Fairness and Equal Treatment
Fairness and equal treatment have always been a cornerstone of American Democracy. It is inherently wrong to apply laws and policies unfairly, giving special treatment to some and not others. However, that memo apparently didn't make it to the East Cocalico Township Board of Supervisors. Just three examples follow (all from the Benderson "Secret Shopping Center" project, an issue I am very familiar with), but I suspect that many others are out there that could greatly expand this list.
Zoning Ordinance Revisions
When a developer wants to construct a project, the usual way to deal with provisions in the Zoning Ordinance that do not fit with the Developer's plans is to submit a plan showing what the Developer wants to do, and then request a variance or exception from the Zoning Hearing Board. In many cases, the Zoning Hearing Board will grant Developer's requests if they are reasonable. This system protects both the interests of the Township and its residents, and the needs of developers.
When Benderson Development approached the Township back in April of 2005 wanting to build an enormous shopping center in the Township, they took an entirely different approach. They knew that their requests were so far outside of what the zoning would allow, that they would certainly be denied if they went before the Zoning Hearing Board. They used an entirely different strategy. They decided to have the entire shopping center section of the Zoning Ordinance rewritten to suit their wishes.
In a series of closed-door meetings between the Developer and representatives of the Township (being extremely careful to keep it legal by never having a quorum of the Board of Supervisors present), the Developer convinced the Board of Supervisors to act on their behalf and to revise the Zoning Ordinance to fit this one project (see details and documentation here).
The real problem with this approach is that it lets the Developer get changes to the local zoning regulations without ever having to disclose what is being proposed. All we know is that it is some sort of commercial facility. They have still refused to even tell us what general type of establishments are being planned. There is an informal "concept plan" showing something that might be coming, but that may have nothing to do with what is really going to be built when they really do submit an official plan. Click here to see a list of the possible facilities that the Developer had included in the newly revised ordinance.
Does it really serve the public's interest to keep the details of this project a secret? Who is looking out for the interests of the Public? Certainly not the Board of Supervisors. They are representing the Developer's interests. My question is "Why?"
By taking this approach, the Developer succeeded in getting the Supervisors to both amend the text of the Zoning Ordinance and to rezone adjoining land, both of which were primarily directed towards increasing the size of the project. According to calculations done by an independent licensed PA Professional Engineer, these revisions more than doubled the potential size of the project.
At the first public hearing on the Zoning Amendment (August 6, 2006) I asked why this developer was getting such special treatment. No other developers that I know of have talked the Township into completely re-writing a section of the Zoning Ordinance for just their project. I was answered by more than one Township Official that it was not special treatment, and that they do that for all the developers. Yeah right... I followed this hearing up with a PA Right to Know Law request for copies of minutes from another meeting in the last two years where that had been done for another developer. They were not able to document a single case for me in which that had happened.
Riparian Buffer Zones
E & J Development has a plan under review for what was to be an approximately 53 lot residential subdivision located off of East Church Street between East Cocalico Heights development (Summers Drive) and Whitetail Drive. In the 2003 Cocalico Region Strategic Comprehensive Plan, the Township along with other local municipalities established "Riparian [i.e., river] Buffer Zones" to protect rivers, streams and wetlands from the harmful effects of development. This was an important ecological step forward. In the Riparian Buffer Zone Ordinance there is a provision for getting relief from portions of the buffer requirement by requesting a hearing before the Zoning Hearing Board.
On September 13, 2006 the Developer and Engineer for the E & J project presented their case at a Zoning Hearing Board meeting to ask for the ability to put two storm water detention basins and a few building lots partially into the riparian buffer zone. After a very long hearing with testimony from various experts and other individuals, the Zoning Hearing Board (at their next meeting on October 11, 2006) voted to give them partial relief to allow them to construct the detention basins in the buffer zone. However, they rejected the developers request to allow the construction of houses in the buffer zone.
Exactly one week after the Zoning Hearing Board voted to only give partial relief to E & J, at the October 18, 2006 meeting of the East Cocalico Board of Supervisors they voted to approve the revised Zoning Ordinance for Benderson Development's "Secret Shopping Center." In this revised ordinance, originally written by the developer, was a provision to remove almost three quarters of a mile of mapped Riparian Buffer Zone from the zoning map so that it wouldn't interfere with their project. At that public hearing, from the microphone, I specifically asked the Supervisors to comment on the removal of the Riparian Buffer Zones. But when the time came to vote, not one word was said about it. With a word, the Supervisors sent three quarters of a mile of ecological protection into oblivion, an action that the Lancaster County Planning Commission had urged them not to take.
Use of Private Wells by Developers
Part of the revisions to the Zoning Ordinance requested by Benderson was for them to be allowed to use private wells to supply water for their project until Authority water system upgrades are completed. The Authority's water supply is currently limited and they have a ban on new connections like this. No other major developers that I am aware of have talked the Authority into the use of private wells. The Board of Supervisors has apparently tried twice to get the Authority to allow Bendrson to do this, but in both cases failed (see Authority minutes of 5/11/2006, page 5, and 9/14/2006, page 6). Failing there, they then approved the revised Zoning Ordinance, which included a provision permitting Benderson to use private wells. More details on this issue is found here.