ISSUES THE
FOLLOWING GENERAL RELEASE
ISSUES THE
FOLLOWING GENERAL RELEASE
HERSHEY, PA. (April 1, 2004). Concerned Citizens has become aware that officials of Derry Township have recently begun to confiscate yard signs and take other actions to undermine our yard sign campaign. The yard signs, which read “STOP SPRAWL” and “NO REZONING,” are part of a campaign to raise awareness among Township residents about the harmful effects of rezoning agricultural/conservation land. Concerned Citizens has been working to oppose a developer’s proposal to amend the Township’s Comprehensive Land Use Plan and rezone over 120 acres of forest and farm land in order to put in a 70-house development.
We are aware of two related actions that Township officials have been taking. First, they have been confiscating signs in what they term “public rights of way.” Unfortunately, the Township does not define what a “right of way” is, so some residents who thought they were simply putting a sign in their front yard had it summarily taken away and discarded, because a Township employee made a judgment—without notifying the resident or offering an opportunity for objection—that the sign was too close to a public road. If this has happened to any resident, we urge them to (1) call the Township office, (2) ask that their sign be returned, and (3) ask for specific instructions from the Township about where the “right of way” is in relationship to their yard.
Second, Township officials have informed us that they will be sending “notices” to residents who posted signs in their yards. We understand that those notices will instruct the resident to remove the sign or face some type of sanction. We urge any resident who receives such a notice to (1) appeal the notice to the Zoning Hearing Board, and (2) call the Township with questions about why they were given the notice. Our understanding is that this appeal will effectively halt all action by the Township, thereby allowing the resident to keep the sign in their yard while the appeal is pending.
We are particularly concerned about these actions because there were two very well publicized yard sign campaigns in the Township in the past two years (one to “Stop the Sale” of Hershey Foods and one to retain the former school district superintendent). We have no evidence that actions like the present ones were taken against citizens who expressed those views on those matters of public concern. We are hopeful that the Township is not singling this issue out for adverse action, because if it were, it would clearly worsen the situation.
It is also our understanding that Derry Township’s sign ordinance essentially bans all forms of yard signs on matters of public concern. Outright bans of this type have been struck down repeatedly by courts across the United States as unconstitutional violations of citizens’ First Amendment right to Free Speech. Joe Miller, the Concerned Citizens’ chairperson, stated, “As we all know, courts are very protective of the right to Free Speech, and yard signs opposing sprawl and opposing rezoning of land is a clear example of citizens’ exercising that precious right.” Government cannot suppress that speech just because there are powerful interests are on the other side who don’t like the opinion that is being expressed.
It is clear that the Township needs to update its sign ordinance to permit Free Speech, and we will seek to work with Township officials on that issue. If it does not make such changes however, and it punishes any resident for expressing an opinion on an issue like this one, we will be forced to explore avenues that will allow residents to protect their constitutionally-guaranteed rights.
Miller added, “The issues of land use and zoning are fundamental to maintaining quality of life in a community. Citizens need to take part in a discussion of these issues so our leaders know that we don’t want decisions that will harm our community. Despite all the tools of modern communication, a yard sign with a simple message like ‘NO REZONING’ sends a powerful message to our fellow residents and community leaders about how we feel about these issues. Crushing that expression won’t make residents’ opinions go away—instead it will strengthen their resolve. We believe that these recent events will further raise awareness among community members about land use issues and will further galvanize community opinion against these rezoning requests.”
The Concerned Citizens group will hold its next meeting on Wednesday April 7 at 7:00 at the Hershey Methodist Church at 64 West Chocolate Avenue in Hershey. An update on the yard sign campaign will be among the topics discussed at that meeting. Concerned Citizens urges Derry Township residents to attend the hearings on the Nye-Hart rezoning request—which will be held on April 22 at 6:00 p.m. and April 28 at 5:30 p.m. at the Derry Township Building on Mill Street (behind the Police Station)—and let our Township leaders know that they oppose rezoning of agricultural/conservation land and want land use decisions that benefit the people of the Township.
ABOUT CONCERNED CITIZENS TO PRESERVE ZONING:
Concerned Citizens to Preserve Zoning is a group of Derry Township
residents that has been working together for nearly three years to oppose
developers’ requests to rezone farm and forest land to build new residential
subdivisions. Currently, the group
is opposing a request to rezone over 120 acres at the southern end of the
Township, known as the Nye and Hart tracts.
This land is primarily forested and its steep ravines make it unique in
the Township.
A flier accompanying the yard signs read, in part, “We do not oppose growth and expansion, but we do believe that land use decisions must benefit the people of the Township.” It is important to understand that the land at issue in the current dispute can be built on as it is currently zoned—with one home per five acres. When rezoning occurs in order to allow denser developments—like the one proposed here—it harms those who live in the community: “increasing the tax burden on schools and towns; straining road systems; undermining the quality of water, soil, and air; reducing the amount of open space; and generally undermining the quality of life in a community.”
More information can be found on our website, www.PreserveHershey.org.
You may obtain more information about Concerned Citizens to Preserve Zoning by contacting Joe Miller at 787-5500 or 533-0443, or sending an email to derrycitizens@aol.com.