Chairman Bruce Bucher convened the August 21, 2002 meeting of the Warwick Township Board of Supervisors at 7:00 p.m. Present were Supervisors Bruce Bucher, W. Logan Myers, and Roger Moyer. Michael Vigunas and Joseph McSparran were absent. In attendance were Township Manager Daniel Zimmerman, Township Solicitor William C. Crosswell, Roadmaster Dean Saylor, Code and Zoning Officer Thomas Zorbaugh, Police Chief Richard Garipoli, Jr., Kevin Varner, Melissa Kelly, Mark Deimler, Pat Hess, Tom Paisley, John Banta and Attorney Richard Nuffort. Laura Knowles of Lancaster Newspapers represented the press.

APPROVAL OF MINUTES: On a motion by Moyer, seconded by Myers, the Board unanimously approved the minutes of the July 2, and July 17, 2002 meetings as submitted.

TREASURER’S REPORT: On a motion by Myers, seconded by Moyer, the Board unanimously approved the Treasurer's report for July, 2002 as submitted.

PAYMENT OF BILLS: The Board reviewed the list of bills submitted for payment. On a motion by Moyer, seconded by Myers, the Board unanimously approved the payment of bills from the General Fund in the amount of $211,038.69

MANAGER’S REPORT: The Township Manager provided a status report on the modification to the Transferrable Development Rights (TDR) provision within the Zoning Ordinance. He stated that Township Staff is working on a draft to amend the TDR provision as it relates to the percentage of permitted lot coverage. He noted that this effort is being coordinated with the Township Solicitor.

The Township Manager provided a status report on several recreation projects. He stated that the settlement date for the Forney Polo Field project has been scheduled for October 22, 2002. He stated that the final design on the addition to the recreation fields for the Bonfield tract has been completed. He noted that the foot bridge for the trail system has been constructed.

The Township Manager provided a draft of a proposed burning ordinance for the Board’s review. He stated that Township Staff recommends that the Board consider amending the current burning ordinance. He provided a copy of a burning ordinance recently approved by another municipality. He noted that the draft addresses several issues relating to open burning. The Township Manager explained that Staff recommends reducing the time period currently permitted for open burning to two days per week (Wednesday and Saturday). He noted that Agricultural zoned properties are exempt from the burning requirements. Moyer expressed the opinion that individuals may wish to burn when conditions are appropriate (i.e. on rainy days), which may occur on other days of the week and requested that Township Staff take this issue into consideration when drafting an Ordinance.

The Township Manager provided a status report on the Lancaster HMA (Community Hospital) approval. He stated that one issue needs to be clarified for the record on the approval of the HMA Improvement Construction Plan. He explained that the agreement regulating this phase is not required to be recorded as originally recommended.

The Township Manager provided a status report on the I & I Inspection Program. He stated that the Municipal Authority will be starting their home inspection program in September or October and added that this program was discussed at the joint meeting held in March of this year. He noted that these programs are necessary due to the infiltration of stormwater/groundwater in the sewer system. He provided a copy of the letter that will be mailed to the residents informing them of the program. He noted that the Municipal Authority reviewed its own systems in order to eliminate groundwater infiltration to the sewer system.

The Township Manager provided a status report on the Drug Task Force Contribution. He explained that the Township has been requested to submit its contribution for 2002. The Board is in agreement to provide a contribution to the Lancaster County Drug Task Force for 2002 as budgeted.

The Board unanimously approved the Township Manager’s Report.

TAX COLLECTOR’S REPORT: The Board reviewed the Tax Collector’s report. On a motion by Myers, seconded by Moyer, the Board unanimously approved the Tax Collector’s July, 2002 report.

PUBLIC WORKS DEPARTMENT REPORT: The Roadmaster presented a report that outlines the activities of the Public Works Department during July, 2002. On a motion by Myers, seconded by Moyer, the Board unanimously approved the Public Works Department’s July, 2002 report.

