Local Gov’t 101 – What is a Zoning Hearing Board

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The Zoning Hearing Board of Lower Macungie was in the news recently. This is the second in a continuing series outlining local government in the greater East Penn area and how you can get involved in the decision making process! 

The Zoning Hearing Board (ZHB) is a “quasi-judicial” board that rules on requests for exceptions to the zoning ordinance. The Board also hears appeals from the decisions of the zoning officer. The zoning ordinance is the code of rules that outline what you can and can’t do with your property. The purpose is to protect the rights of landowners but also neighbors and the community at large. For example, if you live in a residential neighborhood, it’s supposed to protect you from someone coming in and building a warehouse adjacent to your property. The ZHB is not responsible for the content of a zoning ordinance but only the interpretation of the ordinance. It’s easy to see why appointments to this board are so important.

Boards consist of three regular members and alternate members, all of whom are residents of the municipality. Members are appointed by the governing board. The board must assure fair and equitable administration of the zoning ordinance. Though the board has some discretion in a township it is bound to the Municipal Planning Code.

All local municipalities in Pa with zoning ordinances have Zoning Hearing Boards. Macungie Borough, Alburtis Borough, Emmaus and Lower Macungie all have their own. Each governing body appoints officers.

Developers, business owners and residents can request relief. In large greenfield development project it isnt uncommon for developers to requests dozens of exceptions. A ZHB must exhibit caution to ensure relief is only granted in cases where it does not harm the general public.

Examples of recent topics during hearings in LMT:

  • A restaurant requested relief for an outdoor dining project.
  • A resident requested relief to build a fence in restricted flood plane.
  • Hamilton Crossings requested a variance allowing for up to 80% impervious cover. (Parking lots, roads, sidewalks and buildings where rainwater cannot seep directly into the ground)
  • Panera Bread requested a variances to allow for a drive through.

To receive an exception from zoning rules, an applicant must prove a “hardship” that warrants “relief”.

The ZHB is a critical part of municipal government. Appointments should be taken very seriously. Decisions made play a crucial role in the development and growth of a town.

Learn more about:
What is the role of a Township Board of Commissioners

Coming soon.
What is the role of a Borough Council/Mayor – Alburtis, Macungie, Emmaus.
What is the role of a Planning Commission
What are the roles of professional staff – Zoning Officers, Planners, Managers ect.
Roles of community Groups – How to get involved! Senior Groups, CEPTA, EPIC, Friends LMT, CFC, Historical Commission ect. ect.

Church Lane Bridge to remain Closed

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Church Lane Bridge to remain Closed

Officials in Lower Macungie aren’t sure when the Church Lane bridge in their township will reopen after getting notice from PennDOT to keep it closed.

Bill Erdman, the township’s engineer, said Thursday night that PennDOT issued a directive to keep the bridge closed.

Township commissioners in April announced they were closing the one-lane span due to an influx of traffic during construction on the nearby Spring Creek Road bridge.

 

MCall.com

LVPC comments on Allen Organ Ordinance

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Below are LVPC’s comments on the pending Allen Organ Ordinance. (allowing for apartments in commercial zones, sketch plan shows 75,000 ft supermarket and 200+ apartments)

Concerns seem valid. Interconnectivity is key. Not only inside developments but with exterior roads. This is how you limit the affect on traffic issues. We must stop developing via isolated pods that dump the majority of traffic primarily into large arterial intersections. Unless we want to start looking like Macarther Rd. New developments should have multiple entrances, exits and connections. Both for Pedestrians and Auto. This avoids funneling traffic into single large intersections.

The section reads “Direct access to an arterial road is required…..” which is fine, but the ordinance should go further encouraging additional connections to other local and collector roads. For example with the sketch plan floating around there should possibly be another truck access road off Gehman Rd. The ordinance should avoid allowing developments that funnel all traffic into one intersection. Traffic is a major concern in the township.

This sketch plan would create gridlock at Willow Lane and Rt. 100. The LVPC sees this. This should concern Macungie Borough as well. I hope they also provide comments. I know communities are getting fed up with Lower Macungie just doing whatever they want. Upper Milford and Republican Supervisor Rob Sentner in particular has expressed this.

So here we have another opportunity to see what this board does. Do they dig in and double down as they usually do or do they actually react to a comment by the LVPC. They rarely change ordinances after they are advertised.

Jaindl timeline… open and transparent process?

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We have to remember what transpired in 2010 at the polls.

The train was very clearly on the tracks and no amount of public comment was going to change the Commissioners pre-determined outcome. Nothing demonstrates this better then the memo below which became public record during the court proceedings.

The outcome was pre-determined the minute the board stepped into confidential executive sessions and negotiated a terrible alternative plan to a threatened quarry. Never were residents given a chance to weigh in on Quarry vs. Fight a Quarry vs. Warehouses/strip malls and residential in a meaningful way. This outcome was always predetermined, complete with timeline.

This is Ron Eichenberg, Ryan Conrad and Roger Reis’s version of engaging residents in a transparent process.

