Developer of proposed ATV track continues jumping hurdles
LUZERNE TWP. – At least a portion of Patsy Hillman Park will need to be rezoned if an all-terrain-vehicle track and trail system is to be built there, but the developer says he isn’t letting that put an end to his plans. “I went this far. I have a lot of time and effort tied up in this. For the last two years I’ve been jumping hurdles, and I’m going to continue jumping them,” said Gerald Trainer.
Trainer last month received preliminary approval from Brownsville Borough and Luzerne Township, which own the park, and the Brownsville-Luzerne Park Board, to construct an ATV track at the park. The board had anticipated that the track would open this summer, with additional quad trails planned through the wooded areas of the park. With the county zoning requirements, the time frame is in question.
According to Tammy Shell, the executive director of Fayette County’s Office of Planning, Zoning and Community Development, Trainer must go through three steps before any work could be done at the park.
“Right now it’s zoned C-1, which is conservation. They can use it for recreation for playgrounds, ball fields and that type of thing, but when you move into motorized sports, it’s another story. It would have to go through rezoning,” Shell said.
Parks currently fall under the C-1 classification in Fayette County. A new county zoning plan is being developed and would include a separate park classification.
According to Shell, the park technically has been in violation of the zoning regulations for the past 30 years or so that quad races have been run there. The current zoning went into effect in 1968.
“Unfortunately, they don’t have the proper approval to do that, but we’ve never had a complaint,” Shell said.
She said the county commissioners would have to rezone the land to be used for the quad track and then Trainer would have to seek a special exception from the zoning hearing board. Commercial recreation facilities are permitted in agricultural areas as a special exception but not in conservation areas.
“If they did grant approval, they could put special conditions on it, like hours of operation, the need for a buffer zone and lighting,” Shell said.
She said if the zoning were changed and the special exception granted, Trainer still would need to submit his development plans to the planning commission for approval.
Each step of the process takes time and costs money. Shell said it generally takes two to three months to go through the rezoning process, and the person or entity seeking the change would have to pay a $300 fee to request that a parcel be rezoned. According to Shell, it takes another four to six weeks to schedule a special exception hearing, with a $600 fee attached to it. Most rulings are issued the day of the hearing, she said. The planning commission has 90 days in which to rule on plans submitted to it once the first two steps are successfully completed, with a fee of $40 plus $1 for each acre of land being developed.
Shell said that since the borough and township own the land, they would have to sign the petition to have the zoning changed, but it would be up to Trainer to complete the process. Shell said it would be up to the municipalities and Trainer to decide how the fees would be paid. Shell said the fees are not waived for municipalities.
“The township or borough can’t spend any money on his business,” said Luzerne Township Supervisor Ted Kollar.
Trainer said he would like to see the process expedited if possible, but he’ll do whatever needs to be done to meet the county’s requirements for a quad track at the park.
“If it’s not approved, I’m still going to look for a place down there. I don’t walk away from things,” Trainer said.
He said he’s already lining up some child-sized ATVs and is working with a company regarding a dealership to be located outside the park boundaries.
“I am going to an ATV instructor institute in Maryland next month. I will become a licensed, certified instructor,” Trainer said.