Agricultural ordinances introduced
By MICHAEL HIRSCH
Special to The Press
The first item on the agenda at the North Whitehall supervisors’ Dec. 6 meeting was an agritainment/agritourism ordinance.
Township Solicitor Lisa Young explained.
“This ordinance was proposed to allow additional options to be available to folks who own farm and agriculture type land,” Young said. “This ordinance has been advertised and has also been reviewed by our local commission, as well as the Lehigh Valley Planning Commission, and has given a favorable recommendation.
“There are two basic types of uses that are addressed in this ordinance. Both are special exception uses in the zoning ordinance.
“These uses are in addition to the normal farming and agricultural uses. So, it provides an additional opportunity for some of the different uses that aren’t necessarily part of the normal farming and agriculture and production sale uses.”
The first question was from Allison Czapp, director of Buy Fresh Buy Local, Greater Lehigh Valley, in Easton.
“It’s a way of maintaining farming in an area that may or may not be able to produce revenue for the family who lives there,” she said.
She questioned the requirement of using a minimum of 10 acres, as listed in Section 4. Additional Requirements for Agritourism.”
Young explained that requirement.
“This isn’t to regulate the farming uses as in place now. This is in addition, and relates to the additional uses that might not otherwise be allowed, on that parcel.
“The actual crop raising areas, there may be a market, actually on the farm to sell some of the produce off the farm land. There may be sales directly out of the farm. This is not to regulate those activities. This is for the additional things like festivals.”
Other residents had questions and expressed confusion.
Young clarified the issue.
“The state laws are aren’t changing. This doesn’t make any of these state protections go away, and your normal farming operations like the things that you described, that are in place.
“This would kick in if you wanted to do something additional. Perhaps have a wedding venue or something like that.”
In other matters, a motion was made to approve the preliminary/final plan for Kornfeind’s Apartment. The motion was approved.
A time extension for The Riding II was approved until June 30, 2022.
The Girl Scouts requested to use the firehouse parking lot to distribute cookies this year.
“The dates would range from Jan. 8, 2022 through March 10, 2022. They did supply their certificate of insurance.” Township Manager Chris Garges, said.
The 2022 tax resolution was approved.
“This establishes the 2022 tax rates as follows: real estate to be quite 6 mil, assessed valuation streetlight assessment will be based on a flat rate of $45 for residential and $1,825 for institutional and the real estate transfer tax at the rate of one half of 1 percent,” Secretary/Treasurer Brenda Norder said. “The earned income tax at the rate of one half of 1 percent and the local service tax at the rate of $52. It’s $47 for the township portion and $5 for the school district.”
Next there was appointment of a CPA.
This was described as an annual appointment of France Anderson Basile and Company PC to conduct the township’s fiscal year 2021 audit. This motion was approved.
An authorization was made to amend the employee handbook.
“Yes, this is just a one time request,” Garges said. “If you remember we did actually do this last year due to COVID. With the inability to travel particularly earlier in the year, we do have some employees who have some vacation. This would allow them to do this.
“A motion by the board would allow that for next year to rollover up to 16 hours through the first three months of next year.” The motion was approved.
Resident Joan Strong spoke about the 10-year plan and felt it is an educational experience and felt the multi-municipality plan is important and then asked if she could introduce Bob Elbich.
Elbich is not a resident of the township but is a Lehigh County commissioner, and has served as chairman of the Weisenberg Township Zoning Hearing Board, Lehigh County Conservation District and as a board member.
He wanted to make a few comments about the North Whitehall long range plan.
It’s not sufficient to do the things that are needed for farmland preservation … ” he said. “A farm is a very valuable asset. And the development pressures that we’re seeing in the county, in the region are just astronomical.
“And the forces that are causing the development to impede into the farmland areas are dramatically unbelievable in terms of financial aspects.
“So despite the fact the township is trying to help with regard to farmland preservation, it’s not going to do the trick all by itself.
“So what are what other tools do you have? You have your zoning regulations in accordance with the multiple municipal planning code, but that’s a blunt instrument. Again, the zoning board as the chair and making decisions, you can’t just arbitrarily say, Gee, I don’t want this development going in here. So I’m not going to approve it.
“The state laws require that you do that. And with regard to the state laws and municipal planning commission, if you are a township standing by his own, by the MPC, municipal planning code, you’re required to permit every single use in your township that can be developed. That’s the law, you have no choice which means you have to be able or be ready to develop anything.
“Whereas with a multiple municipal planning commission, which is a group of municipalities that band together in an agreement, every municipality does not have to develop every possible use. So you’re taking the blunt instrument that we miss or playing code, and making it a little bit more precise with regard to plan development and strategic planning going forward. And, that assists by permitting townships to not have all the possible uses in their township, and you can be much more precise in terms of your zoning authority.”
He went on to refer to a survey from the Comprehensive Plan review and the first question: “Currently, what do you like most about North Whitehall Township?”
Elbich continued.
“I see preserve farmland, I see less commercial industrial use, fewer warehouses and one big item, the lack of ordinances to control commercial expansion. So these are the things that your residents are asking for,” he said. “Most municipalities aren’t interested in that they don’t want to do it. So just to set the record straight. The facts are from the Lehigh Valley Planning Commission … 23 municipalities I’m leaving out Allentown and Bethlehem cities. 14 of those municipalities, which equates to 60 percent are either part of a multi-municipal plan, or in the process of doing it now.
“Those municipalities include Heidelberg, Lynn, Lowhill, Weisenberg and Washington townships, Slatington, Lower Macungie, Macungie, Alburtis, Emmaus, Lower Milford and Upper Milford, Catasauqua, and Hanover Township in Lehigh County.
“So all of the these townships that have farmland and rural areas are joining together in multimunicipal plans for their comprehensive plans, so that they don’t have to develop all kinds of development within their region, and they can be much more flexible in terms of development effect.”
At the end of the meeting, Supervisors’ Chairman Ronald J. Heintzelman presented a plaque to Mark Hills which was presented by the Pennsylvania State Association of Township Supervisors in recognition his “over seven years of service,”
Chris Garges explained that Hills’ term expires at the end of the year.