Paradise Watchdogs/Ban the Quarry Newsletter

December 2011/January 2012

History and Purpose of the Paradise Watchdogs   and

Latest Court Win for Ban-the-Quarry and New Hanover Township

The Paradise Watchdogs (Ban-the-Quarry) was established in 1987 as a not-for-profit corporation.  We claim the following guarantees as stated in the Pennsylvania State Constitution: 

The people have a right to clean air, pure water, and to the preservation of the natural,

scenic, historic and aesthetic values of the environment. Pennsylvania's public natural

resources are the common property of all the people, including generations yet to come.

As trustee of these resources, the Commonwealth shall conserve

and maintain them for the benefit of all the people.

Our purpose is to educate the community about environmental impacts to New Hanover Township.  In the 1980s and 90s, the Paradise Watchdogs and New Hanover Township were successful in preventing the construction of a landfill that would have occupied over 100 acres of land containing wetlands and a perennial stream.  We were not as successful in protecting our air quality from the operation of a hospital-waste incinerator at the same site.

After sale of the property to Gibraltar Rock, Inc. from Fairless Hills, Bucks County, the incinerator ceased operations.  Montgomery County designated areas beneath the incinerator as “brownfields” or contaminated sites, sharing the location with the Swamp Creek and federally-protected ‘wetlands’. 

In the year 2000, Gibraltar Rock filed their first application to construct a rock quarry on the industrial land they purchased.  The application was ‘denied’ by New Hanover Township.  Subsequently the company requested regular monthly meetings with the Zoning Hearing Board to present their case for a quarry, asphalt plant, and concrete plant.  The hearings began in 2001 and concluded in 2009.

Gibraltar Rock, Inc. has filed three applications to quarry in New Hanover.  The first application, referred to as GR-1, encompassed approximately 163 acres along Route 73 (Big Road) and bordered by Church and Hoffmansville Roads.  As the company continued to purchase more land attempting to “add on” to the original application, the Twp. Zoning Hearing Board advised them to submit additional applications for the additional acreage.  Following is a list of the three applications. 

GR-1 Application – Filed in March, 2001 (grew to approx. 223 acres)

                                 Zoning Hearing Board Decision rendered on 6/18/07

GR-2 Application – Filed in January, 2003 (now a total of 246 acres)

                                 Zoning Hearing Board Decision rendered on 1/07/10

GR-3 Application - Filed in December, 2007 (296 acres)

                                 Zoning Hearing Board Decision rendered on 9/03/09

Throughout the year 2008, Gibraltar Rock negotiated with the Township for a settlement of all pending applications.  The Paradise Watchdogs hired legal counsel and insisted that the Township release the settlement stipulation to the public for review.  Hundreds of residents turned out for three public meetings to voice their opinion on the proposed settlement.  The Township allowed the settlement agreement to expire without approval.

In May 2009, the Paradise Watchdogs/Ban the Quarry filed a “petition to intervene” in County Court.  Our attorneys also represented two residents adjacent to the proposed quarry.  Judge Kent H. Albright ruled in favor of the residents who are now in the position of “intervenors” in all matters related to the proposed quarry.

Before obtaining approvals from the Township for relevant zoning and land development issues, as required by law, Gibraltar Rock chose to activate its mining permit in August 2009.  The company commenced earth moving, cut roads & driveways, constructed berms, and created parking areas, all of which forced New Hanover Township to seek a court injunction.  The Court of Common Pleas agreed by Order dated May 17, 2010.  The preliminary injunction is still in effect as of this date.

In October 2010, Gibraltar Rock filed a Land Development application and this continues before the Township Planning Commission.  Meanwhile, Gibraltar Rock has taken the Township to court several times since 2009 in an attempt to circumvent the need for land development approval.  Currently, one decision is pending but in all previous appeals the positions of New Hanover Township and the Paradise Watchdogs have been upheld by the Court.

The New Hanover Zoning Hearing Board rendered their decision on the GR-1 Application on June 18, 2007.  Gibraltar Rock immediately appealed that decision to the Court of Common Pleas.  Earlier this year, the company asked the Court to set a date for the appeal.  The Township and the Zoning Hearing Board, along with Ban the Quarry legal counsel, attended the hearing on July 1, 2011.

Good news:  New Hanover Zoning Hearing Board decision affirmed!

On Nov. 17, 2011, Judge Kent Albright of the Court of Common Pleas rendered a decision that upholds the NH Zoning Hearing Board’s decision as to the constitutionality of the township ordinance challenged by Gibraltar Rock.   Simply, this means that Gibraltar Rock is not entitled to quarry on the Light-Industrial acreage and quarrying is confined to the Heavy-Industrial only. 

In their 2007 ruling, the Zoning Hearing Board listed 20 "conditions" for operation of a quarry.  Judge Albright affirmed ten of those conditions (positive for us) but overruled the remaining ten conditions.  The Judge overruled these conditions because they were in conflict with state regulations that supersede the local regulations as to these restrictions.  We believe that Judge Albright’s careful adherence to the law will be upheld by the higher court if Gibraltar Rock files an appeal.    

When the Paradise Watchdogs/Ban the Quarry wins – YOU WIN!  When our Township attempts to uphold local regulations  -  YOU WIN!  We are not a group opposed to development in our community but are a group dedicated to preserving the healthy environment in which we live.  We also expect developers to abide by local laws enacted to protect and serve the people in our community.  Dust travels, heavy truck traffic affects all roads, the effects of blasting would extend for miles, and the current decrease in property values due to the current economy would decrease even more.    

Within one-half mile and due east of the proposed site are: the New Hanover-Upper Frederick Elementary School, the Perkiomen Valley Academy, and Helping Hands, an adult day care service.  The Frederick Mennonite Community is less than one mile east of the site.  All properties surrounding the Gibraltar Rock, Inc. land still have private wells.  Gibraltar Rock plans that 200 heavy-duty dump trucks will travel in-and-out daily using many local roads.

If you would like to help us preserve our community, donations may be sent to:

PWD-BTQ       P.O. Bo 115       Frederick  PA  19435

Please make checks payable to “Paradise Watchdogs”.

All donations are applied to legal expenses only.