Codorus Township v. Rodgers

492 A.2d 73, 89 Pa. Commw. 79, 1985 Pa. Commw. LEXIS 1230
CourtCommonwealth Court of Pennsylvania
DecidedApril 30, 1985
DocketAppeal, No. 2085 C.D. 1984
StatusPublished
Cited by10 cases

This text of 492 A.2d 73 (Codorus Township v. Rodgers) is published on Counsel Stack Legal Research, covering Commonwealth Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Codorus Township v. Rodgers, 492 A.2d 73, 89 Pa. Commw. 79, 1985 Pa. Commw. LEXIS 1230 (Pa. Ct. App. 1985).

Opinion

Opinion by

Judge Craig,

Codorus Township appeals an order of the Court of Common Pleas of York County which reversed the township zoning hearing board’s decision rejecting a constitutional attack on provisions of the township’s zoning ordinance dealing with the preservation of agricultural land. We must determine1 whether the common pleas court properly concluded that the Supreme Court decision in Hopewell Township Board of Supervisors v. Golla, 499 Pa. 246, 452 A.2d 1337 (1982) (Golla), mandates the invalidation of a zoning provision that precludes division of productive farmland into tracts of less than fifty acres.

In 1952, William and Esther Hoover acquired two contiguous tracts of land in Codorus Township. [81]*81Tract 1 consisted of twenty-four acres, and tract 2 contained thirty acres. In 1975, the township adopted its first zoning ordinance. That ordinance provided in section 302 that contiguous tracts owned by the same owner as of December 7, 1974 would be considered a single tract for purposes of the zoning ordinance. Therefore, the Hoovers’ two tracts of land constituted one fifty-four-acre tract under the new ordinance.

In 1978, the Hoovers transferred the original thirty-acre tract 2 and a fifty-foot strip of tract 1 to Raymond Rodgers and Arthur Hoover. By letter dated September 25, 1981, the Codorus Township solicitor notified Rodgers and Hoover that their purchase of the thirty-acre tract was in violation of township ordinances. In January, 1982, Rodgers and Hoover filed with the Zoning Hearing Board of Codorus Township a challenge attacking the validity of various sections of the zoning ordinance as unreasonably restrictive, and stating their intention to divide their thirty-one-acre tract into three equal parcels for single-family residence and agricultural purposes.2

After two evidentiary hearings, the zoning hearing board rejected Hoover’s and Rodgers’ challenge and upheld the validity of section 302 (treating contiguous tracts owned by the same owner as a single tract), section 1204 (requiring a $250 filing fee for a petition challenging validity of ordinance), section 5043 (providing a sliding scale as to single-family dwell[82]*82ings permitted on a tract, based on the acreage of the tract), and section 5034 (permitting subdivision of [83]*83original tracts only to: (1) utilize the tract’s allocation of dwellings under section 504, and limiting those lots to one acre maximum in most cases; (2) divide the tract into parcels with a minimum size of fifty acres; (3) add parcels of less than fifty acres to existing tracts without resulting in an overall loss of farmland in the area).

Upon appeal, the Common Pleas Court of York County, without taking additional evidence, disagreed with the zoning hearing board with regard to section 503 only, based on the court’s conclusion that Golla required the invalidation of section 503 and any similar provision which requires a minimum lot size of more than ten acres.5

The trial judge’s opinion soundly noted that his invalidation of a minimum lot size greater than ten acres did not rest upon section 107(21) of the Pennsylvania Municipalities Planning Code (MPC),6 which exempts from subdivision control the division of land into parcels of more than ten acres for agricultural purposes. In accordance with the views of a plurality of three Justices of the Supreme Court in Golla, he concluded that such an exemption with respect to subdivision control does not automatically invalidate minimum lot sizes greater than ten acres when adopted under the zoning powers conferred by a separate article of the MPC, article VI, 53 P.S. §§10601-10619.7

[84]*84Nevertheless, the trial court further concluded, from Golla, that ten acres had the status of a “magical number,” beyond which municipalities cannot go, in setting minimum lot sizes in zoning ordinances.

However, the thrust of the majority holding in Golla appears actually to have been directed against the irrational results effected by the specific ordinance provisions in that case.8 There is no magical number. Instead, as the Supreme Court and we have noted, in Boundary Drive Associates v. Shrewsbury Township Board of Supervisors, 81 Pa. Commonwealth Ct. 7, 473 A.2d 706 (1984), affirmed, Pa. , 491 A.2d 86 (1985), these cases call for a substantive due process analysis to determine whether the challenged provisions, are rationally related to the legitimate goal of preserving agricultural land. See also Martin v. Township of Millcreek, 50 Pa. Commonwealth Ct. 249, 413 A.2d 764 (1980). That approach requires us to balance the interests of the landowner in the unfettered use of his property against the objectives of the community as a whole in preserving and maximizing the use of productive farmland.

The preservation of land for agricultural purposes is a legitimate zoning objective under section 603(b)(5) of the Pennsylvania Municipalities Planning Code9 and Boundary Drive.

[85]*85The present content of the MPC in Pennsylvania reflects a nationwide legislative trend toward using zoning as one of the tools for the preservation of agricultural land. As noted four years ago in Coughlin and Keene, The Protection of Farm Land: An Analysis of Various State and Local Approaches, 33 LAND USE LAW & ZONING DIGEST 5, 6-8 (1981), there were then 270 local (county and municipal) agricultual zoning efforts which the authors had identified. Their survey showed that, in addition to rather simplistic ordinances requiring only a substantial minimum lot size (ranging from as little as ten acres to as much as 640 acres), local legislative patterns employed exclusive agricultural use districts and also area-based allocation ordinances—similar to the one before us here—which allow owners to build additional dwellings for each unit of land of a specified area that they own.

As yet, the volume of precedents is small. In Joyce v. City of Portland. 24 Or. App. 689, 546 P.2d 1100 (1976), the Court of Appeals of Oregon held that exclusive farm and forest use zoning did not constitute an unconstitutional taking. More to the point, Gisler v. County of Madera, 38 Cal. App. 3d 303, 112 Cal. Rptr. 919 (1974), upheld the validity of an ordinance providing for exclusive agricultural zoning with a minimum eighteen-acre parcel size.

The most recent decision on point, nationally speaking, is Wilson v. County of McHenry, 92 Ill. App. 3d 997, 416 N.E.2d 426 (1981), in which the Il

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Bluebook (online)
492 A.2d 73, 89 Pa. Commw. 79, 1985 Pa. Commw. LEXIS 1230, Counsel Stack Legal Research, https://law.counselstack.com/opinion/codorus-township-v-rodgers-pacommwct-1985.