Many residents may recall last summer the Board of Supervisors held a public hearing and adopted two zoning amendments. The first and most important amendment was Ordinance #119, which implemented certain recommendations of the comprehensive plan to strengthen the Township's rural and agricultural way of life. Ordinance #119 removed a development option from the agricultural district that allowed dense, suburban style housing developments, and it remapped some properties around the Borough from dense residential zoning districts to the agricultural zoning district. Ordinance #120 corrected a typo in Ordinance #119.
Two developers and two landowners challenged the adoption of the amendments. Two challenges assert the agricultural zoning district is unconstitutionally restrictive (substantive challenges). The Zoning Hearing Board (ZHB) held a hearing and took testimony on one of those challenges for one night. The hearing was then continued, and is now rescheduled for March 5th. The second substantive challenge will have its first hearing the night of March 12th.
One challenge asserted the Township didn't follow the correct procedures in adopting the amendments (procedural challenge). The ZHB took this case on November 20, 2006. Most times the ZHB listens to testimony from witnesses to establish 'what happened'--the facts of a case. This is particularly true if there is some dispute about 'what happened'. In this instance, the challenger and the Township agreed there were no facts in dispute so together they filed a joint stipulation of facts and filed legal briefs supporting their positions. On January 29th the ZHB invalidated Ordinance #119 and #120 (Order 10-2006). Invalidating the amendments means the Township's regulations and zoning map are the way they were the day before Ordinance #119 was adopted. At its February meeting the Board of Supervisors voted to appeal the ZHB's order.
The Board of Supervisors still believes the objective of retaining a rural and agricultural community is important, so it authorized advertisements for three ordinances amendments at its February 14th meeting to reenact the provisions of Ordinance #119.
Ordinance #125 is an amendment to Chapter 27, Part 22 of the Township Code. The amendment removes language in the Township's Code that is inconsistent with the Municipalities Planning Code. The ZHB did not invalidate Ordinance #119 for this inconsistency, but removing it makes sense to reduce frivolous legal challenges. The hearing for Ordinance #125 is February 27th at 8:00 am and is expected to take less than 10 minutes.
Ordinance #126 is an amendment to Chapter 27, Part 4 and Part 11 of the Township Code. The amendment readopts that portion of Ordinance #119 that removed the conservation design option (dense suburban development) from the Agricultural zoning district. The hearing for Ordinance #126 is March 5th at 8:00 am and is expected to take little time as it's simply re-doing something the Board took testimony on in June 2006. The Board assumes those who were in favor of removing the conservation design option last June are still in favor, and those who were against it last June are still against it.
Ordinance #127 is an amendment to Chapter 27, Part 23 (Zoning Map) of the Township Code. The amendment substantially readopts the zoning map in Ordinance #119 by remapping land from dense residential zoning districts into the Agricultural zoning district. The hearing for Ordinance #127 is March 14th (the Board's regular meeting date) at 5:30 pm.
Citizens should not be surprised if the Board does not amend any of the ordinances prior to voting. The courts will invalidate an ordinance if it has been changed and doesn't then go back through the entire adoption process. This process is very time consuming and it's easier to simply adopt what has been advertised and make a new ordinance amendment if needed. The Township doesn't necessarily agree that is the best way to do business, but it doesn't write the rules.
There has never been, nor could there be, a legal challenge to the COMPREHENSIVE PLAN. The comprehensive plan is a conceptual plan that does not have the effect of law. It has no legal standing, it's merely a blueprint.