRUCTION

MAY 8, 2023 COURT DECISION GRANTING PROCEDURAL CHALLENGE AND INVALIDATING LANDFILL EXPANSION ORDINANCE AMENDMENT.

Order-and-Statement-of-Reasons-FILED-5.8.23

Substantive Zoning Board Hearing Appeal

The complete Zoning Hearing Board Validity Appeal filed on January 17, 2023 can be downloaded at the link above.

Zoning Changes Approved by Township on 12/21/22

  • Make landfills a Conditional Use instead of a Special Exception. This means the Landfill doesn’t need Zoning Hearing Board approval for landfill use.
  • All previous environmental protections would be removed. Allows the Landfill to pay money in exchange for expanding rather than dedicate other land of equivalent environmental value for Open Space.
  • Eliminate the Township’s site plan approval process for landfill uses.

Final Zoning Ordinance Amendment

The full text of the Zoning Ordinance Amendment, Ordinance 2022-2, as adopted by the Township is linked at: https://ecode360.com/laws/LO1675 under the heading Ord. No. 2022-02.

Land Use Appeal

https://www.lstlandfillexpansion.org/wp-content/uploads/2023/01/land-use-appeal.pdf

On Friday, January 13, 2023, citizens of Lower Saucon Township filed an appeal against Lower Saucon’s rezoning of 275 acres of land. You can download the file here and read it. Click the Download button below.

Brief in support of appeal to void zoning ordinance for failure to comply with notice requirements and exhibits 

BRIEF-IN-SUPPORT-OF-LAND-USE-APPEAL

EXHIBIT-APPENDIX