1768 Pebbledash Drive
Hershey, PA 17033
March 28, 2004
The
Hershey Chronicle
513 W. Chocolate Ave.
Hershey, PA 17033
Dear Editor:
I am writing to respond to two erroneous statements made in last week’s paper by one of the landowners involved in the petition to rezone the Nye-Hart properties. First, the Concerned Citizens group that is opposing the developer’s rezoning petition has not stated that the only two options are “housing or … open space.” In fact, we have stated in public hearings, group meetings, and on our website—www.PreserveHershey.org—that the land is private land and that the “current zoning of the land allows the landowners to build homes on this land now: one home for every five acres.” That is a direct quote from my comments at the March 2, 2004 hearing before the Township Planning Commission.
The fact that the land can be developed—at low density—is one of the reasons why the land should not be rezoned. The landowner can be compensated for the land without changing the Comprehensive Plan or changing the zoning laws. While the owner will receive a lower profit than what he expects to gain from a much denser, 70-house development—it is what the law allows. Perhaps the more appropriate question is whether a landowner should feel entitled to receive a “residential” price for “agricultural/conservation” land.
Simply put: a landowner is entitled to seek the maximum profit he or she can get for a piece of land; but a Township is not required to change a zoning law just to ensure that maximum profit.
In fact, the Township must consider whether such a change actually helps current residents. Many feel that changing zoning laws simply to allow an owner or developer to maximize their profit is unwise, largely because the rest of the community must bear the burden of the increased traffic, increased water runoff and other environmental impacts, and the costs associated with increased school enrollments that come from adding more dense housing developments. Such rezoning decisions are even more unwise when one realizes that a single rezoning decision is likely to lead to more requests to rezone other agricultural/conservation land. Then what is the community left with? Sprawl, and the lower quality of life that comes with it.
Second, it is important to put in context the developer’s plan to donate part of the land for a park. As part of a rezoning decision, a developer cannot be bound by a plan to donate land to a community. Such an arrangement—in which a developer makes certain promises to a community in exchange for zoning changes—is called “contract zoning” and is illegal in Pennsylvania. This makes sense, because if such arrangements were permitted, a community’s zoning laws would essentially be available “to the highest bidder.”
In addition, the land that is proposed to be donated is largely undevelopable. That is, houses could not be built on it because of the severe slope of the land—some of the hills exceed 100 feet in elevation. In short, most of this “park” land could not be developed with homes or other structures. So, while it is a good idea to preserve the land, there is little else that could be done with most of it.
The response that we have received from the community on the issue of rezoning agricultural/conservation land shows me that Hershey residents care deeply about the community in which they live. When decisions affect the community, residents want those decisions to benefit the community, not harm it.
People in this community—and not just those who live near the Nye-Hart properties—are concerned about traffic, the tax burden of new developments, water drainage and quality, the existence or disappearance of open spaces, growing school enrollments, and general quality of life. They are concerned about what will happen if the Township starts changing its Comprehensive Land Use Plan to benefit a select few. They are speaking up by coming to meetings, writing letters, posting yard signs, and volunteering to help with our public awareness campaign. I urge them to continue their efforts, so our Township leaders will know that residents care about land use decisions and will reject petitions to rezone forest and farm land.
Sincerely,
Joseph Miller
Hershey