Vice-Chairman W. Logan Myers convened the June 5, 2002 meeting of the Board of Supervisors at 7:00 p.m. Present were Supervisors W. Logan Myers, Joseph McSparran, and Michael Vigunas. Chairman Bruce Bucher arrived at 7:50 p.m. Roger Moyer was absent. In attendance were Township Manager Daniel Zimmerman, Attorney Dwight Yoder, Bill Swiernik, Cletus Bucher, Barbara Bucher, Keith Montgomery, Bena Montgomery, Lester Guyton, Dan McGraw, Bob Klopp, Karen Klopp, Joel Snyder, Bill Woller, Bob Ricken, Scott Campbell, Chris Venarchick, and John Love.

PROMOTION OF SERGEANT RICHARD GROFF: The Vice-Chairman explained that Richard Groff is a 26-year veteran of the Police Department. Police Chief Garipoli stated that it is an honor for him to promote Groff to the rank of Sergeant. The Board commended Sergeant Groff for his years of service, and congratulated him on his promotion.

PUBLIC HEARING TO CONSIDER A CONDITIONAL USE APPLICATION FROM LESTER GUYTON FOR APPROVAL UNDER SECTION 204.4.A OF THE WARWICK TOWNSHIP ZONING ORDINANCE PERTAINING TO CLUSTER DEVELOPMENT WITHIN THE R-1 RESIDENTIAL ZONED DISTRICT. THE TRACT IS A 5.94 ACRE REMAINING SECTION OF "DOGWOOD VALLEY" REFERRED TO AS PHASE III LOCATED SOUTH OF RED OAK DRIVE.

The Vice-Chairman announced the procedures to be followed for this evening's Conditional Use hearing. The Township Manager was sworn in. He confirmed the posting and proof of publication of this evening's hearing. Attorney Dwight Yoder, of Gibbel, Kraybill & Hess, stated he is present this evening to represent the Applicant. Attorney Yoder explained that the Township approved the Conditional Use decision for the Dogwood Valley project on November 2, 1994. He explained that Dogwood Valley, Phase I and Dogwood Valley, Phase II subsequently received Final Plan approval and a majority of the construction within each phase has been completed. He explained that prior to this submittal for Phase III of the project, the Conditional Use decision for the project expired. He explained that typically, an applicant could request an extension of time for the Conditional Use decision; however, since the applicant did not request an extension of time prior to the expiration of the decision, the Board is not empowered to act on such a request. He stated that since the applicant is unable to request an extension of time on the previous Conditional Use approval, they are submitting a separate Conditional Use application for Dogwood Valley, Phase III. He noted that the Township approved several amendments to its Zoning Ordinance after the date of the original Conditional Use decision, and since the decision expired prior to submittal of Phase III, the plan has been modified from its original design to address the Zoning Ordinance amendments. He explained that the number of proposed lots has been reduced from 10 lots to 8 lots as part of the revised plan for Phase III.

Bill Swiernik, representing David Miller/Associates, was sworn in. Swiernik testified that the Conditional Use Application is being submitted to allow a Cluster Development in the R-1 zoning district. He explained that the plan proposes the extension of the existing Dogwood Valley roadway from the existing temporary cul-de-sac and terminating in a temporary cul-de-sac that would serve 8 single-family lots. He explained that the Conditional Use is being requested under Section 204.4.A of the Zoning Ordinance. He indicated the location of Phase I and Phase II of the development for the benefit of the Board. Swiernik explained that the Applicant has received the necessary permits from the PA DEP to permit the proposed roadway to cross the existing wetlands on the property.

Swiernik addressed the criteria under Section 414 of the Zoning Ordinance which pertains to cluster developments. He noted that the lots would be served by public sewer and public water. He explained that Phase III of the development contains 5.94 acres, which includes 2.1 acres of open space. He stated that the existing sidewalks and walking trails would be extended into this phase of the development. He added that the sidewalk within this phase would be constructed on the opposite side of the roadway from the existing sidewalk in order to eliminate potential hazards from the sidewalk being installed at the location of the horizontal and vertical curve of the roadway.

Swiernik explained that the proposal will require a mid-block crossing which would be provided in a location with the best sight visibility. He stated that a culvert, with the ability to convey water from a 100-year storm, would be constructed under the proposed roadway within this phase of the development. Swiernik noted that the Warwick Township Zoning Hearing Board previously granted approval of a Variance under Section 212.7.E to allow a culvert to be placed within the floodplain zone for this project. He stated that the design of the homes would match the character of the other properties within the development. He stated that if the Board approves the application, the applicant would request an extension of time to obtain the necessary building permits.

