Vested Rights and Land Use Law - Newlin Township

Was anyone at the Monday meeting? Any updates?

I was there. So was Boyd! The supervisors read a statement at the beginning explaining the history and how they have had 6 million meetings that were open to the public, and now that they have spent a gazillion dollars on writing the ordinance they are only now getting feedback. But it sounds like several of the farm owners have been offering feedback all along, but the supervisors weren’t listening.

Basically, an ordinance regulating boarding/lesson barns has been in place since 1980, and was revised in 1990. But it has never been enforced. So in the past 34 years, many people have bought land, put in big barns, indoors, etc, with permits from the township, but were never informed by the township that in order to operate legally, they needed to obtain a “special exception”. All facilities operating before 1980 were grandfathered in. But all the facilities established from 1980 to the current time will not be grandfathered in under the new ordinance, because they are not operating legally.

The old ordinance had the 2/1 acre ratio of 1st horse/each additional horse. The new one that is being considered has the 3/2 ratio. There was no explanation as to why this was changed. The new ratio only affects commercial operations and not private farms. But if you have just one boarder that works off board with mucking and feeding you are considered a commercial barn. Another regulation that I thought was quite unreasonable was that the facility could only operate during daylight hours.

Anyway, a lot of farm owners spoke and argued why this was a terrible idea, with lots of applause from an enthusiastic audience. Jessica Ransehousen spoke. She built her facility in 1980, so would just miss getting grandfathered in.

Anyway, in the end the supervisors voted to delay the vote by a month, to let all the farms not in compliance apply under the current regulations (which costs $1500). But a farm owner said she had tried to do this, and to do so she had to have a $30,000 survey of slopes, etc done (which it sounded like she had done). The lawyer for the supervisor said the current ordinance did not deal with slopes. So the person in the township that does the permits doesn’t even know what is in the current regulations!

Also, the lawyer for the supervisors basically let us know that they are not going to accept any input from the horse folks, and that the vote is a done deal. The month delay is just to allow time for farms to apply under the old law. There was much talk of dictatorship after the meeting.

I bet they will not transfer the non compliance with the the future sale of the property. Good luck trying to sell any equine facilities in the future.

What a shame and so terribly short sighted. I just hope this doesn’t result in people selling off their farms to developers. Congratulations to those folks who started this whole mess…Karma is a B**** and I hope it revisits you tenfold.

[QUOTE=Pandora;7754141]
What a shame and so terribly short sighted. I just hope this doesn’t result in people selling off their farms to developers. Congratulations to those folks who started this whole mess…Karma is a B**** and I hope it revisits you tenfold.[/QUOTE]

That was the point that many of the farm owners made. Horse farms are typically the last farms standing as areas became more developed. And as I mentioned earlier, 2 of the 3 supervisors are involved in land development, so there is an obvious conflict.

[QUOTE=kcmel;7746582]
I live in Newlin township but haven’t really been following this until recently. But I will say our township supervisors are more interested in land development that land preservation. Two of the 3 township supervisors are in the construction business.[/QUOTE]

Is there a Master Plan for the township?

I was on Planning & Zoning for a little over ten years, in Texas a city must have a Master Plan and all ordnances must be in-line with the intent of the Master Plan.

Over my tenure I was able to embed the right to maintain horses within the city limits. Yes there are restrictions but the restrictions are fair and within limits.

The only way the city can now pass a restriction that exceeds the intent of the Master Plan is to revise the Master Plan

IF additional ammunition is needed you might want to talk with the Audubon Society about establishing a bird sanctuary… when I was faced with a developers plan to run a road through the back of our pasture to open up undeveloped land I contacted the Audubon Society about establishing an urban bird sanctuary… I was going to provide them with the same land the city wanted to take to build the road… after a second though the city backed off not wanting to battle the Audubon Society in the news.

http://conservation.audubon.org/

My understanding is that 1500 is probable just the fee. You do have typically support that with plans and surveys which show WHY they should give the exception. And THAT costs $$$. You also should hire a lawyer. It isn’t something as simple as making a payment. But they are right that a lot of these restrictions are on the books in most of these townships. As I said, I had to go through a VERY expensive process to get my barn built including having two landscape engineers design landscaping designed to screen from my neighbors and multiple plans showing lighting in an indoor wouldn’t bother neighbors etc.