POLICE DEPARTMENT REPORT: The Police Chief presented a report that outlines the activities of the Police Department during July, 2002. On a motion by Moyer, seconded by Myers, the Board unanimously approved the Police Department’s July, 2002 report.

ZONING OFFICER'S REPORT: The Township Manager presented a report prepared by the Zoning Officer that outlines the Zoning/Building permits issued in July, 2002. The report also outlines the cases heard at the Zoning Hearing Board’s July 10, 2002 meeting. On a motion by Moyer, seconded by Myers, the Board unanimously approved the Zoning Officer’s July, 2002 report.

COMMUNICATIONS: The Board received a copy of the Lititz Community Center’s Financial Statement for the twelve months ending June 30, 2002.

The Board received a letter from PennDOT advising that the first public meetings for the Route 23 Environmental Study will be held on August 27, and August 28, 2002. Both meetings will be held from 6:00 p.m. to 9:00 p.m. The August 27, 2002 meeting will be held at the Calvary Church Gym on Landis Valley Road in Manheim Township, and the August 28, 2002 meeting will be held at the Garden Spot High School on East Main Street in New Holland Borough.

CONSIDER THE LANCASTER GENERAL HOSPITAL LAND DEVELOPMENT PLAN, PREPARED BY RGS ASSOCIATES, DATED 5/23/02: Melissa Kelly, representing RGS Associates, explained that the site is part of Lot 2 of the Shoppes at Kissel Village plan. Kelly stated that she reviewed the Township Engineer’s August 14, 2002 comment letter and added that the proposal will comply with the items outlined in the comment letter. She explained that the Board of Supervisors previously requested that the applicant consider extending sidewalk from the western boundary of the Lancaster General Hospital site to Highlands Drive and noted that the Hospital’s representatives have agreed to pay 50% of the cost of the sidewalk extension. The Township Manager explained that the Township will pay the other 50% of the cost of the sidewalk extension initially and would recoup the expense from the applicable party who develops the land at this area. On a motion by Moyer, seconded by Myers, the Board unanimously approved the Lancaster General Hospital Land Development Plan contingent upon execution of the Ownership/Offer of Dedication Certificate, upon execution of the Land Development Agreement, upon recording of the Stormwater Management Agreement, upon posting of an Escrow account, upon execution of a maintenance agreement between R.J. Waters and the applicant for the landscaping easement and the stormwater basin, and upon payment of 50% of the costs to extend the proposed sidewalk from the western boundary of the Lancaster General Hospital site to Highlands Drive by the applicant.

CONSIDER THE BEN S. STOLTZFUS ONE LOT SUBDIVISION, PREPARED BY STRAUSSER SURVEYING, DATED 7/10/00: Mark Deimler, representing Strausser Surveying, stated the plan proposes a two-lot subdivision of the Stoltzfus property located along Rothsville Road (SR 772), and provides for a potential right-of-way to the adjoining Groff property. He stated that the plan would provide for the future extension of Hurst Boulevard and explained that the appropriate setbacks have been provided on the proposed lots to accommodate this future extension. Deimler addressed the Township Engineer’s April 10, 2002 comment letter. The Township Manager explained that the future right-of-way is not proposed for dedication as part of this plan and stated that the property owner would be required to resubmit a subdivision plan to further subdivide the rear portion of the property as depicted on the plan. He noted that lot 2 of this plan would be accessed via Hurst Boulevard.

The applicant is requesting a Waiver of Section 602.10.C pertaining to roadway frontage improvements. The applicant is requesting a Waiver of the requirement to improve the roadway frontage around the existing site based on the limited, anticipated impact from the construction of one new dwelling unit. The Township Engineer commented that they concur with the justification provided by the applicant’s consultant that the one lot subdivision will have a limited impact on the surrounding infrastructure. Therefore, the actual construction of improvements is not warranted; however, a fee in-lieu-of actual roadway improvements in the amount of $1,124.86 has been offered to the Township based on the minimum lot width for residential lots located within the R-2 Zoning District (80'). The estimate has been based on costs for typical widening (4') and overlay of a local street. This approach is consistent with the processing of similar subdivision plans within the Township. Under these circumstances and if acceptable to the Township, they have no objections to granting the Waiver request, contingent upon the applicant paying the fee.