The Township Manager explained that the Board previously approved a Waiver for the length of the proposed Dogwood Valley cul-de-sac. He added that although the applicant has provided the additional right-of-way to extend the roadway to connect with the "Byler" subdivision to the west, there is an approximate 30' wide right-of-way between these two tracts that is privately owned.

The Township Manager stated that during the previous review of the project, the Commission expressed concern over the design of the proposed embankment wall. Swiernik stated that they are still working on the design of the embankment wall.

The Vice-Chairman opened the meeting to public comment. No one present indicated their desire to comment on the case. On a motion by McSparran, seconded by Vigunas, the Board voted unanimously to close the public hearing on the Lester Guyton Conditional Use application.

COMMUNICATIONS: The Board received a letter from Blue Ridge Communications stating that based on the March 15, 2002 ruling by the FCC that prohibits assessment of franchise fees on cable modem services, Blue Ridge Communications ceased to collect franchise fees on these services effective June 1, 2002. Blue Ridge Communications will credit the subscribers for any franchise fees paid after March 15, 2002, and will pay the franchise fees to the appropriate parties for the period up to March 15, 2002.

The Board received the May 2002 edition of the PSATS NewsBulletin publication.

The Board received an invitation to attend the Advanced Agriculture Institute meeting to be held in July. The meeting is designed to provide information on the future of Agricultural operations.

CONSIDER THE CONDITIONAL USE DECISION FOR JOHN E. AND PATSY W. HESS: The Board reviewed the Conditional Use decision. The applicants requested Conditional Use approval under Section 201.4.A of the Zoning Ordinance to construct a single-family dwelling unit on an approximate 1.167-acre tract fronting along Millway Road within the Agricultural zoning district. On a motion by Vigunas, seconded by McSparran, the Board unanimously approved the Conditional Use decision for John E. and Patsy W. Hess.

CONSIDER THE CONDITIONAL USE DECISION FOR ROY ZIMMERMAN: The Board reviewed the Conditional Use decision. The applicant requested Conditional Use approval under Section 201.4.A of the Zoning Ordinance to construct a single-family dwelling unit on an approximate 3-acre tract fronting along Clay Road within the agricultural zoning district. On a motion by Vigunas, seconded by McSparran, the Board unanimously approved the Conditional Use decision for Roy Zimmerman.

CONSIDER THE WAIVER REQUEST BY CLETUS BUCHER, PROPOSED ONE LOT SUBDIVISION: Cletus Bucher explained that he and his wife purchased their lot in 1974 to build their current home. He explained that they subsequently purchased an additional area that he thought was a separate buildable lot. He explained that several months ago his daughter and son-in-law asked if they could construct a home on the lot and when he contacted Township office to discuss the proposal, he was advised that the area he purchased was added to the lot he purchased in 1974; therefore, it is not a separate deeded lot. He stated that he discussed what needed to be done in order to subdivide the lot and was advised that the lot would need to be served by public water and sewer services. He noted that the sewer line ends at the area he would like to subdivide; however, the public water line ends approximately three homes from his lot. He explained that the Warwick Township Municipal Authority advised him that, in accordance with Ordinance requirements, he would need to extend the water line through these lots to serve his proposed lot.

Bucher explained that none of the other lots within this portion of the Hilltop Manor development are served by public water. He is requesting a Waiver of Section 610.2.B which requires the extension of the public water system when a new dwelling unit is constructed within 1,000' of an existing public water main.

The Township Manager recommended that a condition be placed on any approval of the Waiver request indicating that a geological study (aquifer test) be performed on the proposed lot to ensure that a new well to serve this lot would not have any adverse impacts to the existing wells in the surrounding area; in addition, if the Municipal Authority undertakes a public water extension project in this area of the Township, the proposed lot, in addition to all other lots in the area, should be required to connect to the public water system. The Township Manager noted that the lot would be connected to the public sewer system. Vigunas inquired what if the aquifer test indicates that other wells in this area would be adversely affected if a new well were dug on this property. The Township Manager explained that the applicant would then be required to extend public water service if he wishes to subdivide the lot. The Township Manager stated that the proposal would require zoning approval if the lot is not served by public water since it would not have the required minimum lot size of 1 acre (the minimum lot size if served by both public sewer and public water is 15,000 square feet.). The Township Manager noted that this area of the Township is served by a pressurized system. On a motion by McSparran, seconded by Vigunas, the Board voted unanimously to approve a Waiver of Section 610.2.B contingent upon receipt of a certified report from a geologist that indicates that the proposal would have no adverse impact to the adjacent wells in this area.

