"Never doubt that a small group of concerned citizens can change the world. Indeed, it's the only thing that ever has" - Margaret Mead
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We strive to provide the most up to date and accurate information regarding growth and development in Tinicum Township and the surrounding area. Light up the Delaware River Celebration: To learn more about this celebration and the potential threats posed by gas drilling in our area visit the following web site: http://www.lightupthedelawareriver.com/ Carr Tract Update (August 2009): It came as no surprise that Main Street
Developers were not pleased by the decision of Tinicum's Board of
Supervisors to reject their challenge to Tinicum's ordinance
protecting agricultural soils wherever they occur within the township.
Main Street attorney Robert Gundlach has now filed an appeal of
Tinicum's decision to the Bucks County Court of Common Pleas. The Board of ECOBucks has deliberated on
whether or not we should continue our involvement in the case as an
Interested Party. In these tough economic times, we had to decide whether
it might be more important to preserve our funds for the eventual defense
of our ordinances relating to Main Street and the Piper Group's other
proposed developments. Our participation in the many months of hearings which ended with the decision by the Supervisors certainly had an effect on the outcome. Mr Gundlach was clearly aware of the opposition of Tinicum residents to his challenge. He even referred to the Save Our Water signs posted around the township. And the Supervisors, in their rejection of the challenge, quoted the testimony of Thomas L. Daniels, PhD, the expert witness who was presented by ECO Bucks. Dr Daniels is a Professor of Land Use
Planning at U of Penn, a former Director of the Agricultural Preserve
Board of Lancaster County, PA,, and winner of the 1996 National
Achievement Award from the American Farmland Trust. Gundlach charged that the Supervisors erred
in granting party status to ECOBucks "because it is composed of members
throughout an entire geographic region, none of which were specifically
identified and no information was provided to Appellant as to the nature
of the alleged affect [sic] of the Cure Challenge on the organization." The first issue the court is addressing is
whether to grant the developers' request to reopen the record and take
additional evidence. Among the additional evidence they propose is
testimony about stream discharge from sewage treatment plants. After the
issue of admitting additional evidence is resolved by the court, the
parties will file briefs on the substantive legal issues in the case and
we will await a ruling from the Court. Whichever side loses at the county court
level will have the ability to appeal to the Commonwealth Court, where
another round of legal briefs would need to be filed. It can easily
take a few years for this case to wind its way through the court process. The ECO Board has considered the impact our
participation in the case might have on any of the elected judges who
would hear the appeals. We have decided that ECOBucks should continue to
retain Attorney Jordan Yeager to represent ECOBucks and to participate in
this case. We cannot let our resolve weaken as our case slowly works its
way through the court system. Accordingly, Yeager filed a brief on behalf
of ECO on July 29, citing precedents in court cases, provisions of the PA
Municipal Planning Code, and examples of testimony from Gundlach's and
Tinicum's expert witnesses. Among the points made by Yeager were cases
which established that an ordinance is not to be declared invalid merely
because it may deprive the owner of most lucrative and profitable uses.
So long as it may be reasonably used for purposes permitted under
ordinance, the owner may not legally complain. Another case found that to
establish the confiscatory nature of zoning regulations, applicant must
prove that regulations have rendered the land to have no value or only
distress value. Several other cited cases established the right of
townships to preserve agricultural lands. The request to inject additional testimony
about stream discharge was opposed by Yeager on the grounds that this was
not part of original challenge to Tinicum's agricultural soils protection
ordinance. The MPC stipulates that an applicant cannot propose
additional challenges on same parcel until the original challenge is
settled. Yeager pointed out that Tinicum witnesses
Theilacker and Comitta offered unrebutted expert testimony that
preservation of agricultural soils has secondary benefits including
promoting significant groundwater recharge and replenishment of aquifers, Gundlach's own witnesses admitted that the
land could accommodate 64 units and comply with ordinances, so they can't
claim that there is no reasonable use of the land. Their expert witness
Ken Amey admitted that he hadn't performed a study of Tinicum's growth, or
identified causes for lack of growth. This rebutted Gundlach's assertion
that Tinicum's ordinances are so restrictive as to inhibit growth. As we await the decision of the court, ECO-Bucks appreciates your financial and moral support. We hope our members agree that this will be an appropriate expenditure of your past financial support, and that you will pledge to continue to support our efforts.
