Huntington Rejects Development

By SCOT ANDREW PITZER, The Evening Sun 03/4/2010 | Article Link

In a resounding show of solidarity, the Huntington Township Board of Supervisors unanimously rejected controversial plans for a trailer park Wednesday night, citing incomplete documents and multiple ordinance violations.

But the battle over the proposed Peakview Mobile Home Park is far from over.

Harrisburg-based attorney Charles Suhr, representing developer Robert Mumma, informed the three-person board that they’ll challenge the decision in court.

“We’ve won before – we believe we’ll win again,” said Suhr, with his client absent. “It’s very unfortunate, but the court is the ultimate arbiter.”

Board Chairman David Boyer responded that he’s “not naïve enough to think we’re not going to court.”

“If the case was tried in the court of public opinion,” Boyer said as he looked out over a crowd of 50-plus people crammed within the township’s headquarters, “you would be denied.”

After calling the session to order, Boyer made a motion to deny the final land development plans, which depict a 270-unit development at the intersection of Idaville-York Springs Road and Pa. 94, near York Springs. 

The plans have generated controversy since they were first submitted in 1999, because the project is proposed for a 140-acre plot of land situated in the heart of the Fruit Belt.

Seconds following the vote and the official adjournment of the meeting, the crowed erupted into applause that rattled the walls of the township building.

“The developer has not shown due diligence…nothing has been accomplished in five years,” said Boyer.

Five years ago, a court-order forced the board to grant preliminary land development approval. Since that point, Boyer and Solicitor Bob Campbell noted that the developer made little progress on the plans, with a lack of outside agency approvals, including water and sewer permits.

Boyer pointed out that the developer has not “commenced or completed any aspect” of the final plans, and that no completion schedule has been submitted. He noted that the storm-water management plan is unfinished, and that the plans do not depict most housing units, per law.

Lastly, Boyer said that the Dept. of Environmental Protection has not issued permits for a private wastewater system, adding that “no public system is available.”

Suhr disputed the township’s arguments, indicating that “revised plans” were submitted before Wednesday’s meeting. Boyer replied that supervisors had not reviewed the documents, because they did not know they were submitted. He also explained that “all documents were due to the planning commission” Feb. 22, so the developer “missed the deadline.”

Bob Campbell elaborated: “It’s like everything else in the last 10 years, things come in at the last minute. It could have been taken care of a long time ago.”

Suhr argued that the land development deadline does not expire until April 30, and he asked the board for conditional approval, based on the developer obtaining the proper permits.

“We do not have outside agency approvals. That is clear,” said Suhr. “We cannot do this project without those approvals.”

Board members responded that Peakview had plenty of time from 2005-2010 to obtain those clearances.

In listing the rationale for the board’s denial, Boyer noted that the developer “hastily submitted a preliminary plan” more than 10 years ago, “when the township was considering a zoning ordinance.” The township passed a zoning ordinance Nov. 11, 1999, which would prohibit the development from being placed atop land that is zoned for “agricultural preservation.”

The board rejected the plan that year, mainly because of incomplete water and sewer modules. A long legal battle ensued in court, with a Pennsylvania judge overturning the decision. The township asked the State Supreme Court for a decision, but the court refused to hear the case. In 2005, the township reluctantly approved the court-ordered project. Final land development plans were submitted in Sept. 2009, with a five-year statute of limitations deadline set to expire.