CONSIDER THE FINAL SUBDIVISION AND LAND DEVELOPMENT PLAN FOR NEWPORT SQUARE, PHASES 5 & 6, PREPARED BY RGS ASSOCIATES, DATED 1/18/02: Joel Snyder, representing RGS Associates, explained that this plan represents the final two phases of the Newport Square project. Snyder explained that this phase of the plan proposes 9 single-family lots in Warwick Township, and 34 single-family homes in Lititz Borough as part of Phase 5 of the project. He noted that Lititz Borough has granted final plan approval of the project. In addition, Phase 6 of the plan, which is located entirely within Warwick Township, proposes 173 rental units consisting of apartments and townhouses, and 12,000 square feet of commercial space with second-floor lofts, as well as 4,000 square feet of retail space within the existing barn on the property. Snyder explained that as part of Phase 6, the developer is proposing to relocate the existing farm house so that it meets the applicable setback requirements of the Zoning Ordinance. He noted that the barn will remain at its current location since any relocation could result in damage to the structure. Snyder stated that this portion of the plan includes the creation of the ballfields on the adjacent 10-acre tract which is owned by School District (John Bonfield Elementary School). The ballfields will accommodate baseball and soccer (2 baseball fields and 3 soccer fields). The proposed pedestrian trail would extend from the site through the 10-acre tract and ultimately connecting with the Lititz/Warwick Trailway (rails-to-trails). He noted that a portion of the pedestrian trail was constructed as part of previous phases of the development.

Snyder addressed the Township Engineer's May 17, 2002 review comment letter. The Township Manager explained that the Conditional Use approval for the project required a traffic study to be performed when 200 units are occupied in order to determine the impact of the development on several intersections in the vicinity of the project site. Since the threshold has not been met at this time, the applicant has agreed to submit a separate improvement guarantee or Letter-of-Credit in the amount of $18,700.00 to cover the specific costs associated with the required studies, permits and improvements to these intersections. On a motion by Vigunas, seconded by McSparran, the Board voted unanimously to approve the Final Subdivision and Land Development Plan for Newport Square, Phases 5 & 6 contingent upon, execution of the Ownership/Offer of Dedication Certificate, upon receipt of an acceptable Letter-of-Credit for the Township and Municipal Authority, upon recording of the access easement and open space maintenance agreement, upon recording of the trail agreement and land development agreement to the satisfaction of the Township Solicitor, upon payment of all required fees, upon receipt of a DEP module, and upon recording of the storm water agreement.

CONSIDER MODIFICATIONS TO PHASE II OF NEWPORT SQUARE: Joel Snyder, representing RGS Associates, explained that the requested modification is in response to a concern raised by the fire companies regarding Newport Square, Phase II. He explained that when the apartment buildings and associated car ports within this phase where being designed they used templates for the parking lot to determine the movement of emergency vehicles within the site. The apartment buildings within Phase II are currently under construction and they discovered that the car ports would hinder the movement of ladder trucks at the rear of the apartment buildings, therefore, the fire company representatives requested a modification to this design. He stated that the current parking lot layout was designed to reduce the potential for motorists to speed through these areas and added that the location of the car ports within the parking lots also took this potential into consideration.

Snyder explained that the proposal this evening is to modify the design of the car ports in order to facilitate the movement of large emergency equipment within the parking lots if needed. He explained that the crosswalks in this area would be highlighted to emphasize these areas for motorists. Snyder explained that the proposed design is to eliminate the partitions within the car ports and to install garage doors and painted parking spaces. In addition, since the size of the garage buildings would be reduced to accommodate the new design, another unit is proposed toward the left of the parking area to account for the reduced number of units in the other garage buildings. The Township Manager noted that Township's original concern with garage units in this development was that they would be used for storage and not for parking. This design would reduce the issue of storage if the partitions are removed. He explained that the each of the proposed car ports within the development would follow the same design. He noted that the developer has indicated that the proposed garage units would be similar in architecture to the apartment buildings. Snyder explained that although 12 parking spaces in this area would need to be eliminated to accommodate the proposal, the project still exceeds the number of parking spaces as required by the Ordinance. On a motion by McSparran, seconded by Bucher, the Board unanimously approved the proposed modifications to Phase II of Newport Square.

