Help Us Save and Preserve Indiana Township

 If you have attended any Indiana Township meetings, you likely picked up on an underlying belief that they need to approve development proposals….but for a PRD that is proposed in an area zoned as MDR, that is not true.  On page 38 of the Zoning Ordinance it states ‘a PRD MAY be approved….if and only if the accomplish the foregoing purposes.’  Approving a PRD is approving a deviation or an exception to our zoning.  That language is clear….’may’ means you have choice.  

One of the criteria the Township should evaluate is item 11 (pg 39) stating that ‘a written statement by the landowner setting forth the reasons why a PRD would be in the public interest and would be consistent with the Township Comprehensive Plan for its overall land use development.’  Given the proposed plan to clear cut and grade ~22 acres of steeply sloped and wooded land to put in a 3 story apartment building and 70 townhomes can in no way be in the interest of the public.

In addition, under the Criteria for Tentative approval on page 40 of the Zoning ordinance, it states ‘Where the PRD provides standards varying from those in this article and the subdivision regulations (which it does since this is zoned MDR) a statement that such a departure shall be in the public interest and will promote the health, safety, and general welfare of the public’.  We struggle to find any argument the developer could make, or, evidence they could provide that would prove this criteria.  That alone is enough to say no.  Your residents want you to say NO and stick to the zoning requirements of an MDR area. 

In addition, further down on page 40 the criteria continues ‘The tract of the PRD is harmonious and consistent with the neighborhood in which it is located.’  Again, there is absolutely NOTHING harmonious or consistent from this plan to the neighborhood it is located in.  There is zero reason based on these rationales why a departure from our zoning would be needed.  Again, your residents do not want this change to our zoning granted.  We want you to stick to the zoning and know that you are absolutely able to NOT make this recommendation to the Board of Supervisors. 

On page 41 of the Zoning Ordinance it goes on to say that proposed PRDs will ‘afford a greater degree of protection of natural resources such as slide prone areas, water courses…dense vegetative cover, trees having calipers of 8”…..etc.’  Again…..there is zero way a proposal that will clear cut and grade a 2:1 sloped area will provide a greater degree of protection of natural resources.  It simply is just not possible.  

The Township actually has a very weak record of winning litigation when they have chosen to make recommendations without the needed justifications or evidence to support the weak approvals.  Why waste the tax payers $ in these efforts?  Why force your residents to have to litigate the township just to follow the zoning as it is written?  It absolutely begs the question why is there is a willingness to fold to big developers when you absolutely have the ability to say ‘no’?

While we understand the Planning Commission is not responsible for granting or denying approval, you are the first important step.  You don’t have to recommend this plan moves forward based on this language above (as well as attached for your ease of reference).  Please let your voice and opinion be heard by the Board of supervisors that there are many issues with this plan that are not harmonious or beneficial to the community….no other justification is needed based on our zoning.  Anyone who tells you differently has an alternative agenda.  

It is because of this language, and subsequent legal battles that the Township’s approval was over-ruled by the Courts…both with Fox Chapel Estates (actually overturned their approval twice in the courts) and the Maronda Homes proposal.  Please don’t put the ownice and expense on your residents to ensure the Township follows the rules.  If the courts overruled that plan twice before, the current plan is even worse (from a harmonious, beneficial and preservation of natural resources perspective).  Why make us all do this a 3rd time?  By not recommending this plan you are not only following our zoning, but listening to your neighbors and constituents.  If the Board decides to go against both the zoning and it’s residents, let that decision be on them.

An exception does not need to be made.  Period.  Given there are zero benefits to the community in doing so, not to mention the plan is neither harmonious or in keeping with the greater degree of protection for natural resources we are hoping this is actually an easy decision to make.  If the developer can put a proposal forward that meets the MDR requirements, that plan can and would be developed….they aren’t.  Plain and simple – this is about maximizing profit for them.  Please help protect our community and just keep to the zoning that is in place.  

https://indianatownship.com/wp-content/uploads/2018/06/368ZONINGORDINANCE.pdf