January 25, 2021: Rock Lehigh Valley Curative Amendment Hearing
The hearing originally scheduled for January 25th, 2021 has been canceled at the request of the Petitioner. The hearing will continue in a virtual format. Participation instructions for the virtual meeting will be posted in the near future.
The public hearing is to commence consideration of a landowner curative amendment. The Petitioner, Rock Lehigh Valley, LLC (“Rock”) alleges that the East Allen Township Zoning Ordinance (the “Zoning Ordinance”) is substantively invalid. In challenging the substantive validity of the Zoning Ordinance, Rock petitions the Board for a public hearing and requests adoption of a curative amendment pursuant to Sections 609.1 and 916.1 of the Pennsylvania Municipalities Planning Code on the grounds that the Zoning Ordinance impermissibly excludes the use of a “Logistics Center” in an arbitrary and irrational manner, thereby preventing the reasonable use of land and making the Zoning Ordinance invalid. Alternatively, to the extent the use proposed by Rock is determined to be a warehouse, Rock’s grounds for the curative amendment are that the Zoning Ordinance does not provide for sufficient lands for development of warehouses and is unduly restrictive.
In order to cure the alleged substantive invalidity of the Zoning Ordinance, Rock seeks the adoption of a curative amendment which is entitled, verbatim, as follows:
AN ORDINANCE AMENDING CHAPTER 250 (ZONING) OF THE EAST ALLEN TOWNSHIP CODIFIED ORDINANCES TO AMEND THE TOWNSHIP ZONING MAP TO REZONE NORTHAMPTON COUNTY UNIFORM PARCEL IDENTIFIER NUMBER M5-2-4 AND PORTIONS OF NORTHAMPTON COUNTY UNIFORM PARCEL IDENTIFIER NUMBERS M5-2-16 AND M5-2-5 FROM AGRICULTURAL (AG) TO LIGHT INDUSTRIAL/BUSINESS PARK (LI/BP); TO DEFINE AND PROVIDE FOR A LOGISTICS CENTER USE BY RIGHT IN THE LIGHT INDUSTRIAL/BUSINESS PARK (LI/BP) DISTRICT; TO PROVIDE FOR THE MAXIMUM BUILDING HEIGHT FOR A LOGISTICS CENTER; AND TO PROVIDE FOR A SEVERABILITY CLAUSE, A REPEALER CLAUSE, AND AN EFFECTIVE DATE.
Rock is the equitable owner of approximately 155.03 acres of land owned by the Lehigh-Northampton Airport Authority. The land is located in the Township and consists of all of Northampton County Tax Parcel Number M5-2-4 and portions of Northampton County Tax Parcel Numbers M5-2-16 and M5-2-5. The land is currently located in the Township’s Agricultural (AG) zoning district.
Rock’s complaint and petition and proposed curative amendment, including the request for relief, as well as plans and explanatory material are available for public inspection at the East Allen Township Municipal Building, 5344 Nor-Bath Boulevard, Northampton, PA 18067, from 8:30 a.m. to 3:30 p.m., Monday through Friday.
Brent M. Green
East Allen Township
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