Strongtowns.org to host Smart Growth discussion in LMT

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On January 9th ‘strongtowns.org’ will host a curbside chat in Lower Macungie. The strongtowns message focuses on new strategies for the economic realities that face our communities.

For years communities have emphasized growth over resiliency. Sound familiar? Over the last 2 decades LMT has seen unprecendented growth. Strongtowns asks a simple question. With all the rapid growth have we adequately set ourselves up for the long term? Have taxpayer investments in growth and infrastructure produced a return on our investment moving forward?

Strongtowns compares ‘growth as the magic bullet’ policy to a ponzi scheme. This occurs when municipalities swap near term cash advantage for long term financial obligations. Stop and think about it for a second. We have officials who publicly support the Jaindl development by claiming we “need the taxbase”. Same can be said for Hamilton Crossings or the Allen Organ supermarket/apartment project. Ask yourself one simple question, after two decades of supercharged growth how can we possibly still need more taxbase. When does it end? Does it ever end?

As we approach total build out how do we begin to position ourselves for long term resiliency? What happens when there are no more greenfields and the developers have moved on to the next ‘green pasture’ and the long term infrastructure obligations must be maintained or replaced by township taxdollars. What happens when we need another fire station, a police dept, upgraded stormwater systems or a new High School? How do we continue to pay for all this without a massive tax increase?

Thats the core issue strongtowns focuses on.They support growing in a fiscally sustainable fashion where projects are reviewed from a lifecycle cost benefit and quality of life analysis.  They advocate for analyzing the status quo not blindly doubling down on it. Strategy that leads to financial sustainability not policy that relies on perpetual growth.

I hope to see you at this presentation. It’s certainly very thought provoking and relevant to the issues we as a community face now and moving forward.

Strongtowns.org presents a ‘curbside chat’
Date: January 9th

Where: Lower Macungie Township Building
3400 Brookside Road

Time: 8:00-9:30 AM

Local Gov’t 101 – What is the Township BOC?

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First in a continuing series outlining our various levels of local government in the greater East Penn area and how you can get involved in the decision making process! 

What is the Township Board of Commissioners? 

Lower Macungie is a township which is a level of local government. (Municipality) Local municipalities in Pennsylvania are either cities (like Allentown) Boroughs (like Emmaus or Macungie) or Townships. (Like Upper Milford or Upper Macungie)

Municipality -> County -> State -> Federal Gov’t

In Lower Macungie we’re governed by a board of 5 elected officials. The LMT BOC. In 2009 after a resident led advocacy effort we became a first class township. Previously we were 2nd. The difference is the organization. When we were 2nd class we elected 3 Supervisors. An argument was made by supporters (myself included) that a 1st class township is a more effective and transparent form of gov’t for a township as large as ours. In 2009 voters agreed 60-40% and we switched to 1st class.

Here is a great overview by Citizens for Change the resident group who advocated for conversion to first class township.

Commissioners are responsible for policy items such as setting the property tax rate, guiding growth policy, overseeing our park system and supervision of the professional staff including our planner, zoning officer, code enforcement officer and public works staff. Some hot button topics that will be discussed in the coming months include police protection, Smart Growth, storm water management and walkability.

To put it into practical terms that affect all homeowners, when you pay your tax bill, 3 local bodies have their “hand” in it. The School District, the county and your local municipality.  Growth decisions made in LMT also affect the school district in terms of enrollment and taxes. Land development decisions affect our taxes and our quality of life. Regulatory issues affect renters, homeowners and businesses in the township.

Commissioners serve on various committees that reflect other responsibilities. These were setup during the conversion to 1st class to make the decision making process more transparent. These include: Public Safety, Planning and Zoning, Public Works and General Administration. Some of these committees coincide with volunteer commissions and boards such as Parks & Recreation, Public Safety and Planning. These resident commissions advise make formal recommendations to the board. These are setup so that residents can attend these meetings to discuss concerns with commissioners in a less formal setting then a full board meeting.

How to get involved! Resident participation is key to local Government. Far too often residents become aware of issues when it’s too late. (Jaindl) It’s been my mission the last 2 years to ensure residents are aware of hot button topics. It’s very easy to get involved. In fact, our first class township is setup to be hands on. There are various committees and commissions residents can volunteer on. The township website always posts updates on what positions are available. You can fill out volunteer forms at any time and the township secretary will keep it on file and alert you when a position opens up.

Board of Commissioner meetings are the 1st and 3rd Thursdays of the month at 7pm. Committee and Commission meetings are always posted on the township calendar.

LMT Facts:
24 Square Miles
Over 30,000 residents (larger the the city of Easton!)
One of the fastest growing Municipalities in the State (40% growth over last 2 decades)

Next week: East Penn Borough Governments (Emmaus, Alburtis and Macungie)

 

My letter to Commissioners re: Walkability Willow Lane Elementary Corridor.