The applicant is requesting a Waiver of Section 225.1 of the Storm Water Management Ordinance pertaining to pre vs. post runoff. The design of the proposed stormwater management facilities has been based on collecting the runoff from only the roof area of the proposed dwelling. The runoff from the proposed driveway will not be collected or reduced below the pre-development flow values. The Township Engineer commented that since this increase is minor (maximum 0.18 cfs) if not immeasurable, and since their previous recommendations have been addressed, they have no objections to granting the Waiver request.

The applicant is requesting a Waiver of Section 604.4.D pertaining to roadway frontage requirements. The configuration of the proposed subdivision does not provide "street frontage" for lot 2. The Township Engineer commented that to address this requirement on a temporary basis (until Hurst Boulevard is extended), the plans were revised to address their prior suggestions, therefore, they have no objections to granting the Waiver request.

On a motion by Moyer, seconded by Myers, the Board unanimously approved a Waiver of Section 602.10.C, a Waiver of Section 225.1, and a Waiver of Section 604.4.D contingent upon the Township Engineer’s April 10, 2002 comment letter being addressed. On a motion by Myers, seconded by Moyer, the Board unanimously approved the Ben S. Stoltzfus Final Plan contingent upon execution of the Ownership/Offer of Dedication Certificate, upon execution and recording of the Access Agreement, upon recording of the Stormwater Management Agreement, and upon posting of an Escrow account.

CONSIDER THE JOHN E. AND PATSY HESS ONE LOT SUBDIVISION, PREPARED BY DIEHM & SONS, DATED 6/6/02: Kevin Varner, representing Diehm & Sons, explained that the tract contains approximately 90.6 acres of Agricultural zoned lands located along Newport Road and Millway Road. He noted that the tract is bisected by Clay Road. He explained that the property owners wish to subdivide an approximate 1.1673 acre parcel from the parent tract for a single-family residence. He explained that following any approval of the proposal, the property owners intend to permanently preserve the remaining approximate 89.4 acres of land. Varner addressed the Township Engineer’s July 17, 2002 comment letter.

The Applicant is requesting a Waiver of Section 602.10.C pertaining to roadway improvements. The applicant’s consultant has requested a Waiver of the requirement for improvements along Millway Road for the frontage of lot 1. The Township Engineer commented that considering this is a farm-related subdivision for an immediate family member and as indicated in the request, there will be restrictions that require payment of the fee; in accordance with past Township practice, they recommend conditional approval of the Waiver. The Township Engineer noted that upon the Township Solicitor reviewing the submitted "Consent Agreement", the applicant should sign/execute the same (the agreement stipulates that if the lot is sold for profit within 7 years, the applicant will pay the fee in-lieu-of roadway improvements at that time) . The calculated $890.78 fee amount appears reasonable but has been based on the minimum required lot frontage of 100' compared to the proposed 210' of frontage for lot 1. On a motion by Myers, seconded by Moyer, the Board unanimously approved a Waiver of Section 602.10.C. On a motion by Moyer, seconded by Myers, the Board unanimously approved the John E. and Patsy Hess Final Plan contingent upon execution of the Ownership/Offer of Dedication Certificate, and upon execution of the Road Improvement Waiver Agreement.

CONSIDER REQUEST BY HOSANNA CHRISTIAN FELLOWSHIP FOR RELEASE OF LETTER OF CREDIT: The Board reviewed the request. The Township Engineer commented that based on their recent observation of construction compared with the original Letter-of-Credit estimate amount, they recommend the Township deny the release request and retain the current balance of $3,982.00 until the remaining site improvements have been completed. The Township Manager explained that the project has not been finished in accordance with the Final Plan. On a motion by Myers, seconded by Moyer, the Board voted unanimously to retain the current Letter-of-Credit balance of $3,982.00 for Hosanna Christian Fellowship.

