Resident tells committee proposed zoning change conflicts with Home Rule Charter

Joe Norley, a long-time borough resident, told the Smart Growth Committee that a proposed zoning ordinance under consideration could not lawfully authorize infrastructure that Westchester's home rule charter already prohibits. "It conflicts directly with the Westchester Home Rule Charter, specifically article 9, section 9 0 4 community bill of rights passed in 2015," Norley said during public comment, asking the committee to cancel, reject or substantially review the draft ordinance.

Norley said Section 904 gives residents and the borough standing to enforce the charter in court and argued that an ordinary ordinance cannot lawfully authorize infrastructure the charter forbids. He warned that if council enacted the ordinance and a developer proceeded under it, "residents would have a horrible claim that the borough itself authorized a charter violation," leaving the borough exposed to litigation and recovery-of-fees claims, he said.

Committee members responded by saying they expect the borough solicitor to review the point. One member said Kristen Kemp would likely advise council at the scheduled public hearing, and Chair Jerry Spaniak encouraged Norley to attend the July 15 hearing and present his written comments and letter to solicitor staff.

Why it matters: Norley framed the issue as a legal and procedural limit on council authority that could generate litigation if not resolved before adoption. The committee did not vote on the ordinance during the meeting and told the public that solicitor input would be sought at the hearing.

What happens next: The committee and chair asked residents and the speaker to bring a written submission; a public hearing is scheduled for July 15 at 6:30 p.m., and committee members said legal counsel would be present to advise the council.