WARWICK TOWNSHIP BOARD OF SUPERVISORS MINUTES
September 4, 2002

Chairman Bruce Bucher convened the September 4, 2002 meeting of the Board of Supervisors at 7:00 p.m. Present were Supervisors Bruce Bucher, Michael Vigunas, W. Logan Myers, Roger Moyer and Joseph McSparran. In attendance were Township Manager Daniel Zimmerman, Michael Saxinger, Michael Miller, Kevin Varner, and Michael Arno. Laura Knowles of Lancaster Newspapers, and Richard Reitz of the Lititz Record Express represented the press.

GUEST RECOGNITION: Michael Miller, 960 Rabbit Hill Road, expressed several concerns regarding the Rabbit Hill Estates subdivision project that abuts his property. The Chairman stated that the items that were originally included as part of the approved plan for the project are still being required by the Board. Miller stated that the developer is requesting a draw-down of the Letter-of-Credit for the project and expressed concern that there may not be sufficient funds available to complete the project as approved if any funds are released at this time. The Chairman stated that the issue will be discussed as an agenda item later this evening and added that the Board will ensure that sufficient funds are available to complete all of the items included as part of the plan approval. Miller outlined several of his concerns for the Board’s information and provided photographs illustrating his concerns.

COMMUNICATIONS: The Board received an invitation to attend the groundbreaking ceremony for Community Hospital which will be held on Thursday, October 10, 2002 beginning at 11:00 a.m.

The Board received an invitation to attend an "Old-Fashioned Farm Picnic" being hosted by Lancaster Farmland Trust on Saturday, September 21, 2002 from 12:00 p.m. to 5:00 p.m.

The Board received an invitation to attend a tour of Lancaster County Solid Waste Management Authority facilities, and Recycle America in York. The tour will be held on Wednesday, October 9, 2002 beginning at 8:30 a.m.

The Township Manager advised the Board that the groundbreaking ceremony for the Public Safety Training Center in East Hempfield Township will be held on Saturday, September 7, 2002 beginning at 2:00 p.m.

CONSIDER THE REQUEST BY LANCO GRAPHICS FOR RELEASE OF LETTER OF CREDIT: The Board reviewed the request. The Township Engineer commented that based on their recent observation of completed improvements compared with the original items and costs identified in the Opinion of Probable Costs, they recommend the Township release $8,500.00 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 Vigunas, the Board unanimously approved a release of $8,500.00 from the current Letter-of-Credit for Lanco Graphics.

CONSIDER THE REQUEST BY RABBIT HILL ESTATES FOR DRAWDOWN 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 $19,395.44 from the current Letter-of-Credit account balance. The retainage represents their opinion of the costs to complete the remaining outstanding items. The Board inquired whether or not sufficient funds are being retained to ensure completion of the boulder wall as required. The Township Engineer stated that they are recommending that over $6,400.00 be retained under "Miscellaneous" which includes the cost of the boulder wall. He added that it is their opinion that this is sufficient to cover the wall construction costs. The Board inquired whether or not the developer has provided an estimated time schedule for completion of the boulder wall. The Township Manager explained that the developer indicated that the work might be completed in the Fall (November). He added that the actual time table for completion of the improvements as required by the approved plan is Fall of 2003 and noted that the Township will continue to retain sufficient funds to ensure completion of the project. On a motion by McSparran, seconded by Myers, the Board unanimously approved a release of $19,395.44 from the Letter-of-Credit for Rabbit Hill Estates.

Miller requested the Board’s consideration to require the vinyl fence to be extended an additional 20' along the length of his property due to the inconvenience and financial hardships he has suffered as a result of this project. The Chairman explained that the fence is not drawn the entire length of the property on the plan, and the Board will not authorize any changes to the approved plan since a change to the plan was the issue that Miller objected to originally. He advised Miller to submit any additional concerns in writing and added that the Township will consider the concerns at a later date.

CONSIDER THE REQUEST FOR A TIME EXTENSION FOR THE CORNERSTONE LAND DEVELOPMENT PLAN: The Board reviewed the request. On a motion by Vigunas, seconded by McSparran, the Board voted unanimously to grant a 90-day extension of time for the Cornerstone Land Development Plan.

