Citizens for Fair Zoning
Position on Draft 2 of the
As the planning commission and supervisors of
1. Whereas, a stated objective of the ordinance is to protect the welfare of the residents of the township, the proposed ordinance offers no protection for current and future homeowners in the General Commercial District.
a) Single-family dwellings already exist in this district
and are a permitted use (permitted after paying the cost of a supervisors
hearing (approx. $150 + cost of a stenographer if necessary)
b) Side yard
requirements for principal structures is 25 feet each side.
c) Side yard requirements for non-residential parking
& loading is 10 feet each side.
d) No buffer yard is required between residential and
commercial uses within this district.
e) The ordinance encourages the close proximity of
incompatible uses.
f) Consequently, current and future homeowners in the
General Commercial District have no means of protecting themselves from the ill
effects of living next to commercial businesses: parking lots, traffic,
automobile lights, automobile noise and patrons - all can end up a few feet
from a homeowners back door. A homeowner could step out his backdoor and
into the parking lot of a restaurant, convenience market, motels/hotel,
shopping complexe or machine shop. The
only means homeowners in the General Commercial District will have to protect
themselves is to sell and move away.
2. Whereas, a stated objective of the ordinance is to protect the
welfare of the residents of the township, the proposed ordinance offers no
protection for current homeowners residing in the Interchange district.
a) Single-family dwellings already exist in this
district.
b) Side yard requirements for non-residential parking
& loading is 10 feet each side.
c) No buffer yard is required between residential and
commercial uses within this district.
d) Consequently, current homeowners in the Interchange
District have no means of protecting themselves from the ill effects of living
next to commercial businesses: parking lots, traffic, automobile lights,
automobile noise and patrons - all can end up a few feet from a homeowners back door.
The only means homeowners in the Interchange District will have to
protect themselves is to sell and move away.
3. Whereas, at the
4. Whereas, a stated objective of the ordinance is to control
development, the proposed ordinance promotes and encourages prolific commercial
development that threatens the rural character of township.
a) Minimum lot sizes in the General Commercial District
are 1 acre (on-lot sewage and water) and less than ½ acre (with public water
and sewage.)
b) Side yard requirements for a non-residential parking
lot is 10 feet each side.
c) Small minimum lot sizes increase the number of lots
available for commercial development and reduce their cost. As a result, prolific commercial development
will occur in this district. The
commercial development that occurs here will look like Breezewood without the
signs.
d) The proposed ordinance does nothing to control
development in the General Commercial and Interchange Districts. Large corporate developers are largely uncontrolled. By allowing smaller lot sizes where public
sewer and water are available, the ordinance encourages high density development
with its associated traffic and congestion.
The ordinance encourages the proliferation of public sewage systems and
high density development which will cost taxpayers of the township. Regulations requiring traffic flow studies
need to be added. Because the townships
subdivision and land development plan is inadequate, developers can leave the
township’s taxpayers with large repair bills for poorly constructed roads,
water and sewage lines.
5. Whereas, a stated objective of the ordinance is to control
development that will increase taxes, this prop encourages development that
will become a tax burden to township residents.
a) Penn State Agriculture Extension Circular 410,
referred to by the chairman of the planning commission at the August 1, 2001
meeting, lists the following land uses as having a negative fiscal impact on a
municipality: townhouses (2-3 bedrooms), expensive single-family homes (3-4
bedrooms), townhouses (3-4 bedrooms), inexpensive single-family homes (3-4
bedrooms), garden apartments 3+ bedrooms), and mobil homes.
b) In the Village District, minimum lot sizes are lower
for single-family detached dwellings (30,000 sq. ft. per dwelling unit),
two-family dwellings (15,000 sq. ft. per dwelling unit) and conversion
apartments (10,000 sq. ft. per dwelling unit) when public sewage or water is
available. Single-family attached &
multi-family dwellings (30,000 + 2,500 sq. ft. per dwelling unit) are permitted
in this district when public sewage or water is available.
c) By lowering minimum lot sizes where public sewage and
water is available, the faulty ordinance promotes the proliferation of
development that will become a tax burden to residents in the township.
d) If the planning commission goal is to control
development, maximum land use density would remain the same with or without
public sewer or public water.
e) An average density of one residence per acre would
prevent the proliferation of public sewer and public water systems because of
the costs involved. Thus, the citizens
of the township would be protected from burdensome tax increases related to
development that has a negative fiscal impact on the township.
6. Whereas, the planning commission has stated that property owners in
a) The proposed ordinance requires 5-acre minimum lots for most of the township.
b) If a “Clean and Green” participant splits-off a lot (five acres) for a child, the landowner will be required to pay the roll back tax penalty (tens of thousands of dollars for some landowners) on the entire tract.