CONSIDER REQUEST BY RANDALL KLINE FOR RELEASE OF LETTER OF CREDIT: The Board reviewed the request. The Township Engineer commented that based on their recent observations, all required site improvements have been completed as of this date. Therefore, they recommend the Township release the remaining Letter-of-Credit account in the amount of $6,468.00. On a motion by Moyer, seconded by Myers, the Board voted unanimously to release the remaining Letter-of-Credit account in the amount of $6,468.00 for Randall Kline.

DISCUSSION ON THE JOHN BANTA CONDITIONAL USE APPLICATION AND CONSIDERATION OF APPROVAL OF MODIFICATIONS TO SR 772/ROTHSVILLE ROAD: Attorney Richard Nuffort stated that he is present this evening to represent his client, John Banta. He explained that Banta currently has a Conditional Use application pending with the Township for a two-lot subdivision in the Agricultural zone. He stated that access to the site is proposed via North Heck Road and several issues have arisen regarding the safety of the intersection at Rothsville Road (SR 772); therefore, the applicant had requested a postponement of the Conditional Use public hearing until these issues are resolved. The Township Manager explained that during review of the Conditional Use application, the potential for a second access to the site was discussed. The proposed access point would be a shared drive connected to the existing access to the Municipal Authority’s pumping station along Rothsville Road across from Warwick Road. He explained that the Township Engineer designed a conceptual plan illustrating the potential second access point, which would require a three-party agreement with the Municipal Authority. He noted that the Municipal Authority is agreeable to the proposal. He explained that this access point would meet PennDOT’s site distance requirements for a Highway Occupancy Permit (HOP). The Township Manager explained that the issue was also discussed with the Agricultural Preserve Board since one of the affected properties (Pfautz) is a preserved farm. The proposal would require extension of the shared drive on the Pfautz farm involving an approximate 11,000 square foot area on the property. In exchange for the shared drive extension, Banta would need to agree to a "land swap" of at least 11,000 square feet of property from his existing property to be conveyed to the Pfautz property in order to protect the "preserved" status of the farm (the area to be conveyed to Pfautz would need to be agriculturally viable). In addition, the PA Department of Environmental Protection (DEP) was contacted since the proposal would involve crossing a wetlands area. The Township Manager added that although PennDOT has acknowledged the proposal, they have not agreed to formally approve any HOP for the proposal. He explained that the access point would involve the Township’s vacating of North Heck Road. He stated that one of the alternate proposals also involves the vacating of North Heck Road; however, without the second access point, the Township would consider replacing the existing bridge on the roadway. He explained that Township Staff discussed the issue and agreed that it may be preferable to use funds to provide a potentially safer means of access to the site rather than expending funds to replace the existing bridge.

The Township Manager explained that during the interim following the submittal of the Conditional Use application, Gerald Pfautz had contacted PennDOT regarding obstructions (shrubbery, fence) at the intersection of North Heck Road and Rothsville Road (SR 772). The Township subsequently received notification from PennDOT regarding Pfautz’ concern. As a result, Banta removed the site obstructions, where feasible, in order to improve site visibility (the Banta’s home and barn are within 15' of Rothsville Road and the intersection of North Heck Road which also impedes site visibility at this location). The Banta’s have indicated that removal of the fence and shrubbery from their property eliminated what protection they had against noise, pollution, and out of control vehicles along Rothsville Road and have requested PennDOT’s consideration to extend the existing guard rail along Rothsville Road to the entrance of North Heck Road in order to provide some separation between their home and Rothsville Road. The Township Manager provided a draft of a letter to PennDOT representatives requesting their consideration to extend the existing guard rail to North Heck Road as requested by the Bantas, and also to reduce the speed limit and install a flashing warning sign (i.e., intersection, hidden entrance). He stated that if the Board is agreeable to the draft, the permit application for the sign and warning device would be mailed with the letter. The Township Manager noted that he recently reviewed the information with Pfautz and he indicated that he has no objections to the items included in the letter. He added that Pfautz’ only request is that the existing turning radius not be reduced if the guard rail is extended to North Heck Road.