CONSIDER THE TRAJAN PUTNIK PRELIMINARY LAND DEVELOPMENT PLAN, PREPARED BY SAXINGER & BLACK, DATED 2/12/02: Michael Saxinger, representing Saxinger Black & Murphy, stated that the applicant submitted a Variance request to reduce the required setbacks on Lot A of the plan to the Zoning Hearing Board on October 10, 2001. The Zoning Hearing Board rendered a decision on the case (Case #574) at their November 14, 2001 meeting. Saxinger explained that a revised plan was presented for review by the Planning Commission which illustrated a parking area on Lot B of the plan, and subsequently, the Commission recommended that the revised plan be presented to the Zoning Hearing Board for their review and determination. Saxinger stated that the revised plan was submitted for review by the Zoning Hearing Board at their August 14, 2002 meeting and at that time, they voted unanimously to confirm the prior decision for Case #574 and granted a 12-month extension of time to secure Land Development Plan approval. Saxinger stated that the revised plan proposes a lot-add on from Lot B to Lot A to provide an additional parking area for the automobile business. The property owner is proposing the construction of a 1,736 sq. ft. building on the lot. The front portion of the building would serve as the sales office and the remaining portion of the building would serve as the garage area. Saxinger detailed the proposed layout of Lot A for the benefit of the Board and noted that the applicant has received a Highway Occupancy Permit from PennDOT for the access along SR 772 (Rothsville Road).

The Township Manager explained that both Lot A and Lot B of the plan are zoned Community Commercial. Lot A, which abuts Rothsville Road (SR 772) is where the proposed automotive sales business would occur; Lot B, which is used primarily for residential purposes, is where the property owner’s home is located. He explained that the plan proposes roadway improvements at the frontage of the site along Rothsville Road. He added that deliveries to Lot A via car carriers would be restricted from Rothsville Road. In addition, commercial access to Lot A is restricted from Lititz Run Road. He noted that one of the Waivers requested this evening pertains to roadway improvements along Lititz Run Road. He explained that although the Commission is agreeable to waiving the requirement for improvements along Lititz Run Road, they included a condition that the developer provide additional right-of-way as originally offered. The additional right-of-way would be used to perform improvements to the existing culvert along the roadway to improve drainage in this area. The developer has agreed to offer additional right-of-way.

The applicant is requesting a Waiver of Section 405 pertaining to Traffic Impact Study submittal. The applicant has requested a Waiver of the requirement to submit a Traffic Impact Study for the development of the site into a used car business. In support of the Waiver request, an Abbreviated Traffic Study has been prepared and submitted to the Township. The Township Engineer commented that based on the information provided, it has been demonstrated that the new access drive intersection will not significantly impact the level of service for Rothsville Road (SR 772) and that a left turn lane into the site is not warranted for the anticipated traffic entering the site. Consequently, there does not appear to be any merit to providing any additional traffic analysis and they recommend approval of the Waiver request. The Planning Commission recommends approval of the Waiver request. On a motion by Moyer, seconded by McSparran, the Board voted unanimously to grant a Waiver of Section 405.

The applicant is requesting a Waiver of Section 603.3A pertaining to required curb for all parking compounds. The Waiver has been requested to allow for the elimination of vertical concrete curb in some portions of the site to allow for the "sheet flow" of storm water from the paved areas into grass swales. The Township Engineer commented that the submitted Plans have been revised in accordance with their previous review by providing precast concrete curb stops (Bumper Blocks) in those locations where vehicles are parked adjacent to landscaped areas, and wood guiderails where there is a potential for vehicles to drift into the Detention Basin. The required vertical concrete curb is provided in other locations on the site including around the Proposed Building as previously suggested.

Consequently, they have no objections to eliminating curb in those areas where it is necessary to allow the sheet flow of storm water, and if alternative barriers are provided in substitution for construction curb as now shown on the plan. The Planning Commission recommends approval of the Waiver request. On a motion by McSparran, seconded by Myers, the Board voted unanimously to grant a Waiver of Section 603.3A