and yes. I wouldn’t be able to just sell my farm to anyone. They would be subject to the conditions of the township which do limit operations during the night. It doesn’t mean someone can’t come take care of a sick horse at 11pm. Or get ready to leave for a show early in the morning. But that you don’t have shows and high traffic all hours of the night. Most farms stop after 8 pm. I know that I don’t want people riding that late. It is basic consideration for neighbors. I don’t turn on some of the external lights at my farm (other than an emergency) in consideration of my neighbors.

But it it is more the perception of how these are being rammed through that is what has people up in arms.

I think some other townships perhaps were more clear as to what constitutes a commercial operation. My township, it is an automatic presumption if you have more than 7 stalls so you would have to convince them you are not. Even though I don’t have a boarding business, I didn’t fight that my farm is a commercial operation. And have had to go through the process (and while people told me ways to go around or just build , I wasn’t willing to do that). If you just have one person, coming in your 4 stall farm, I doubt there would be an issue or anyone would notice. But if you have 15+ horses on your farm with 7+ stalls and are running a business, that is likely going to be viewed as commercial in any township.

So I guess I see both sides.

They change the supervisors. The township where I live is basically rural and agricultural. A big developer from another state wanted to come in, change all the zoning, and put in a big shopping center that would greatly change the resident’s way of life in all the areas surrounding it, increase traffic, promote crime, etc… The residents circulated a petition. An unknown came forward and ran against an incumbent and won. Result=no huge shopping center although it will be a continuous battle to maintain quality of life here in our township like every other one. Bottom line is that the supervisors work for the township residents. If the MAJORITY of the residents don’t want this ordinance enforced or want the ordinance revised then IMHO a change should be discussed.
Check out www.savethevalley.org and see what they are doing in Concord Township, PA.

And the biggest bite in our county was potentially having to bring all structures and facilities up to commercial building and use standards. That was going to immediately close the doors on all but a few barns.

[QUOTE=airhorse;7754339]
And the biggest bite in our county was potentially having to bring all structures and facilities up to commercial building and use standards. That was going to immediately close the doors on all but a few barns.[/QUOTE]

And some of them are REALLY dumb. I had to fight installing two firewalls because of an appartment at the end of my indoor. The inspectors were saying I could park vehicles in the indoor. Like we are going to park trucks and crap on footing that cost over 6 figures. I dont think so.

But I agree, the way you really fight this is in the elections. My point was really that some of the things folks are upset about really are how things already are on the books and are enforced in the neighboring townships. Those same townships will make you jump through the hoops to put up your horse farm…but they often do still want that sort of business. They will fight to the death to stop other commercial agg business. I think had I been building a commercial pig farm or mushroom farm…I would have faced even bigger oppositition.

Here is a write-up of the meeting.

http://www.southernchestercountyweeklies.com/general-news/20140909/residents-cry-out-against-proposed-equestrian-ordinance-in-newlin-township

Win the Crowd

A result of the best politics money can buy (or apathy can produce), even at the local level. :frowning:

The solution is simple, the first is to immediately start a voter campaign and get candidates that will be more reflective of the community at large. Let’s admit it, we vote these people into office, most times because know one wants the job, then we bitch when those rubes change the rules to favor their own life and life style. Don’t like the ordinances, then get a majority of residents and vote the bums out of their office when the time comes to vote.

The next thing should be an act of civil disobedience. If a small few are pulling the chains of the majority, than just say NO, I won’t comply; neither will my neighbor and the next and the next. There is power in numbers, use it.

Sue the township, I figure there has to be lawyers in Newlin, use your power to make the supervisors think twice about being unreasonable for it may cost the township more than they think it will produce.

Get the word to everyone in the county, spread the word. Sure the barn owners are upset, but I figure most residents don’t give a shit unless you give them a reason. Loss of revenue for the township, loss of property values across the board, bad public view of the area resulting in less interest to bring new people in, destruction of style of living as farm owners sell off land to survive and congestion gets worse from construction of McMansions. To borrow from Gladiator, Win the crowd and you will win your freedom.

