NOTICE IS HEREBY GIVEN that the Charlestown Township Zoning Hearing Board will hold a public hearing on December 2, at 7:00 p.m., at the Choral Room, #154, of the Great Valley Middle School, located at 255 North Phoenixville Pike, Malvern, Pennsylvania, to hear Application/Appeal No. 05-2021, filed by Beyond Meat, Inc., herein “Applicant/Appellant”. Applicant/Appellant challenges Charlestown Township’s May 5, 2021 issuance of notice of violations of §27-1617 4.E. and §27-1617 4.F. of the Zoning Ordinance of Charlestown Township, as amended, arising out of noise-producing sources situated at 312 Devault Lane, Charlestown Township, the subject property. Applicant/Appellant’s submits that (1) the use of subject property is a pre-existing nonconforming use, and is not subject to said sections; (2) the alleged excessive noise violations occurred at the subject property prior to the enactment of said sections; (3) the alleged excessive noise violations do not account for noise generated by the Pa. Turnpike; (4) the enactment and enforcement of the Noise Control Ordinance is an invalid and unlawful attempt to restrict a lawful pre-existing use for the benefit of newly arrived residential users; (5) Even if the notice and Noise Ordinance are lawful exercises of Charlestown’s police powers, the changes to the facility to comply with the said Ordinance would require more than 15 days to complete; and (6) and the Noise Ordinance is invalid on substantive grounds pursuant to §916.1 of the Pa. M.P.C. in that it is not reasonably related to municipal police powers, constitutes a taking without justification or compensation, is unduly restrictive and de facto exclusionary with regard to operation of a food processing plant or similar permitted use/pre-existing non-conforming use. Applicant/Appellant is the owner of the subject property which is situated in a B-1 zoning district and designated Tax Map Parcel 35-4-123.
THE ZONING HEARING BOARD
OF CHARLESTOWN TOWNSHIP
BY WILLIAM R. HAGNER, SOLICITOR