Nittany Valley Environmental Coalition takes legal action to protect forest from development
The Nittany Valley Environmental Coalition filed a land-use appeal against Ferguson Township last week, arguing that the approval of the Pine Hall Traditional Town Development violates the environmental rights of residents.
Despite community opposition, the township Board of Supervisors unanimously approved the project — a 135-acre commercial and residential development located between Blue Course Drive and Old Gatesburg Road — last month. The court action, filed by attorneys Jordan Yeager and Lauren Williams, claims township ordinances were misinterpreted and incorrectly applied. Leading up to its approval, NVEC members and Centre County residents said they were concerned with the project’s environmental repercussions.
Pine Hall forest is located in the middle of the proposed development, a project that has been in the works for 10 years. Pine Hall TTD includes commercial and residential housing areas, but development plans include the removal of 55 out of 65 acres of forest, amounting to about 90% of Pine Hall forest.
“A developer benefits financially from a TTD approach because greater dwelling density and commercial development are rewards for compliance with stricter environmental zoning ordinances,” an NVEC release said.
The developers include planning and architecture company LandDesign in Alexandria, Virginia, architecture and design company 505 Design in Charlotte, North Carolina, and housing developer Residential Housing Development, LLC in Houston, Texas.
Before taking a vote, the township supervisors held two public hearings where over 20 residents asked Pine Hall TTD representatives to maintain at least 40% of existing trees before moving forward with development plans. The NVEC distributed a letter that asked the board to take into account a community-wide desire for the township to expand and approve its environmentally sensitive areas.
“Our coalition really listens to the people that are most concerned and that live close,” David Stone, NVEC treasurer and spokesperson, said. “And as you can see from the (August) meeting, we’re just trying to be helpful to the community.”
Prior to approving the plan, Ferguson Township Supervisor Steve Miller and township solicitor Joseph Green said that if a landowner proposes to develop on privately-owned property and the plan meets all ordinances, then the board is required to approve the project.
Miller said the township received a copy of the appeal but did not provide comment as staff has not yet met with their attorney.
Ferguson Township’s TTD Tree Preservation Ordinance requires wooded areas “be protected to prevent unnecessary destruction,” stating that at least 40% of trees — at least 5 inches in diameter — be maintained or replaced. Developers said they planned on replacing the current trees with street trees; however, residents said smaller trees will not provide the same environmental services as the forest’s mature trees.
“Key environmental features of the site are not planned to be preserved,” the NVEC release said. “NVEC’s lawsuit seeks to remedy the failure of both the developer’s master plan and Ferguson’s oversight by forcing compliance with TTD environmental zoning ordinances and the pre-approval plan specificity required by the TTD.”
This is not the first time the NVEC has taken a legal route motivated by environmental concern. In 2017, the coalition fought Penn State and Ferguson Township over the sale of 45 acres of land where Toll Brothers planned to build The Cottages at State College. After three years of protest and legal battles, Toll Brothers finally moved forward with development plans.
While Stone said it’s too early to predict where this case will go, he hopes it will result in a sufficient solution that will protect Pine Hall forest.
“I think our case is strong, so I’m actually quite optimistic that Ferguson and the developer will figure out a way to work with us and find a way to save the forest,” Stone said.
This story was originally published September 23, 2019 at 2:26 PM.