I feel for the barn owners there in Newlin, I’m a small owner in SC taking on a board and something like that would be bad for me as well. But if many of the local farmers came by and said would you join us, well damn straight I would and I would help to make public the piss poor leadership the current supervisors are displaying.

FFS, this is the age of social media, stop getting angry in town hall meetings, shouting at people who don’t care. Get angry in the streets and on the internet and make these people listen the only way they understand, power and money. Power from the people and the cost (money) of not listening.

It will be curious to see if personal greed or community support will win the day in Newlin.

Curious as to whether Pennslvania has a Right To Farm Act. We do here in NJ and it has helped us with the “farm noise”, etc. issues that usually arrive with people who want to look at the farms but don’t want farming. Also contact the Farm Bureau in Pennsylvania and ask for their help.
And just another observation… serving on your municipal or county boards does take time - but if you don’t make the effort - people get on the boards and make these decisions usually based in inadequate information or the ones who love to have their property values increase because they are adjacent to lovely farms but really don’t want “farming”. Horses are Livestock.

You should also reach out to the Farm Bureau in Pennsylvania for assistance with this issue.

Ditto contacting the PA Farm Bureau. We are members and they are very pro equestrian operation. Anyone who has horses on their property should be members IMHO. Equestrian activities are now recognized as agriculture. Until recently they were not and ag preserved land could not be used for equestrian purposes. This has all changed and land preserved as agricultural can now be used/purchased for equestrian operations. My husband is going to the Farm Bureau dinner/annual meeting tomorrow night. I’ll ask him to talk to the powers that be and see what help if any they can offer. They are a good resource. Good people.

The Newlin land required is far more restrictive than it appears. The three acres for the first horse and two acres for each additional horse is required fenced pasture. My 20 acre farm with a 8 stall barn would be limited to 3 horses if I had one person renting a stall. A large barn with 31 horses would be required to have 63 acres of fenced pasture.

[QUOTE=GMC3;7755730]
The Newlin land required is far more restrictive than it appears. The three acres for the first horse and two acres for each additional horse is required fenced pasture. My 20 acre farm with a 8 stall barn would be limited to 3 horses if I had one person renting a stall. A large barn with 31 horses would be required to have 63 acres of fenced pasture.[/QUOTE]

That is very restrictive. And no reason to change if they have 2/1 as that is more typical.

The next chapter of the saga continues this Monday. If you are a Newlin resident it is suggested you attend the meeting at ChesLen. The BoS punted and didn’t vote in Sept. Rumors are they will vote on Monday.

The farm owners have repeatedly asked for a meeting with the BoS and have been turned down.

A lawyer and an investigator. I would have them focus on the supervisors in the construction trade and their partners and past clients, shady deals and how much they will gain financially from development. Not just them, but their children, brothers silent partners.
We had a very unpleasant guy in our local property/permits township.
Neighbors and I always thought he was on the take. He left about the time they did a full re-assessment of property values, focusing on the one neighbor who got out of paying taxes for the six years he took redeveloping his property.

I think I may have mentioned this but there are 400+ voting families in the township.
It is probably time to start a political action committee and reach out to all the voting families and get an electorate started… Most of these offices are voted in. It is highly likely that somewhere around 200 votes or so will win these elections, so start working on obtaining those votes and as soon as you do, you can line up a candidate for them. Count your VOTING people. Not just the public that shows up but the actual township residents who are eligible to vote, as they are most powerful, and that’s the reason the current board is probably not listening – they know 1500 people don’t live in Newlin Township and can’t vote them out. They are probably pretty sure they have the electorate sewed up so rock that boat and you may get a little more concession. I’d suggest separating your folks when you show up to put the Newlin township residents up front in the front seats and make sure someone has them stand up or show hands and differentiate “newlin township voters” – scare them a little if 200 people don’t like what they are doing they are likely to be voted out…
This means organizing, knocking on doors, making phone calls and talking to folks. They call it politics.

Can I share your post of Facebook, Retread?