The applicant is requesting a Waiver of Section 603.2.A pertaining to required installation of sidewalk. The applicant is requesting to waive the requirement for installing sidewalk along the frontage of the site with Lititz Run Road (T-923) and Rothsville Road (SR0772). The Township Engineer recommends approval of the waiver, as it applies to both roadways, conditional on the following items: a) The area behind the curb along Rothsville Road shall be graded in a manner to facilitate the future installation of the sidewalks along the frontage of the site, and; b) The applicant/owner agrees to install sidewalks, handicapped accessible ramps and depressed curb sections at any time in the future should the Township undertake a comprehensive roadway or sidewalk improvement project along either roadway. At such time in the future and upon proper notification by the Township, the property owner shall install sidewalks along the frontage of the property with Lititz Run Road and Rothsville Road. They noted that as recommended, these conditions have been added to the plans in Note No. 42, and they suggested that the conditions of the Waiver be added to Item 3 under the "WAIVER(S)" heading on Sheet 1 of 8. The Planning Commission recommends approval of the Waiver request. On a motion by Myers, seconded by McSparran, the Board voted unanimously to grant a Waiver of Section 603.2.A along Rothsville Road and along Lititz Run Road contingent upon the area behind the curb along Rothsville Road being graded in a manner to facilitate the future installation of the sidewalks along the frontage of the site, and that the applicant/owner agrees to install sidewalks, handicapped accessible ramps and depressed curb sections along Rothsville Road and/or Lititz Run Road at any time in the future should the Township undertake a comprehensive roadway or sidewalk improvement project along either roadway.

The applicant is requesting a Waiver of Section 602.10.C pertaining to required improvement of existing streets abutting the site. As indicated by the applicant’s consultant, "this Waiver has been removed since Lot B (fronting on Lititz Run Road) is no longer a part of this Land Development Plan." The Township Engineer commented that to the contrary, Lot B is part of the Plan since a portion of this lot is being added to Lot A, and both lots are under the ownership of the applicant. Therefore, the Waiver is necessary. The applicant /developer previously offered additional right-of-way as part of the plan that will permit the Township to complete the comprehensive improvement of the roadway (realignment) and the replacement of the bridge in the future. The Township Engineer commented that they have no objections to granting the waiver under this approach conditional on the proposed dedication of additional right-of-way along Lititz Run Road as indicated on the previous plans. If agreeable to the Township, the Final Plan should be revised to provide the additional right-of-way along the roadway. The Planning Commission recommends approval of the Waiver request. On a motion by Moyer, seconded by McSparran, the Board voted unanimously to grant a Waiver of Section 602.10.C contingent upon a note being added to the plan restricting any use of Lot B as part of the used car sales operation on Lot A, and upon the property owner granting additional right-of-way to provide for a 25' right-of-way to the centerline of the road at the frontage of the site along Lititz Run Road as part of the Final Plan submittal.

The applicant is requesting a Waiver of Section 606.D pertaining to minimum easement width of 20 feet. Instead of the required easement width, a reduced 10 foot wide utility easement is proposed across Lot B that will encompass the sewer and water laterals that serve Lot A. The Township Engineer commented that with the support of the Warwick Township Municipal Authority, they have no objections to granting the Waiver. Saxinger explained that the Municipal Authority is agreeable to the reduced easement width. The Planning Commission recommends approval of the Waiver request. On a motion by Myers, seconded by Moyer, the Board voted unanimously to grant a Waiver of Section of Section 606.D

The applicant is requesting a Waiver of Section 602.16.C pertaining to the required 50' x 100' Clear Sight Triangle Easement for access drives. As indicated in the request, a modified or reduced clear sight triangle easement is proposed at the new access drive intersection with Rothsville Road (SR 0772). The size of the easement has been maximized without encroaching onto the adjacent properties. The resulting easement measures 50' x _80'. The Township Engineer commented that since adequate sight distances are available at the location of the access drive and a stop sign will be provided, they have no objections to granting the Waiver. The Planning Commission recommends approval of the Waiver request. On a motion by Moyer, seconded by McSparran, the Board voted unanimously to grant a Waiver of Section 602.16.C.

On a motion by Moyer, seconded by Myers, the Board unanimously approved the Trajan Putnik Preliminary Plan contingent upon the Township Engineer’s August 21, 2002 comment letter being addressed.

CONSIDER SEWER MODULE SUBMITTAL FOR JACOB KING: The Board reviewed the Sewer Module submittal. On a motion by Moyer, seconded by McSparran, the Board unanimously approved the Sewer Module for Jacob King.

