Hanson Aggregates Pennsylvania Inc. v. College Township Council

75 Pa. D. & C.4th 255, 2005 Pa. Dist. & Cnty. Dec. LEXIS 370
CourtPennsylvania Court of Common Pleas, Centre County
DecidedOctober 25, 2005
Docketno. 2004-4423
StatusPublished

This text of 75 Pa. D. & C.4th 255 (Hanson Aggregates Pennsylvania Inc. v. College Township Council) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Centre County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hanson Aggregates Pennsylvania Inc. v. College Township Council, 75 Pa. D. & C.4th 255, 2005 Pa. Dist. & Cnty. Dec. LEXIS 370 (Pa. Super. Ct. 2005).

Opinion

BROWN JR., P.J,

Presently before the court is a land use appeal filed by appellant Hanson Aggregates Pennsylvania Inc. Hanson currently owns and operates a limestone quarry on a 322-acre site in College Township, Centre County, known as the “Oak Hall Quarry.” Hanson has acquired an option to acquire a 42.2-acre portion of a 70.5-acre tract owned by Richard Tressler and Sue Tressler adjacent to the current southern boundary of the Oak Hall Quarry. Hanson proposes to have changed the designation of the zoning district of the acquired Tressler property from agricultural to rural residential in order to laterally expand the Oak Hall Quarry.

PROCEDURAL BACKGROUND

Hanson submitted a rezoning request to the College Township Council in October 2001, which was amended by Hanson in February 2002 and November 2003. After a decision by the council to postpone any action on the amended rezoning request, Hanson resubmitted the rezoning request on November 26, 2003, in the form of a substantive challenge to the validity of the existing zoning ordinance and requested College Township adopt a curative amendment to its zoning ordinance. The proposed curative amendment incorporates the provisions of Hanson’s October 2001, February 2002 and November 2003 rezoning requests. From January 2004 to June 2004 six public hearings were held in this matter. On September 23, 2004, the council issued its decision rejecting the curative amendment and upholding the validity of the zoning ordinance.

[257]*257Appellant filed a notice of land use appeal on October 25, 2004. Oral arguments were held on September 30, 2005. Both parties have submitted briefs. Appellant has also filed a reply brief and a reproduced record.

FINDINGS OF FACT

This court adopts the findings of fact of the College Township Council.

Reproduced record, pp. 5a-34a.

DISCUSSION

When the court receives no additional evidence, as here, its scope of review is limited to determining whether or not the council committed a manifest abuse of discretion or committed an error of law. Centre Lime and Stone Co. Inc. v. Spring Township Board of Supervisors, 787 A.2d 1105, 1108 (Pa. Commw. 2001) (citing Valley View Civic Association v. Zoning Board of Adjustment, 501 Pa. 550, 554, 462 A.2d 637, 639 (1983)). Council abuses its discretion when its findings of fact are not supported by substantial evidence. Id. at 555, 462 A.2d at 640.

“Substantial evidence” is relevant evidence which a reasonable mind may accept as adequate to support a conclusion. Id. “Determinations as to the credibility of witnesses and the weight to be given to evidence are matters left solely to the board in the performance of its fact-finding role.” Borough of Youngsville v. Zoning Hearing Board of the Borough of Youngsville, 69 Pa. Commw. 282, 287, 450 A.2d 1086, 1089 (1982).

[258]*258“[A] zoning hearing board must render an opinion delineating sufficient findings to support its conclusions in order to provide for meaningful review.” Id. at 286, 450 A.2d at 1089. “[Findings of fact are not required if the board’s opinion provides an adequate explanation of its resolution of the factual questions involved,... and if it sets forth the board’s reasoning in such a way as to demonstrate that its decision was reasoned and not arbitrary.” Id. (citation omitted)

The College Township Zoning Ordinance establishes an agricultural district within the township to, in sum, protect and preserve agriculture. See Code of the Township of College, chapter 200, article IV, section 200-17(A)(1) through (7). Under the ordinance, quarrying and mining are not permitted within the agricultural district. See Code of the Township of College, chapter 200, attachment 3. Quarrying and mining are permitted, however, within the rural residential district. See Code of the Township of College, chapter 200, attachment 5. Hanson’s curative amendment requests rezoning of two parcels: (1) the first, a 41.83-acre portion of the Tressler property, from agricultural to rural residential, and (2) the second, a 62.5-acre tract owned by Hanson, from rural residential to open space. Hanson’s curative amendment would also provide for a right of first refusal to College Township to acquire the Oak Hall Quarry site, or portions of the quarry property, for open space or recreational purposes upon completion of mining activities.

In the curative amendment, Hanson alleges the College Township zoning ordinance fails to provide for “reasonable mineral development” within the municipality, [259]*259as required by section 603(i) of the Pennsylvania Municipalities Planning Code. See 53 P.S. §10603(i). Specifically, Hanson questions the council’s determination that approximately 7.1 percent of the land in College Township (approximately 850 acres of the township’s total acreage of 12,000) is currently zoned for mining and/or quarrying. Hanson contends that, in fact, only 640 acres of undeveloped land within the township have recoverable mineral reserves suitable for asphalt and concrete production and, of this land, six acres are located within a rural residential district (representing 0.94 percent of the available land).

“In challenging the validity of a zoning ordinance, a landowner may present a de jure or a de facto challenge . . . that the ordinance . . . excludes a proposed use.” Centre Lime and Stone Co. Inc., 787 A.2d 1105, 1110-11 (Pa. Commw. 2001). (citation omitted) “In a de jure challenge, the landowner alleges that the ordinance totally excludes a proposed use.” Id. at 1111. In a de facto challenge, however, “the landowner alleges that the ordinance on its face permits the proposed use, but does so under such conditions that the use cannot in fact be accomplished.” Id. Thus, in the case at bar, Hanson is mounting a de facto challenge, because, in fact, mining and/or quarrying is permitted in specified districts of College Township.

To determine whether a zoning ordinance results in a de facto exclusion of surface mining and quarrying, this court must conduct a “fair share” analysis. Centre Lime and Stone Co. Inc., 787 A.2d 1105, 1111 (Pa. Commw. 2001). (citation omitted) This “fair share” analysis in[260]*260volves consideration of the unique facts and circumstances of each individual case. See Waynesborough Corporation v. The Easttown Township Zoning Hearing Board, 23 Pa. Commw. 137, 141, 350 A.2d 895, 897 (1976) (citing National Land and Investment Company v. Easttown Township Board of Adjustment, 419 Pa. 504, 523, 215 A.2d 597

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75 Pa. D. & C.4th 255, 2005 Pa. Dist. & Cnty. Dec. LEXIS 370, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hanson-aggregates-pennsylvania-inc-v-college-township-council-pactcomplcentre-2005.