Residents of Washington Township who reside along Olde Route 100 came before Washington Township Board of Supervisors on Thursday night to voice their concerns about a trash hauling business operating on the street. 

            Residents allege Diamond Disposal has been parking trash trucks on a six acre site located at 2132 A Olde Route 100. 

            According to Tom Palmer, a resident of Washington Township who resides on Olde Route 100, Diamond Disposal is using the parking lot of the 2116 TapRoom to access the six acre site. 

            Palmer alleges Diamond Disposal has its own access to the six acre property on Bale Road, a small lane near the 2116 TapRoom.  Palmer is concerned about the dust, noise, and trash spilled onto the road that he believes is caused by the trash trucks.  The six acre property on which the trucks are parked is designated a "Watershed Conservation" area. 

            Palmer noted the 2116 TapRoom parking lot is not paved.  He is concerned if toxic material from the trash trucks leaches into the soils in the area it could potentially "damage waterways of the Commonwealth and harm local aquifers." 

            Mary Galloway, who resides along Olde Route 100, said she has observed up to 12 trash trucks entering the property late at night.  She noted the trucks create a good bit of noise.  

            According to a representative of LTL Consultants, Inc., Washington Township Engineers and Code Enforcement Officers, Diamond Disposal is operating a trash hauling business without a permit and it is parking its truck on the six-acre site.  LTL's representative noted the property is a non-conforming use. 

            Previously, it was mined as a quarry which is considered an "intensive land use."  After the land was quarried, a landscaping business was located on the site.  LTL's representative explained simply because a property had a prior non-conforming use does not mean it can acquire another non-conforming use for a different kind of business.  It must be a similar use or a less intensive use than the prior use.

            An LTL Consultants Zoning Officer sent Diamond Disposal a notice that it is in violation of Washington Township's zoning ordinances.  Diamond Disposal has the right to appeal to the Washington Township Zoning Hearing Board for an appeal of the zoning officer's interpretation of the township's zoning ordinance. 

            Additionally, it can seek a variance from the zoning hearing board to operate the business.  If Diamond Disposal seeks a variance from the zoning hearing board it must show a hardship that was not self-created.  At this time it is uncertain if Diamond Disposal will appeal the zoning officer's notice of violation or if it will seek a variance from the zoning hearing board.  

            It is uncertain whether Diamond Disposal has an easement over the parking lot of 2116 TapRoom.  Washington Township Solicitor, Dan Becker, addressed the easement question when he explained it is a private property issue if Diamond Disposal is driving over the parking lot of the 2116 TapRoom to access it site. 

            Becker noted if Diamond Disposal does not have permission to cross the parking lot it is potentially a trespass issue between the owner of the 2116 TapRoom and Diamond Disposal.  

            Diamond Disposal has 60 days from the zoning officer's notice of violation to correct the violation, appeal the zoning violation, or seek a zoning variance.  If there is a zoning hearing residents within 500 feet are generally considered to have "legal standing" in the matter and are considered "parties" to the zoning hearing.  Anyone who owns property within 500 feet of the property that is the subject of the zoning appeal has the right to enter their appearance as a "party" to the hearing and give evidence. 

            Washington Township is considered a "party" to the zoning hearing, as well. 

            Once a decision is rendered by the zoning hearing board, the adjudication, which is the written decision of the zoning hearing board, can take 45 days to complete.  Diamond Disposal has the right to appeal the zoning hearing board's decision to the Court of Common Pleas. 

            Additionally, a property owner within 500 feet of the property in question who has entered his appearance with the zoning hearing board in the matter, and who disagrees with the zoning hearing board's decision, has the right to file an appeal of the zoning hearing board's decision with the Court of Common Pleas.  

            Until there is a zoning hearing or the violation is corrected by Diamond Disposal, Washington Township has very little recourse.  Township Board of Supervisors Chairman, Dave Moyer, commiserated with the residents.  Moyer said, "What frustrates me, just like you, I want action right away.  With government it takes time."  In the meantime, until the issue is resolved, Diamond Disposal potentially can continue to operate.