Whenever a farmer needs zoning approval for an agricultural project,they cannot leave any detail to chance.  If anyone opposes the project – be it the Zoning Hearing Board,the Board of Supervisors or a group of neighbors – anytime the farmer misses even the smallest detail,it could be grounds for getting the project denied.

伯纳诉。Montour Township Zoning Hearing Board,the Zoning Hearing Board (twice) and the County Court of Common Pleas (twice) approved the farmer's zoning application for a swine nursery barn.特别是分区听证会委员会对我的朋友托德·拉什在团队不幸的是,有一群有组织的邻居反对这项申请。联邦法院最终裁定分区听证会委员会是错误的,and that the farmer should not have received the approval for the swine barn.

Most of the Commonwealth Court's denial dealt with very small differences between the language of the Zoning Ordinance and the Nutrient Management Act.  The Zoning Ordinance required the applicant to"提交设施设计和具有法律约束力的保证以及履约保证”以确保操作conducted without adverse impact upon adjacent properties."Since this sentence appears to deal with the design of manure storage facilities and manure and wastewater management,the Zoning Hearing Board decided that these requirements were preempted by the Nutrient Management Act.After all,国家农业管理局不允许市政当局管理与肥料储存或施用或肥料储存设施的建设或运营有关的做法。

On a closer look,然而,the Court decided that the preemption only applies to operations where a Nutrient Management Plan is required.  A NMP is only required for a concentrated animal operation or a concentrated animal feeding operation – a CAO or a CAFO.在这种情况下,the use was neither a CAO nor a CAFO,所以农场只需要一个肥料管理计划,也不是NMP。因为不需要NMP,the preemption in the Nutrient Management Act did not apply,and the Zoning Ordinance could require anything that it wanted.

第二个问题是,申请人或反对者是否需要提供关于金宝搏网址不利影响。”In most special exception or conditional use hearings,申请人需要满足《区划条例》中的客观要求。一旦农民做到了这一点,it is up to the objectors to prove that the operation would harm the surrounding area.  However,在本分区条例中,the farmer was required to prove that none of his operations would have an"不利影响。”农民普遍证明,这项行动不会对周边地区造成不利影响。但由于这个小短语是农民的义务,the Court decided he needed to provide much more specific evidence.

任何一个曾因一个农业项目而遭到强烈反对的分区听证会的人都知道,反对者会从申请的每一个细节中挑出可能的细节。不幸的是,如果农民连这些标准中的一个都不符合,分区申请可能会被拒绝。it is tremendously important that the farmer and his team,attorneys,engineers,营养规划人员,等。,在提交申请之前,要仔细检查所有可能的要求。在当今的法律环境中,there is no benefit of the doubt for farmers,而且没有审批的捷径。

Aaron Marines律师是在金宝搏网站拉塞尔,克拉夫特和格鲁伯,LLP,in Lancaster,宾夕法尼亚。He received his law degree from Widener University and practices in a variety of areas includingCommercial Real EstateReal Estate,,土地利用,Land Planning and Zoningmatters.