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A Stalker Board in conjunction with 15 MPH speed limit school zone. Stalker boards tell residents their speed and alert them to slow down if they are over 15MPH when the light is flashing.

Commissioners,

I’ve recently written about some suggestions for “enhanced” safety features for the Willow Lane Elementary Corridor. Specifically:
  • Considering stalker boards in conjunction with all 15mph lights and the long overdue school zone designation on roads where students will be entering the campus with priority on Willow Lane since it is a 35 MPH road.
  • Considering raised crosswalks on the interior of the school campus (This would be a EPSD responsibility)
  • Consider Lighted LED crosswalks similar to the borough of Macungie with a priority on Willow and Saurkraut.
  • Considering pedestrian refuge medians at appropriate crosswalks not located at intersections. (I believe there is one suggested by the district study on Saurkraut)

This is an opportunity to not only ensure students and parents safety but to support walkers and walkability in general. This board has on many occasions expressed support for walkable communities. There is no doubt that this corridor is very popular for bikers, walkers and runners of all types. Please consider these options when developing a safety plan for this corridor. These enhancements support the idea of our connector roads not just being mechanisms for shuttling cars but being complete streets (a tool of smart growth) that truly link our neighborhoods.

Respectfully,
Ron Beitler
5540 Lower Macungie Rd.

Friends LMT response to commonwealth court decision

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 We’re disappointed with the commonwealth court decision. Funding of this lawsuit was an overwhelming community effort by nearly a hundred individual donors making individual contributions ranging from 5 to 1000 dollars.Nearly a thousand residents signed the petition, multiple neighboring communities and smart growth advocates have condemned this zoning change as the antithesis of smart growth.

The details of the MOU (document allowing this travesty) were negotiated confidentially and decided unilaterally by seated commissioners without public input. By this action, the residents and neigbors of LMT were prevented from weighing in on the most significant zoning change in township history. A change affecting 5% of our township directly and all residents indirectly.

For now, the commonwealth decision is 22 pages and extremely complex. Moving forward the appellants will consider their options after the holidays. Friends will be open to supporting whatever decision they make. Remember, without overwhelming community support we wouldn’t have been able to stop this project. We sincerely thank all those who have put up a yard sign, contributed money, signed the petition or attended our events. The decision is ultimately the appellants but our organization stands ready to support the decision they make.

Ron Beitler – Outgoing Chair Friends for Protection of LMT

Friends LMT is a Smart Growth Resident Association. Our mission is to promote smart growth through education programs, advocacy and raising awareness. The past 2 years friends has supported the appellants attempting to overturn the Jaindl re-zoning to allow 1.5 million square foot of warehouses, Urban density tract housing and over a hundred thousand square ft. of strip mall just outside Alburtis on 700 acres of previously protected farmland. 

Join the conversation here on our facebook page www.facebook.com/friendslmt

Essential upgrades for walkable Willow Ln Elementary

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Enhanced safety features ensure safe walking routes for students and parents at Willow Lane

Here are some enhanced safety features I think need to be considered before students are permitted to walk to Willow Lane Elementary next year. Here is a link to the walkability study conducted by PA safe routes to school. The study makes dozens of recommendations which in my opinion should be considered the bare minimal acceptable improvements to the 3 designated walking routes. I would like to see the following additional safety features considered by township and district officials in an effort to go above and beyond the bare minimum.

1. Lighted LED crosswalks similar to ones installed on Main. St. in Macungie.

Lights are embedded in the pavement on both sides of the crosswalk and oriented to face oncoming traffic. When the pedestrian activates the system by using a push-button, the lights flash warning motorists that a pedestrian is in the vicinity of the crosswalk ahead. These should be installed where appropriate at the busiest intersections.
Cost: Ranging from 5000-12,000 per system

2. Stalker Boards in conjuction with flashing 15 MPH school zone signage.

Stalker boards are electronic signs that display the speed of motorists as they drive past a point. Completely self contained these units are proven to significantly reduce speeds in school zones. These should be used in conjuction with flashing yellow lights and 15mph zones. (See photo)
Cost: Ranging from 6,000-10,000

3. Raised crosswalk/Pedestrian Medians

At crossing points where guards will not be located on connector roads and interior driveways on district property raised cross walks or pedestrian refuges should be installed as a traffic calming and pedestrian safety device.
Cost: Raised Crosswalk-$2,500-$7,000

To stay informed on upcoming township meetings where walkability is addressed “like” us on facebook! www.facebook.com/friendslmt

Upper and Lower Milford question proposed LMT ordinance.

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Here is one letter sent by Upper Milford Planning Coordinator Brian Miller:

I spoke out against this proposed change a few months ago. Specifically I questioned the definition of a “Small” project…. This proposed ordinance allows for projects up to +10,000 increase impervious/building to qualify for expedited review. Meaning that potentially they could by-pass our planning commission. The planning commission is resident oversight on development plans. And as the letter mentions is vital making sure long term planning objectives are met.

Mcall – Upper Milford supervisor chides Lower Macungie over ordinance proposal