Zoning: a community’s protection

During the last two years, several development projects were begun in Wayne County that upset many of its residents.

A company came to Lebanon Township with a proposal for a quarry. Anti-quarry signs began appearing along township roads. Another company came to Clinton Township with a proposal for a wind farm consisting of 47 large windmills sitting on the Moosic Mountains. Again, more opposing road signs. And almost three years ago, a third organization—the federal government—came to Canaan Township with a proposal for a very large prison.

None of these townships had any zoning, so the people opposing the projects could do little or nothing to stop or control them.

A fourth project, another quarry, came to Palmyra Township, but the township had zoning in place so the township board is currently working to control how it will be developed.

What makes the difference is zoning.

When I first began covering Wayne County for The River Reporter, I was astonished to learn that, of the 28 municipalities in the county, townships and boroughs, only 10 had zoning.

Coming from New York State where I have lived for 30 years, and as a reporter for The River Reporter and the Times Herald Record over the last six years in Sullivan and Orange Counties, I saw that almost all New York towns in these counties have effective zoning. Zoning regulations do not necessarily stop development projects (although that does happen) but they effectively control how the projects are presented and carried out.

A community can’t always stop a property owner who has worked out an agreement with some developer to build something or open a business. Property owners can use their property as they wish, unless it is in some way harmful or detrimental to their neighbors and to their property values.

The Pennsylvania Municipal Planning Code, for example, states that townships should provide for the extraction of some minerals that are needed for local building projects.

But again, not even the state can tell a township board how to handle such a project if it has zoning.

Local zoning is sacred, as all other local ordinances are sacred. Pennsylvania, like New York, is a home-rule state, which means local law takes precedence if there is a conflict between state law and local law, unless some greater good must be upheld.

Without zoning, a community is vulnerable to any willing buyer-willing seller agreement that can arise.

“These companies look for communities that have no zoning,” said Mark Carmon, Community Relations Coordinator for the Pennsylvania Department of Environmental Protection. He made the statement while conducting a public hearing at the Wayne County Courthouse three months ago on the proposed wind farm in Clinton Township.

Opponents of the wind farm and the prison have been vocal in their condemnation of the Wayne County Commissioners and of the county’s planner Edward Coar.

“The commissioners and Mr. Coar are in favor of development at any cost,” said Clinton resident Donald Goetz, an opponent of the windfarm. “Mr. Coar should be less partisan when he advises the county planning commission whether to back a project or not. He should present all sides of the issue.”

The commissioners and Coar, reflecting the viewpoint of a lot of short-sighted business people who look only at business from year to year, have been outspoken in support of the prison because of the jobs it will bring to the county. They are in support of the windfarm because it is a renewable source of energy and will also draw visitors and tourists to the area to see them.

One of the affected townships has already begun to take action to develop zoning.

“We’ve begun a planning board that is the first step in developing zoning in Clinton Township, but it’s a lot like locking the barn door when the horse has gotten away,” said Clinton resident Jim Parker. “We’ll be ready if any other developer comes along with a project that can adversely affect our community.”

Now, in the news we read that several other townships—Lebanon and Berlin—have begun the process, sometimes long and arduous, of developing a zoning ordinance.

This is the only sensible thing for a community to do.

Tom Kane, Staff Reporter