Letter to the Editor (Credit: Unsplash/Digital Content Writers India)
Towamencin charter drafters say effort bypasses public review and puts community at risk
As former members of the Towamencin Government Study Commission who co-wrote the Home Rule Charter, we want to be clear: the petitions now circulating to change zoning for specific parcels are not only misguided, we believe they violate the law.
Here is why in plain terms. In Pennsylvania, zoning can only be created or changed by the elected governing body after public notice, planning review, a hearing, and a vote. You cannot do it by petition or ballot question.
Towamencin's Charter also says voter initiatives cannot be used where they would violate Pennsylvania law. Additionally, the Pennsylvania Department of Community and Economic Development is clear about the limits of initiative and referendum in Pennsylvania.
They spoke at length about this very issue during one of our meetings. Residents should also understand the practical risks if this were adopted. A one-off change aimed at a couple of properties can ripple through the whole zoning district. Existing properties, such as condominium developments, could suddenly not meet the new zoning requirements.
That means if a fire, flood, or other disaster destroyed the buildings, owners may not be allowed to rebuild them the same way or at all. That kind of uncertainty drags down property values, makes insurance harder to collect, and makes financing more expensive. This is just another reason why zoning recommendations and decisions reside with planning commissions and elected officials.
Finally, spot zoning is a lawsuit waiting to happen. Courts scrutinize singling out a small area for different treatment, and fights over spot zoning are common and costly. While the petitioners claim this is not spot zoning, the fact is that the Freddy Hill tract is the only area large enough for this zoning change.
Another lawsuit is the last thing Towamencin needs, and these types of lawsuits often end with developments with even more units than the ones that are trying to be stopped. We wrote the Charter to ensure transparency, accountability, and lawful planning.
The petition may sound appealing, but it cannot do what it promises. The right path is through the Planning Commission and the Board of Supervisors, in full public view, following the process the law requires.
Jenn Foster, Tina Gallagher, Gisela Koch, Joe Rumsey, Mark Warren
Former members of the Towamencin Government Study Commission
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