DISCUSSION ON THE HMA COMMUNITY HOSPITAL PRELIMINARY PLAN AND Construction Improvement Plan: John Love, representing Rettew Associates, explained that the applicant is before the Board this evening to present and discuss the Preliminary Plan and Construction Improvement Plan. He explained that the proposal was presented to the Planning Commission at their May 22, 2002 meeting. He addressed the Township Engineer's May 13, 2002 comment letter.

The Applicant is requesting a Waiver of Section 224.6 (Storm Water Management Ordinance) which requires 1' of cover from the crown of storm pipes to subgrade. The applicant has requested relief from the requirement to install all drainage pipes with a minimum of 1' of cover for those pipes between I-77 to I-76, I-78 to EW-1 and I-78 to I-75 due to existing site constraints. The pipes will be installed as reinforced concrete pipe (RCP). The Township Engineer commented that based on their review, they offer the following recommendations: a) I-78 to EW-1: Since a minimum of 1' of cover is provided from the top of the pipe to the finished pavement (compared to the requirement of 1' to subgrade), the location of EW-1 was adjusted to enable the perpendicular crossing of Highlands Drive and since Class IV, RCP pipe will be installed as indicated, they would support the Waiver; b.) I-78 to I-75: Since a minimum of 1' of cover is provided from the top of the pipe to the finished pavement, the location of inlet I-75 was adjusted so the two pipes from I-78 can be installed parallel to one another and since Class IV, RCP pipe will be installed as indicated, they would support the Waiver.

The Applicant is requesting a Waiver of Section 225.5 (Storm Water Management Ordinance) which requires basins to drain within 24 hours. The proposed Basin 3 will drain in an indicated 3.8 days from the completely full condition based on the inherent nature of the storm water management design and the inclusion of Best Management Practices (BMPs). The Township Engineer commented that since this is a private facility which will be staffed 24-hours a day, and considering the conflict between the storm water management vs. the BMP design philosophies, they have no objections to granting the Waiver for this project. Love explained that the swales and basin would be clay lined, and the perforated pipes and a sand/soil mixture would be placed on the clay. He noted that the wet pond would be fed by a well when needed to ensure a specific water level is maintained within the basin.

The Applicant is requesting a Waiver of Section 603.3.B (Subdivision & Land Development Ordinance) pertaining to vertical concrete curb. This Waiver is a two-part request. First, as stated in the request letter it is being requested to eliminate the construction of vertical concrete curb in those sections of the parking areas where runoff will sheet flow into the Bio-Retention Swales. The Township Engineer commented that for the reasons stated and since precast concrete curb stops (or wheel stops) have been shown in those areas where the curb is being eliminated, they have no objections to granting the Waiver. Second, it is the desire of the applicant to install vertical concrete curb with a reveal of 6" compared to the requirement of 8" of reveal. The Township Engineer commented that considering the use of the site and for the justifications cited, they have no objections to granting the Waiver for the curb constructed solely within the site. They noted that all other curb along the Township roads should be constructed with the 8" reveal.

The Applicant is requesting a Waiver of Section 225.7.A (Storm Water Management Ordinance) which states that the maximum (basin) depth shall not exceed 6'. The Township Engineer commented that based on the inherent design of the storm water management retention/detention facility (Basin 3) with a permanent body of water, the maximum permitted depth of 6' is exceeded. The Township Engineer commented they have no objections to granting the Waiver for the reasons cited by the Applicant.

The Township Manager explained that the Township had requested the applicant to provide a regional basin to serve this area, and due to the required BMP design, the project is fundamentally unable to conform to the storm water management regulations. Love explained that the design adequately addresses storm water runoff from the site and greatly improves the quality of the storm water that is infiltrated into the ground.