Attorney Nuffort stated that his client has been in discussion with Pfautz regarding the second access and as of three days ago, Pfautz indicated that he is not agreeable to the proposal. He requested the Township’s consideration to vacate the existing North Heck Road and replace it with a new "North Heck Road" at a different location, which is a safer alternative. He noted that the issue of condemnation may need to be considered. The Township Manager explained that he briefly reviewed the issues of condemnation for the alternative access, which does not appear feasible, and stated that the issue could be further evaluated if the Board so desires.

The Board discussed the issue at length. On a motion by Moyer, seconded by Myers, the Board voted unanimously to issue the letter as drafted to PennDOT along with the appropriate permit applications, and to further explore the alternative access to North Heck Road as discussed this evening in order to provide a safer access to the Banta and Pfautz properties.

CONSIDER REQUEST BY RABBIT HILL ESTATES TO MODIFY FENCE REQUIREMENT: The Township Manager explained that the developer is requesting the Board to consider a modification to replace the previously approved PVC picket fence, to be installed in the back of the retaining wall along Brittany Lane, with a treated wood split rail fence due to the hilly terrain. He explained that he discussed the issue with both the developer and the affected property owner (Miller) and they have both agreed to the installation of a PVC 3-rail fence in order to reduce the maintenance requirements for the fence. On a motion by Moyer, seconded by Myers, the Board voted unanimously to deny the original request to replace the PVC picket fence with a treated lumber split rail fence and to approve the installation of a PVC 3-rail fence to be installed in the back of the retaining wall along Brittany Lane.

CONSIDER REQUEST BY JOHN RICCIARDI FOR REDUCTION OF LETTER OF CREDIT: The Board reviewed the request. The Township Engineer commented that based on their recent observation of construction compared with the original Letter-of-Credit estimate amounts, they recommend the Township release $15,519.85 from the current Letter-of-Credit account balance. The retainage represents their opinion of the costs to complete the remaining outstanding items. On a motion by Myers, seconded by Moyer, the Board voted unanimously to release $15,519.85 from the Letter-of-Credit for John Ricciardi.

CONSIDER ENDORSEMENT OF THE SALE OF TDRS BY LANCASTER FARMLAND TRUST: The Township Solicitor explained that Lancaster HMA purchased 58 TDRs from Lancaster Farmland Trust as part of the Land Development Plan for the New Community Hospital of Lancaster project. Since the project site is located within the Campus Industrial zoning district, the Ordinance requires the acquisition of TDRs if any applicant wishes to increase the lot coverage over 10% as permitted by the Ordinance. He noted that the Ordinance also requires the Township to endorse the sale of any TDRs. On a motion by Moyer, seconded by Myers, the Board voted unanimously to endorse the sale of 58 TDRs by Lancaster Farmland Trust to Lancaster HMA contingent upon the Deed of Transferrable Development Rights being recorded on or before October 18, 2002. The Township Manager explained that the money that Lancaster Farmland Trust receives as part of the sale of any TDRs within Warwick Township is earmarked for the future preservation of a farm within the Township.

AUTHORIZE SALE OF TDR’S BY WARWICK TOWNSHIP: The Township Solicitor explained that the legal notice offering the sale of 83 TDRs by Warwick Township will be published on August 22, 2002. He noted that the minimum bid for each TDR is $2,000.00 and the sale process is via sealed bids. On a motion by Moyer, seconded by Myers, the Board voted unanimously to authorize the sale of TDRs by Warwick Township as outlined in the Township Solicitor’s letter dated August 5, 2002.

ENDORSEMENT OF THE 30-DAY BURN BAN: The Township Manager explained that the Lancaster County Commissioners approved a Resolution establishing a 30-day burn barn effective August 15, 2002 at 8:00 a.m. On a motion by Myers, seconded by Moyer, the Board voted unanimously to endorse the 30-day burn ban as enacted by the Lancaster County Commissioners.

