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Following a public hearing and a 10-minute executive session, the East Hanover Township Board of Supervisors agreed to table action on zoning ordinance and zoning map amendments Monday.
The proposal would rezone 29 acres near SR 22 and Mill Road to light industrial (LI), 33 acres near Jonestown Road and Yordys Bridge Road to low-density residential (RLD), 19 acres west of SR 934 to general commercial (GC), and 261 acres east and west of SR 934 and north and south of I-81 to industrial (I).
Multiple residents complained that their land, now zoned agricultural, would be changed to residential or industrial under the updated zoning.
Mark Smith of the planning commission explained that the goal of the recently adopted comprehensive plan and zoning changes was to preserve the agricultural heart of East Hanover, which is 56 percent agricultural and 27 percent institutional (with Fort Indiantown Gap nearby).
Municipalities are, legally under the “fair share” doctrine, required to have usable land of different zoning districts including residential, commercial, industrial and agricultural, among others.
“I’d like to make the whole township ag, but we can’t do that because of the restrictions,” supervisor Dennis Grubb said.
Smith said that, in the long-term, the township needs residential land connectable to the sewers, and industrial land near state roadways. Current nonconforming land uses will be protected, but he says the goal is to plan for the future.
He said that a highway-adjacent I district would allow industrial developers to avoid directing traffic onto township roadways, which they would need to do in the township’s existing industrial zone.
Residents asked if existing agricultural use could continue, to which Smith said it could, but that nonconforming uses could only be expanded by 50 percent following the zoning change’s adoption.
Supervisor Ed Heagy voiced concern with this, calling it “very restrictive.” He later added, “We need to plan for the future, but we also need to respect our residents.”
Some residents voiced that much of the land proposed to change to industrial may be largely undevelopable as a result of wetlands or stormwater requirements.
“Rezoning does not eliminate or change the requirements for development and doesn’t allow you to develop wetlands,” said Smith, which prompted a question on whether the change would open the township up to litigation based on the fair share principle.
Smith said violations of fair share aren’t cut and dried, and the board said they may need to consider that further. Prior to the official start of the supervisors’ monthly meeting and following the hearing, supervisors held an executive session to discuss “potential litigation.”
Once the board meeting opened at around 8 p.m. (later than the typical 7:30 p.m. start), supervisors agreed to table passing the zoning changes for now. They plan to re-discuss with the planning commission to see what changes, if any, should be made.
Department of Veteran Affairs request zoning changes
The change to 19 acres west of SR 934 to general commercial was proposed at the request of the Department of Veteran Affairs, said Smith.
The department is working on amendments to state law that would allow the state to lease land outside the military base to private entities, Smith said he was told in a meeting with a representative.
It is unknown at this time what types of businesses the department would consider renting land to, or when these plans would come to fruition.
The board also heard that a zoning hearing will be held to determine whether applicants can acquire a variance to establish a 1.28 megawatt principal solar energy system on Nov. 13 at 7 p.m.
The 75 Pleasant View Road agriculturally-zoned property’s application did not meet the township’s requirement for establishing a principal solar system, or solar system large enough to sell solar energy, so the township is not in support of the variance.
Supervisors agreed to send a supervisor and the solicitor to the hearing on their behalf.
In other news, the board:
- Unanimously agreed to authorize the solicitor to prepare an update to the township’s right-to-know request policy, including a policy that anonymous requests will not be processed.
- Unanimously agreed to approve a stormwater management exemption for 7 Coon Creek Road, where owners plan to build a 2,500-square-foot barn. The property will still be under the impervious coverage requirements.
- Heard the Apple Cider Festival had excellent turnout and earned $12,751.66 in profits. Organizers asked to donate 10 percent to a nonprofit, and supervisors directed them to come back with a specific 501(c)(3) in mind.
- Unanimously agreed to purchase a new lawn mower from Eblings for $25,110.
- Unanimously agreed to accept a $16,430 bid from Andrew Martin Builder for new roofing for a pavilion and the caretaker’s garage.
- Unanimously agreed to approve meeting minutes.
East Hanover Township meets the fourth Monday of each month at 7:30 p.m. Meetings are open to the public and do not require prior registration.
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