Staff warns Derry Township zoning amendment may overreach; planning commission asks for solicitor vetting
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Summary
Planning staff told the Dauphin County Planning Commission that a proposed Derry Township amendment limiting commercial/industrial vehicle access is 'unique' and may exceed municipal powers; the commission voted to send staff comments and asked to be included in the township solicitor’s review.
Planning staff read and discussed Derry Township’s proposed ordinance amendment intended to limit negative impacts from commercial and industrial vehicle traffic on residential properties and private access drives. Staff described the amendment as “a very unique type of ordinance” and said the commission’s review letter recommends the township solicitor thoroughly vet the language.
Jerry, the county planning staff member who presented the review, said the Municipal Planning Code (MPC) generally allows municipalities to regulate actions on property within their borders but does not clearly authorize controlling off-site impacts on highways or other municipalities. "This is such a unique bird that, we think that they should take a real better look at it," Jerry said in the meeting.
Commissioners asked whether staff had requested examples from the township showing specific driveways or corridors of concern; staff said not yet but suggested the Hershey West End and South Hanover improvements were motivating factors. Commissioners discussed recent state-level interest in developments-of-regional-impact language and referenced a state bill mentioned in the packet (referenced in the transcript as "House Bill 1764").
On a motion, the commission approved the staff comments and directed staff to add a sentence requesting that the township include the commission in the solicitor’s review and final legal findings. Staff will transmit the revised letter to the township solicitor for signature.