Hearings on hold:
New Hearings
will begin on Main Street Development and Piper Group challenges to the
following township ordnances:
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The Prime Farmland and Agricultural Soils Overlay District
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The Delaware River Wild and Scenic Overlay District
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The Woodland and Hedgerow Overlay District
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The Critical Biodiversity Areas Overlay District
·
The Critical Recharge Areas Overlay District
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The Wetlands and Wetlands Margin Overlay District
·
The Riparian Buffer Overlay District
·
The Tohickon Creek Watershed Overlay District
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The Steep Slope Conservation District
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The impervious surface regulation for a performance subdivision in the
VR-Village Residential Zoning District
In addition, The Piper Group has reserved the right to contest the $500
charge for each hearing after the first.
The challenges apply to the following proposals:
Note: Tinicum Sewer and Water Group, L.P is not affiliated in any way with
Tinicum Township.
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Below you will find a quick guide to our site. Offer your expertise and ideas and energy, provide articles or information to us, or just general feedback via our REQUEST INFORMATION page. The PROPOSED DEVELOPMENT MAP shows only development proposals which have been submitted for approval to Township authorities. Our EVENTS calendar lists hearings, planning commission meeting, ECO-Bucks events, and other community events in the area. ABOUT US gives a brief background of who we are, why our growing group is taking a stand against sprawl - and what is at stake. Our PHOTO GALLERY is a collection of the beauty (and beast) that can be found in our local area. Submissions are welcome. We are assembling an extensive resource listing on our LINKS page, related to local development issues, land preservation, natural resources management, and listings to important Township, County, State, and Federal web sites which provide contact information for elected officials. IN THE PRESS tracks news in publications and provides references and synopses related to local land issues.
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UPCOMING EVENTS Tinicum Township New hearings are currently on hold Developers and Associates Involved
Read the Bucks County Open Space Task Force II Report Among the findings: - Farmland and open space impose significantly fewer costs on local governments than other land uses. - Preserved open space has been shown to increase property values. - Cost to the average tax payer - about $30 per year. Tohickon Creek Stewardship A vast majority of the Upper Bucks and the Lower Delaware River community agree that Lower Delaware River, its tributaries and watershed should be protected from degradation. There are signs that current and imminent human activity endangers this protection goal. The question arises, “Who or what institutional entity has been given the authority to enforce this will of community?” Water Conservation Click on the Water Use it Wisely® link in the left margin for information on water conservation, including: • Family water audit • Low water-use plant list • Water saving tips Nockamixon Groundwater Ordinance - Draft
Pennsylvania’s Environmental Rights Amendment
Tinicum Sewer and Water Group, L.P. is
not affiliated in any way with Tinicum Township. It is a private entity owned by two developers, Main Street Development and The Piper Group. They, along with Penrose and Marion Hallowell, have applied to build a sewage treatment facility on the Hallowell property to service several of the proposed Main Street and Piper Group developments. Support our local farmers and growers. Buy fresh local food. Plumstead Township and The Bucks County Water and Sewer Authority.
PPL Plans for Transmission Lines and a Substation in an Environmentally Sensitive Area of Springfield Township Pennsylvania
Power and Light (PPL) has presented a proposal for a new power
transmission line between Quakertown and Coopersburg. Their preferred
route is through farm fields and woodlands, some of which are preserved.
In addition, they propose to build a five to seven acre electrical
substation in a meadow, part of which is designated wetlands. Springfield
Township and a newly formed citizen’s group, Springfield bucks Undesirable
Land Use (SbULU), are not trying to prevent the transmission line from
being built, but have asked PPL to consider an alternate route through the
Township’s industrial zone, along Route 309 and an existing SEPTA right of
way (link to more info). The township and residents are concerned about
the following aspects of PPL’s route: Water Quality Issues/Resources Read what four water experts had to say at a local Environmental Forum. Tinicum Development Hearings The July 26th zoning hearing for Tinicum Sewer and Water Group, L.P was cancelled at the last minute by Mr. Gundlach, attorney for the developers. He has withdrawn the existing application and notified the Township that he will be submitting a new application to the Board of Supervisors. Hearings for curative amendment applications have been scheduled on behalf of Main Street Development Group, Piper Group, and the Carr, Cooper, Hallowell and Wehrung families, for 5 development proposals in Tinicum township. The 5 proposals covered by these hearings are:
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