The Township Manager explained that the applicant has resubmitted the Preliminary Plan for the project, and the Construction Improvement Plan will be formally presented to the Board at their June 19, 2002 meeting. He explained that the applicant wishes to discuss any items that may be outstanding at this time in order to facilitate the review process. The Township Manager explained that the Construction Improvement Plan is being presented since the depicted on-site construction work would commence upon approval of this Plan, and the Final Plan review for this project would subsequently occur in the Fall of this year. Attorney Mark Stanley, representing the applicant, stated that this review procedure is not typically followed by the Township; therefore, an agreement will be prepared and executed that delineates the conditions for the proposed on-site work to commence as depicted on the Construction Improvement Plan. He noted that the proposed on-site work is illustrated on the Preliminary Plan; however, these items will be included on the separate self-contained Construction Improvement Plan. He added that the Township will hold monthly construction progress meetings with the applicant following the start of the on-site work. Attorney Stanley added that the Planning Commission recommended conditional approval of the Waiver requests and conditional approval of both the Preliminary Plan and the Construction Improvement Plan at their May 22, 2002 meeting. The Township Manager explained that the applicant would also need a Waiver of the PA DEP's approval of the Sewer Module for the Construction Improvement Plan. He noted that a PA DEP approved Sewer Module would be required prior to the Township's Final Plan approval for the project. The Township Manager suggested that a special Board of Supervisors meeting be scheduled for 7:00 a.m. on July 2, 2002 for review and possible approval of the Construction Improvement Plan. He noted that the Preliminary Plan for the project is scheduled for review by the Board at their June 19, 2002 meeting. The Board and applicant are agreeable to a special meeting on July 2, 2002 for review of the Community Hospital Construction Improvement Plan. Vigunas inquired whether or not a right-turn lane will be provided for motorists traveling southbound on Highlands Drive. The Township Manager explained that a deceleration lane is included as part of the roadway improvement plan for the project.

CONSIDER THE TIME EXTENSION REQUEST FOR SYLVAN BRANDT FOR RECORDING OF PLAN: The Board reviewed the request. On a motion by Bucher, seconded by Vigunas, the Board unanimously approved an extension of time for recording of the Sylvan Brandt plan until December 18, 2002.

REVIEW OF PENNDOT BETTERMENT PROGRAM: The Township Manager explained that the Township received correspondence from Representative Strittmatter regarding candidates for PennDOT's Betterment Program for 2004-2005. The program primarily includes maintenance and resurfacing projects on two-and three-lane highways. The Township Manager explained that the Township recommended that Lexington Road, between Brunnerville Road and West Newport Road, as a candidate for the program due to its poor condition.

STATUS REPORT ON CREEK ROAD: The Township Manager explained that the Township issued a letter to PennDOT regarding their scheduled maintenance project for Creek Road. The Township requested that PennDOT consider reducing the scope of the improvement area to preserve several of the mature trees along the edge of the roadway since Creek Road is a rural road. The Township Manager stated that PennDOT responded that the roadway is not scheduled for widening; however it is scheduled for future improvement.

CONSIDER FEASIBILITY STUDY OF TRAIL CONNECTION BETWEEN EPHRATA AND LITITZ: The Township Manager explained that the feasibility study would involve a rails-to-trails link from Ephrata Borough to Lititz Borough. The municipalities involved would be Ephrata Borough, Ephrata Township, Akron Borough, Warwick Township and Lititz Borough. He provided a map illustrating the established trails along the rails-to-trails system, and trails that are currently under construction. The Township Manager explained that the study would be regional in nature and added that the portion within Warwick Township would conceptually cross Newport Road, Rothsville Road, and a stream crossing. Representatives of Akron Borough have indicated that they will complete the grant application for the feasibility study. The Board is in agreement to participate in a regional feasibility study for a trail connection between Ephrata and Lititz.

OTHER BUSINESS TO COME BEFORE THE BOARD: The Township Manager explained that Township staff will be meeting with KCI Engineers regarding the creation of a right-turn lane along SR 501 between the Shoppes at Kissel Village shopping center to Owl Hill Road.

The Township Manager explained that Township staff is in the process of reviewing vendors for accounting software, due to problems with the current software configuration. He explained that the Township is considering upgrading its workstations to Windows 2000 and the Township was advised by the current software vendor that the conversion would hinder the operation of the current software. He noted that the vendor has indicated that they have developed new accounting software that would be compatible with this program; however, it would need to be purchased separately and not as an upgrade to the current system. The Township Manager explained that the accounting software currently being considered is "Fundware" by Software Systems, Inc., which is a comprehensive accounting program; however, the cost is above the budgeted amount for 2002. He added that the vendor has agreed to defer the difference in cost to 2003 in order to accommodate the Township's budget. He noted that the auditor is favorable to the proposed program. The Board is agreeable to purchasing new accounting software for the Administration department.

ADJOURNMENT: With no further business to come before the Board, the meeting was adjourned at 9:25 p.m.

Respectfully submitted,

Daniel L. Zimmerman
Township Manager