Unity supervisors give solicitor 'clean slate' to address ATV use, reject resident's proposal

A debate in Unity Township about how residents should be able to use all-terrain vehicles and dirt bikes on their property remains unresolved after the township supervisors on Thursday rejected a resident’s proposal that would have eased restrictions.

The supervisors voted 2-1 to nix a proposed ordinance amendment submitted by Keith Fulton. According to Fulton, his family had been riding ATVs and dirt bikes on their 34-acre Myers Road property until October, when they were notified that the noise violates the existing township ordinance.

In a packed July hearing before the supervisors, neighbors complained that they hear the dirt bike noise in their homes and that it impacts their quality of life.

Township Solicitor Gary Falatovich said the current ordinance sets a maximum noise level at the property line of 65 decibels, equivalent to the noise made by a lawn mower. Fulton’s proposed version of the ordinance would have incorporated that noise regulation.

Among the changes Fulton proposed was making private recreational use of motorized vehicles a permitted use in agricultural areas and reducing the minimum lot size for that use to 15 acres. It is set at 50 acres.

Fulton pursued the changes after the township zoning hearing board denied his request for a special exception to allow his family to continue riding on property zoned for agricultural use.

The township never meant to restrict people from personal use of dirt bikes or ATVs on their property, Falatovich said.

“It was never the intent of this ordinance to prevent people from engaging in what we would call general recreational activity,” Falatovich said. “The issue has always been with the construction of a defined (off-road) track and the extents of the use of the track.

“We want a chance to go back in and define this a little bit more so that there is no misunderstanding about what people can and can’t do on their property. Let’s see if we can come up with some happy medium that addresses people’s needs. It isn’t necessarily the easiest thing to do.”

Falatovich referred to earlier problems that occurred prior to the case involving the Fultons.

“People were cutting trails in a more residential zoning district and putting in jumps,” the solicitor said. “There were problems with dust and dirt and hours and the numbers of people on the track. It was almost turning into a party type of event and was creating difficulties for adjoining residential property owners.”

Supervisors John Mylant and Ed Poponick voted to reject Fulton’s proposed ordinance amendment after Falatovich said he wanted to work with township staffers from a clean slate to draft proposed zoning changes that would more clearly address issues involving use of dirt bikes and ATVs.

“That doesn’t mean there aren’t things in the Fultons’ proposal that would not be considered,” Falatovich said. “Nothing would preclude us from incorporating some of their suggestions.”

Fulton’s proposal also would have limited private riding to daylight hours, imposed setback distances from property lines and homes and, at a given time, allowed no more than two participants who are not related to the property owner.

Mylant said the decision to reject Fulton’s proposed changes was “a hard pill to swallow,” but he agreed with Falatovich’s request to take a fresh look at the ATV issues.

“We need to work on that and take care of that,” Mylant said. “We want to give (Fulton) something concrete.”

“While we are disappointed that the supervisors voted to reject our proposed amendments, they made it clear that they fully intend on addressing the issues that we and so many others have raised, and for that we are grateful,” Fulton said in a written statement on Friday. “We have confidence that the supervisors will amend the ordinance in such a way that will provide clarity and allow families living in the country to enjoy riding outdoors, whether it be in a field or on a track or trail, while acknowledging the concerns of those who are in opposition.

”We believe that there is a middle ground that can be met.”

Overruled by his two fellow township board members, Supervisor Mike O’Barto said, “The proposal that the Fultons made, I did not have a problem with that. I have a major problem telling residents and people in general what they can and what they can’t do with their property.”

He added, “This is a hard decision. I hope that everything can be worked out.”

Falatovich also recommended rejecting Fulton’s ordinance changes to allow the township to consider clarifying ATV zoning rules at the same time it addresses proposed zoning amendments for two other controversial uses: solar farms and residential properties converted for student housing.

O’Barto said the supervisors have discussed adding language to keep solar farms out of agricultural areas and to strengthen stormwater management requirements for such sites. Any such changes would not affect an existing proposal by Ninemile Run Solar Master Tenant LLC to develop a solar farm along Charles Houck Road in Unity. A hearing on that proposal began June 25 before the township zoning board and is set to continue at 6 p.m. on Sept. 24 in the Greater Latrobe Senior High auditorium.

Based on concerns including parking requirements, Falatovich said the township is considering increasing the minimum distance separating student housing from 500 feet to at least 1,000 feet.