Farmers ruled in the July 19 meeting of Upper Milford Township Supervisors.

Three different farmers came to discuss problems with the township’s zoning law as it relates to farms.

In an unusual legal turn of events, the O’Rourke family saw a quick reversal of a zoning officer’s decision that had stymied their plan to construct a 60-by-70-foot pole barn on their property where the O’Rourkes are growing grapes that in few weeks will need a place to be processed.

Daniel and Elizabeth O’Rourke on St. Peters Road had met with the township supervisors two weeks ago seeking relief from a decision by the Upper Milford Township Zoning Hearing Officer to deny a permit to build a processing building in time to harvest their grapes. At the time, the supervisors were inclined to help the vintners, but they had no legal authority to do so. Supervisors could not overturn the zoning hearing officer’s decision.

That’s where things stood when their attorney, James Preston, suggested a way out of the bureaucratic conundrum – file legal action against the township and then seek an agreement in an executive session where the three-person supervisory board could, in effect, work with the zoning officer to come to a more desirable decision. That’s exactly what happened.

Upper Milford Township supervisors and the O’Rourke family came to an agreement July 19 committing the family to withdrawing the pending lawsuit. The zoning officer will “issue a temporary permit for the proposed pole building” contingent upon the O’Rourkes continuing to pursue zoning relief at the Aug. 13 zoning hearing board meeting. They must also comply with all other requirements set forth by the zoning office in a June 18, 2017 letter.

Former Upper Milford Township supervisor and local farmer George DeVault also attended the meeting. DeVault was following up on a topic he said the township supervisors have long contemplated - revising the zoning ordinance to better support agriculture.

“Throughout my six years on the board of supervisors,” DeVault said, “staff and board members repeatedly said that our zoning ordinance needs a serious makeover in the area of agriculture.

“But…it never happened. We got sidetracked, knocking heads with developers. And PennDOT [Pennsylvania Department of Transportation]. And the turnpike. And the Norfolk & Southern. And PennDOT, again.”

“Our [zoning] ordinance is both too simple and too complicated in spots,” DeVault said. “It’s also inconsistent, contradictory, oxymoronic, superfluous and, some might say, just plain dumb.”

“The question,” DeVault said, “is, are we really interested in farm preservation? Or just interested in stopping development?”

Also concerned with zoning issues were Houstin and Gail Lichtenwalner who have a beef and hog operation on their 150-acre farm on Jasper Road. The Lichtenwalners were concerned stormwater management rules were adversely affecting their operations.

The supervisors agreed to meet with all of the farmers in a working group that might include the Lehigh County Conservation District and other concerned agencies in an effort to make the zoning ordinance more agriculture friendly.

In other business, James Krippe has submitted a letter of resignation as the Upper Mildford Township Emergency Management Coordinator.