7. Whereas, the ordinance should consider the impact of all home
occupations equally, the faulty ordinance inexplicably gives preference to Bed
and Breakfast establishments even though they could have an adverse impact on
the township.
a) Bed and Breakfast establishments are permitted uses in
five of the seven districts.
b) Occupancy can be up to six guest rooms, each room with
up to two adults and two children.
c) Bed and Breakfast establishments will increase traffic
on already stressed township roads.
d) Bed and Breakfast establishments will pose a danger to
adjoining residences with increased sewage and refuse needs.
e) Bed and Breakfast establishments will require a large
safe drinking water supply and water usage will be higher than single-family
residences.
f)
Bed and Breakfast
establishments will require off-street parking facilities.
g) Bed and Breakfast establishments generate considerable
noise.
h) Yet, inexplicably, Bed and Breakfast Establishments
are not required to meet any of the following stringent restrictions that all
other home occupations are required to meet:
i. Persons engaged in the permitted home occupation shall be limited to members of the household of the operator residing on the premises and one (1) non-resident employee.
ii. The home occupation shall not in any way alter the residential character of the neighborhood where it is to be located, nor shall it in any way adversely affect the safety of the persons residing in that neighborhood.
iii. The home occupation shall not create any adverse impact on existing traffic or circulation patterns in the neighborhood.
iv. No offensive or objectionable noise, vibration, smoke, dust, odor, heat or glare shall be detected at or beyond the property line of the lot containing the home occupation.
v. A sufficient number of off-street parking spaces shall be provided to adequately accommodate the occupation’s anticipated usage.
vi. All home occupations may be permitted upon finding of the Zoning Officer that such use complies with the criteria of this Section, other applicable codes and ordinances, and that the proposed use would not be detrimental to the health, safety and welfare of the residents of the neighborhood where it is to be located.
8. Whereas, the ordinance should consider the impact of all uses
impartially, in the Rural Residential District, the proposed ordinance gives
preference to stables and riding academies over the more mundane and common
activities of raising livestock for commercial sale and camps, cabins, and
vacation homes.
a) Stables and riding academies are permitted uses in the
Rural Residential District.
b) Raising of livestock or poultry for commercial sale is not a
permitted use in Rural Residential.
c) Camps, cabins and vacation homes are not permitted
uses in the Rural Residential District even though these uses have a positive
impact on the township - increasing the townships tax base without burdening
services
9. Whereas, the proposed ordinance promotes prolific commercial
development where it would naturally occur along the interchange; it places
restrictions on 85% of the of township that will not
be under development pressure. Why
should the township residents pay the cost of supporting a zoning bureaucracy
when the ordinance does nothing to prevent what would occur naturally?
10. Whereas, by minimizing the importance of a strong township
subdivision and land development ordinance, the position of planning commission
will leave the township wide open to unscrupulous developers.
a) At the planning meeting on
i) Our research
has found that setbacks and turning areas of driveways are regulated by zoning
laws; compliance with sewage regulations is regulate by the Commonwealth of
Pennsylvania Code Title 25, Chapters 71 thru 73.
b) David Piper, an experienced township manager of nearby
Halfmoon Township (which has experienced 60% growth in the last ten years),
states “It is more important to have good subdivision and land development
standards in place than zoning regulations. Zoning does nothing to prevent poor quality
land development. Zoning does not generate structurally solid streets, good
water lines, public sewer, quality home construction, safe street design or a
host of other concerns that can become a logistical nightmare for
municipalities to repair. Contrary to popular belief and the discussion of
pro-zoning organizations, zoning does nothing to protect the general public
from the ravages of poor land development, that is the job of subdivision and
land development regulation. Reconstructing a street in the average development
will cost between $60,000 to $100,000 per mile. A mile
of road will provide access to approximately 70 single-family homes under the
best conditions. The income generated by these homes (if everyone has a job and
no retirees live there) for the municipality each year will be approximately
$32,000 per household which creates approximately $11,200 in earned income tax
revenue annually. Once all municipal costs are deducted from that figure, i.e.,
plowing, general road maintenance, equipment, salaries, fire protection, etc.,
the municipality might be able to secure $2,500 for road reconstruction per
mile. Without raising taxes on the citizens, that road, as originally built,
must be able to last for 24 to 40 years. Realistically with the current
construction standards,
11. Whereas, the chairman of planning commission, at the
a) Because zoning has long-term implications to existing
residents of the township, we believe all citizens of the township have a right
to carefully review the ordinance to assure the adoption of a good
ordinance.
12. Whereas, two sitting supervisors are appointed representatives -
not elected by citizens of the township.
a) What may be the most important decision in the history
of the township deserves to be made by elected officials.
14. As a consequence, we the
Citizens for Fair Zoning, wish you to consider the following remedies from the
planning commission and supervisors:
a) For the supervisors to postpone any vote on the
ordinance until elected supervisors are in place in early January.
b) To immediately develop and implement a comprehensive
subdivision and land development ordinance that protects the township taxpayers
from unscrupulous developers.
c) To protect the citizens from
unnecessary tax burdens by not encouraging high density development.
d) To protect all citizens from incompatible land uses by
correcting deficiencies in the General Commercial District and the Interchange
District.
e) To not give preferential treatment to bed and
breakfast establishments – require them to meet the same regulations as any
other home business.
f)
To
remove preferential treatment of stables and riding academies in the Rural
Residential District.
g) To allow camps, cabins and vacation homes in the Rural
Residential District.
h) To allow the raising of livestock
and poultry for commercial sale in the Rural Residential District.
i)
To
allow residents participating in “Clean and Green” to give land to their
children without paying the “rollback” tax penalty which can be ten of
thousands of dollars for some participants.
j)
Immediate release
of the permit and fee schedule for the ordinance – the planning commission is
asking the citizens of the township to agree to buy the plan without knowing
the price.
k) Per the position of the Pennsylvania Farm Bureau, the
township must compensate landowners adversely affected by the ordinance. Specifically, “A zoning ordinance which
restricts the use of private property should be compensated as if the property
itself is taken.”
l)
To implement
performance zoning, which treats ????
m) Part of the heritage of