Wenger and True to Introduce
Legislation Addressing Local Land Use Preemption in Recently Enacted Gambling
Law
HARRISBURG
-- State Senator Noah Wenger (R-36) and Representative Katie True (R-41)
announced plans to introduce legislation in the Senate and House of
Representatives that would return to local governments and the people of
Pennsylvania the authority to properly plan and zone for a licensed gaming
facility, should one be proposed in a community.
“The recently enacted gambling bill would absolutely preempt local decision
making when it comes to the location and function of gambling facilities,”
Wenger said. ”All decisions regarding zoning or land use are left to the
discretion of the State Gaming Board, which have no training or expertise in
local land use issues. If they agree that a facility should be located
somewhere, there is nothing that can be done about it.”
Rep. True
noted the concerns that have arisen out of the stealth land use preemption
provision in the bill. “A community can do absolutely nothing if the Gaming
Board says ‘This is where a slots parlor is going,’” said the Representative.
“This is the worst sort of approach to land development and use and it
completely destroys all of our efforts to zone and plan sensibly in
Pennsylvania.”
The Senator
also pointed out that with the broad preemption of local land use decisions, a
slots parlor or future gambling facility could be sited next to a school, a
residential area, or even a church. Further, he noted, a parlor could be of any
size, design, color, have signage of any type, and create a significant amount
of light and disruption in the décor of a community.
“Just as
troubling,” said Rep. True, “is that the preemption permanently sets aside
commonsense requirements that many communities have, such as a traffic study,
road improvement requirements, potential storm water management controls, and
other water and sewer issues.”
The
Representative said that the 2% “host fee” that is allotted to local governments
for having a gambling facility amounts to nothing more than a hollow promise.
“The money may not be enough to cover the actual costs, and normally builders
are required to meet conditions and make improvements up front, not after a
facility is built and operating.”
According
to published newspaper reports, the provision was added to ensure that the
location and building of gambling facilities would not be impinged by local
ordinances, zoning or land planning processes. The goal, according to gambling
supporters, is to prevent delay and increase revenues from gambling.
“The sad
reality is that greed continues to cloud good judgment,” said Rep. True. “The
people who have pushed through gambling in the General Assembly have taken a no
prisoners approach to legislating – and now local governments and the people who
live in the communities where these slots parlors and future racetracks will be
located have no recourse to ensure that their homes and towns will be protected
against all the issues that arise from gambling facilities.”
Sen. Wenger
outlined the inconsistencies that the local land use preemption provision has in
relation to other laws regulating certain moral activities. “In the Liquor
Code, a community has direct input into the location of a retail store that
wishes to sell alcohol. But the same courtesy is denied to citizens regarding a
5,000 machine slots parlor or any other gambling facility. This is just plain
wrong.”
Sen. Wenger
and Rep. True will introduce identical bills that will remove the land
preemption provision and are hopeful that the Senate and House of
Representatives will take up the measures when the General Assembly reconvenes
in the fall. They noted that if the measure isn’t passed in the immediate
future, that it likely would never be changed, due to other provisions in the
gambling legislation that would allow license fee refunds if changes are made to
the law after licenses are granted.
“In the
end, we think that local governments and the citizens of those communities
should have a say. If a farmer, builder, church, or any citizen in Pennsylvania
has to comply with land development and land use conditions set forth by local
governments, then we should ask no less from a licensee who wants to build or
operate a gambling facility.“
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