East Rockhill Zoning Board continues appeals from Pierson Materials over extractive operation and asphalt plant

The East Rockhill Township Zoning Hearing Board on Feb. 25, 2019 continued consideration of two related appeals filed by Richard E. Pierson Materials Corp. over operations at 2055 North Rockhill Road, Tax Map Parcel 12-009-102-000, in the E (Extraction) zoning district. The company is challenging a Zoning Officer’s denial of a zoning permit and a township Notice of Violation dated March 23, 2018 concerning an asphalt plant and extractive operations.

The appeals listed on the record as 18-03 and 18-04 ask the board to overturn the zoning officer’s determinations and to grant alternative relief. In Appeal 18-03 the applicant contests the denial and the township’s findings that (1) a special exception is required for the use; (2) buffer, development and performance standards apply; (3) the use must comply with sewage disposal, industrial waste disposal, water supply and storm drainage requirements; (4) environmental and safety standards (noise, air pollution, smoke, fumes, water pollution, fire hazards and other safety hazards) apply; (5) the Township’s Stormwater Management Ordinance applies; (6) construction commenced without a permit; and (7) zoning hearing board relief and land development approval are required to operate an asphalt plant. In both matters the applicant alternatively requested a special exception to permit an H12 Extractive Operation and to permit an asphalt plant as an accessory use to that H12 use, and any additional relief necessary to operate an asphalt plant as accessory to the extractive operation.

At the Feb. 25 hearing, testimony from Daniel Humes, P.E., (Civic Engineer) and Slavic Mokienko, Vice President of R. E. Pierson Materials Corp., was completed. The record notes that Andrew J. Gutshall will provide additional testimony at the next scheduled hearing. The board accepted the January 30, 2019 meeting notes with no changes.

No final decisions or votes on the merits of the appeals are recorded in the Feb. 25 minutes. The board scheduled the next hearing for March 25, 2019 at Bucks County Community College’s Upper Bucks Campus Student Common Area; March 27 or March 28, 2019 were noted as possible additional dates. The Zoning Hearing Board convened and adjourned the meeting in the usual course: Vice-Chairperson David Watt moved to adjourn, John Fenley seconded, and the meeting ended at 9:41 p.m.

Authorities and documentary issues cited on the record include the Township’s March 23, 2018 Notice of Violation and references to the Township’s Zoning Ordinance and Stormwater Management Ordinance. The transcript excerpted for these minutes does not include a board decision on whether the asphalt plant or extractive operation may lawfully continue; the matters remain before the board and were continued to the March hearing.