The City of Philadelphia suffered a disaster this week. It was not a natural disaster or an act of terrorism, but a disaster created by our political leaders.
Recent rulings by Philadelphia Common Pleas Judges have undermined the right of community organizations and neighborhood groups to appeal variances granted by the Zoning Board of Adjustment (ZBA). As a result, the right of these organizations and groups to even appear in front of the Zoning Board has been called into question.
The Importance of Community Organization Participation at the ZBA
Community organizations and civic associations in Philadelphia have long used the zoning process to stop development that threatens the quality of life of their neighborhoods. By opposing variances at the ZBA, community groups have forced developers to negotiate with them and to modify their projects to better fit their neighborhoods. And, when the Zoning Board of Adjustment has ruled against them without any legal justification, they have gone to court to have those decisions overturned.
As President of West Mt. Airy for three years, I saw first hand how critical our participation at the ZBA was to protecting our neighborhood and how important our right to sue the ZBA was to insuring that we had that right to participate.
Act 193: Another Middle of The Night Debacle
On November 20, 2004, in another in a long series of middle of the night debacles, the Pennsylvania House of Representatives General Assembly amended and then approved what became Act 193 which changed Philadelphia’s zoning code. (Most Representatives admitted that they did not know what they were voting for when they approved this bill.) Before Act 193, “any person or taxpayer” could appeal a decision of the ZBA. Under Act 193, only “aggrieved persons” who can show that they are “detrimentally harmed” can appeal.
Act 193 was directed initially at the efforts of the Society Created to Reduce Urban Blight (SCRUB) efforts to require the ZBA to enforce city ordinance against billboards. Indeed, the language in the Act that limits the standing of taxpayers to sue the ZBA was written by a lobbyist for the billboard lobby. However, when it was approved by the General Assembly, community groups from across the city came together to urge Governor Rendell to veto it. We argued that this act could be interpreted to deny all community groups the right to sue to overturn decisions of not just the ZBA but the Historical Commission and other city agencies that guide development. And when Governor Rendell signed the bill, we urged the General Assembly to repeal it.
Our Fears Have Been Realized
This week our greatest fears were realized. Common Pleas Judge Joseph Dych ruled that: “…citizens of Philadelphia are no longer afforded standing to protest zoning decisions based upon their status as taxpayers.” Immediately following that decision, Judge Gary Glazer ruled that three community groups, SCRUB, Wynnefield Heights Civic Association and Belmont Village Community Association, “do not have an interest sufficient to justify standing in light of the standard enunciated in Act 193 of November 30, 2004.” According to Judge Glazer, these groups “fail to meet the standard of ‘aggrieved person’ …”
Developers have already been arguing that community groups do not have standing to appear before the ZBA. If these decisions stand, our right to appear will be questioned even further.
The Dire Consequence for Our Neighborhoods and City
At a time when city planning has become practically non-existent in Philadelphia and the development process has become overly politicized, it has only been the extraordinary determination on the part of community organizations and civic groups that has protected neighborhood against inappropriate development. Our neighborhoods are immeasurably better as a result. If the interpretation of Act 193 stands, neighborhoods will be rendered practically powerless to resist developments that threaten them.
The consequence for Philadelphia will be dire. A city whose population is just beginning to stabilize cannot afford to leave its own neighborhoods open to destruction by either lawless billboard companies or those few developers who are willing to destroy neighborhoods to serve their own interest.
We Should Have Been Prepared For This Disaster
We have learned in recent years about the dangers of being unprepared for natural disasters. Despite the best efforts of community groups, our political leaders have left us unprepared for this political disaster. So we will be calling on our political leaders to immediately limit the damage and come to our rescue.
What We Can Do Now
Community associations and civic groups will be meeting soon to develop both a legal strategy to overturn this decision and a legislative strategy to demand that our Governor Rendell and our State Representatives and Senators repeal Act 193 immediately upon returning to Harrisburg.
In the meantime, our City Council members can help those community who have lost their standing. The standing of Council Members to sue has not been limited. Until Act 193 is repealed, we should call on all City Council to promise to intevene in the courts on behalf of those community associations and civic groups whose standing has just been undercut.
For more information, or to be kept informed about the effort to overturn Act 193, our plans, contact Mary Tracy or me .