CONSIDER RESOLUTION # 08-21-02-01 TO AMEND THE STREET LIGHT ASSESSMENT FOR NEWPORT SQUARE: The Board reviewed the Resolution. The Resolution would establish an annual street light assessment rate of $26.53 per lot for properties within Newport Square. On a motion by Myers, seconded by Moyer, the Board unanimously approved Resolution #08-21-02-01 to amend the street light assessment for Newport Square.

DISCUSS TOWNSHIP PARTICIPATION IN A MARKET STUDY FOR THE LITITZ/WARWICK REGION: The Township Manager explained that the initiative is part of the recommendations of the Lititz/Warwick Joint Strategic Plan. He provided an outline of the Market Study Services for the Board’s review and information. The information provides a time frame for the initiative to be completed and also the recommended committee members for the study. The information also includes a project summary outlining the goals of the initiative. The general objectives of the study are to determine the factors that contribute to the current success of downtown Lititz, to provide strategies to retain and strengthen the existing business climate, to establish the appropriate business mix for downtown Lititz, to conclude if there is a need to expand the size of the current business district and to propose marketing strategies to attract new business to downtown Lititz. The Township Manager suggested that the Board consider including a Farmer’s Market initiative into the Market Study.

The Township Manager stated that Lititz Borough has requested the Township to consider a contribution of 10-15% of the cost of the Study with the Borough paying for the balance of the costs which are estimated at $8,000.00-$10,000.00. On a motion by Moyer, seconded by Myers, the Board voted unanimously to endorse the Township’s participation in a Market Study for the Lititz/Warwick Region, to contribute toward the cost of the Market Study, and to include the feasibility of a Farmer’s Market into the Study.

CONSIDER REQUEST FOR THE ANNUAL ROTHSVILLE HALLOWEEN PARADE: The Board reviewed the request. The Rothsville Fire Company is requesting authorization to hold the Rothsville Halloween Parade on Friday, October 25, 2002. On a motion by Myers, seconded by Moyer, the Board voted unanimously to authorize the Halloween Parade to be held on Friday, October 25, 2002 contingent upon the event being coordinated with the Police Department.

CONSIDER RESOLUTION # 08-21-02-02 TO AMEND THE CURRENT SNOW AND ICE AGREEMENT WITH PENNDOT: The Board reviewed the Resolution. The Resolution updates the current snow and ice agreement with PennDOT with the appropriate state highway information. On a motion by Moyer, seconded by Myers, the Board unanimously approved Resolution #08-21-02-02 to amend the current snow and ice agreement with PennDOT.

CONSIDER RESOLUTION # 08-21-02-03 AUTHORIZING A GRANT APPLICATION FOR THE LITITZ/WARWICK TRAILWAY: The Board reviewed the Resolution. The Resolution authorizes the Township Manager to execute the applicable documents as part of the Grant Application to DCNR to extend the Lititz/Warwick Trailway from the entrance at Clay Road to the Riparian Park along Rothsville Road (SR 772). On a motion by Myers, seconded by Moyer, the Board unanimously approved Resolution #08-21-02-03 authorizing the Gant Application for the extension of the Lititz/Warwick Trailway.

ACKNOWLEDGE AND AUTHORIZE PETITIONS TO EXPAND THE WARWICK TOWNSHIP AGRICULTURAL SECURITY AREA: The Township Manager explained that the Township currently has five pending petitions to add land to its Agricultural Security Area (ASA). He explained that the petitions represent 329.9 acres of farmland to be added to the Township’s existing ASA which currently consists of 3,332.21 acres. On a motion by Moyer, seconded by Myers, the Board voted unanimously to acknowledge the petitions and to authorize a public hearing to be held to expand the Warwick Township Agricultural Security Area.

ADJOURNMENT: With no further business to come before the Board, the meeting was adjourned at 9:12 p.m.

Respectfully submitted,

Daniel L. Zimmerman
Township Manager