How to protect your home and neighborhood from development that can hurt property value
The biggest mistake most residents make when they purchase a home (which for most is the largest investment they will make) is not checking to see how their land is zoned or the land located around them. They literally risk tens of thousands of dollars or more through this oversight.
I’ve had this discussion with many residents explaining to them that when you wake up one morning and you walk out on your porch with a cup of coffee and a bulldozer sits on that adjacent piece of land getting ready for site work for a new warehouse, you unfortunately will watch the value of your property decline and there is nothing you can do to stop it. Every resident needs to understand that even more so than national politicians, local officials have a greater ability to impact your quality of life and net worth by simply changing zoning.
How it is supposed to work, the basics. The Municipal Planning Code directs every community in PA to develop and update every 10 years, a comprehensive plan through engagement with local citizens and business leaders. The plan answers basic questions such as: “What do we want our community to look like over the next 10 years?” “Where do we want to see growth take place?” "What kind of development and what types of businesses do we want?” "What farmland and agriculture do we want to see protected?” A good gauge of your local government is to ask them to explain the status of the comprehensive plan. Many municipalities ignore the comp plan because it takes money to update, and it has no statutory authority.
Once the comprehensive plan is in place, zoning regulations are adopted to support the comprehensive plan. It’s the zoning regulations that matter. Zoning has statutory authority. If you remember nothing else from this primer never forget this: when zoning regulations are changed outside of the comprehensive plan, your local officials are picking winners and losers. How so? If you live next to a parcel of land zoned commercial and the zoning regulation doesn’t allow for warehousing but is changed through a public hearing requested by the landowner to allow warehouses, there is little you can do to stop a warehouse from being built after this zoning change is approved. This is great for the landowner who gets to sell the land at a huge profit, but not so good for the surrounding residents.
Let’s take a moment here and talk about taxes. One of the most common pitches you will hear from developers is all the additional tax revenue their project will bring to your community. They NEVER want to talk about the cost of community services to support that development once it’s done. Nor do they want to talk about the impact on your quality of life.
Think about it. If what developers and local officials hype is that more development leads to more tax revenue, then why are we not all living in industrialized areas enjoying a significant advantage in what we pay in taxes? There are two main reasons, cost of community services and school tax leveling. Farmland by its very nature requires no police or fire departments, no additional roads or infrastructure. A warehouse needs all those services. Most developments barely break even or provide a slight advantage after considering the cost of community services. Some types of development are money losers.
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The second reason is school taxes. One of the dirty little secrets most people don’t understand is that the second largest income stream for school districts in Pennsylvania is money given directly from the state. However, there is a state formula that determines how much money is given based on the size of the real estate tax revenue taken in by the school district. The richer a school district becomes from growth in real estate taxes due to development, the less they get from the state as the formula is designed to channel money to poorer school districts. So, the next time you hear your local officials or developers trying to sell their project based on the huge windfall in tax revenue, take what they say with a grain of salt.
Local politics matter! One of the interesting paradoxes of local politics is how little having an R or D behind the name matters. Local politicians are dealing predominantly with local land use issues and if there is a great opportunity for Rs and Ds to work together, it’s at the local level. How many of us though, are guilty of going into the voting booth and looking at the names of those running for Township Supervisor or Borough Council and voting simply based on what letter is behind their name? How does that R or D running for office feel about development and zoning? Have you taken the time to ask them? When a local politician is canvassing your neighborhood, listen to what they have to say. Ask them questions about your community that are important to you. Most important, get involved and attend those municipal meetings.
If you live in a development with a Homeowners Association and one of the Board members of the Association is not regularly attending municipal meetings, this is a mistake. Most local politicians win their seat by a few hundred votes or less. A representative of a Homeowners Association will carry significant clout because they may represent enough votes to make or break a local politician. You should always insist that your Homeowners Association send representatives to every local municipal meeting.
Finally, whenever you see a sign posted on a piece of property signifying an upcoming hearing, you should make plans to attend and start spreading the word to neighbors. Many times, a development project will need waivers or variances that require approval for the project to continue moving forward. This is an opportunity for you to rally support for or against a project. I think residents sometimes shy away from attendance because they feel they aren’t educated enough to say anything publicly. It’s OK to feel that way. Most of those in attendance feel the same way you do and some of the newly elected officials may not know much more than you.
I hope this has offered help to those of you that feel intimidated by the workings of local government and motivates you to get informed and involved. I know we are all busy these days, but it is incumbent on each of us do our part as citizens of our local community.
Jerry Otterbein is a retired Air Force Brigadier General and a 787 Captain for American Airlines. Jerry and his wife Nedette have resided in Hellam Township for 32 years.
This article originally appeared on York Daily Record: Protect your home from development that can hurt property value