CONSIDER THE SKETCH PLAN SUBMITTAL FOR LITITZ ORTHODONTICS: Kevin Varner, representing Diehm & Sons, explained that the project site consists of three lots located on the northwest corner of the intersection of Toll Gate Road and Furnace Hills Pike (SR 501). He stated that Lititz Orthodontics is located on the center tract and noted that the lots on either side are currently vacant. The average size of the lots is 0.38 acres and all of the lots are zoned Community Commercial. Varner stated that the lots were created as part of the "Toll Gate North" subdivision plan which was approved in 1983. He explained that the plan this evening proposes to combine the three lots into two lots in order to make each lot more functional and able to meet ordinance requirements.

The plan proposes a 1,750 square foot addition to the existing Lititz Orthodontics building and a new 2-story building containing approximately 4,800 square feet on the adjoining lot. Vigunas inquired whether or not the proposed access could be realigned farther from the intersection. He suggested that several parking spaces should be relocated to the opposite side of the access to accommodate the necessary parking. Varner explained that the access is designated as one-way and the relocation would require two-way vehicular movement. He added that they will be requesting a Waiver of the required 300' intersection separation distance, since only a 150' separation distance is proposed. Varner noted that the access and exit points will be one-way in order to accommodate the narrowness of the lots. Moyer inquired whether or not parking will be sufficient to serve each of the proposed buildings. Varner stated that the Ordinance requires 31 spaces and that 38 parking spaces are currently proposed. He added that the property owner and he are currently reviewing the feasibility of providing additional parking to serve the lots.

The Township Manager stated that the project would require zoning approval for the parking area since the plan proposes to provide parking against the right-of-way along Toll Gate Road. Bucher inquired whether or not the site is feasible to support an additional 4,800 square foot building on the site and inquired whether or not the property owner would consider the construction of a new 2,400 square foot one-story building. Varner explained that, to date, the property owner has not discussed the proposed building with an architect. The Township Manager explained that stormwater issues in this area should be improved as part of this project, and also as part of the Cornerstone Family Practice expansion that is currently proposed.

CONSIDER THE REQUEST BY RANDALL HESS REGARDING LOT 7 OF THE BYLER SUBDIVISION: Randall Hess submitted a letter to the Township requesting consideration to allow the issuance of a building permit for the construction his home on Lot 7 of the plan prior to completion of the roadways within the development. The letter indicates that all property corners and elevations will be staked by Weber Surveyors prior to the home’s construction. The Township Manager stated that the Township has approved similar requests in the past, with the stipulation that a Certificate of Occupancy will not be issued until the street sub-base is constructed. On a motion by Moyer, seconded by McSparran, the Board unanimously approved the request by Randall Hess contingent upon the Certificate of Occupancy being held until the street sub-base is constructed.

CONSIDER RESOLUTION #09-04-02-01 PROVIDING A FEE SCHEDULE FOR LOCAL AGENCY HEARINGS: The Board reviewed the Resolution. The Resolution would establish a fee of $350.00 for each request for approval of an intermunicipal liquor license transfer or issuance of a liquor license for economic development to cover administrative costs associated with the hearing on the request. On a motion by Vigunas, seconded by McSparran the Board unanimously adopted Resolution #09-04-02-01.

ENDORSEMENT OF THE LANCASTER FARMLAND TRUST TDR SALE: The Township Manager explained that Lancaster Farmland Trust sold 58 of their Transferrable Development Rights (TDRs) to Lancaster HMA for the Community Hospital project within Warwick Township. On a motion by Moyer, seconded by Myers, the Board unanimously confirmed their endorsement of the Lancaster Farmland Trust TDR sale.

CONSIDER BIDS SUBMITTED FOR THE PURCHASE OF TRANSFERRABLE DEVELOPMENT RIGHTS (TDRs): The Township Manager stated that the Township received one bid for the purchase of the TDRs offered for sale by the Township. Lancaster HMA submitted a bid of $2,000.00 for each TDR (the minimum bid requirement). On a motion by Myers, seconded by McSparran, the Board unanimously accepted the bid submitted by Lancaster HMA for the purchase of 83 TDRs at a cost of $2,000.00 each (total purchase price $166,000.00).

REVIEW OF THE JOHN BONFIELD ELEMENTARY SCHOOL RECREATIONAL FIELDS PROJECT: The Township Manager stated that the project will be presented to the Warwick School Board on Monday, September 9, 2002. He explained that the 10-acre tract that is the subject of the project is located behind the John Bonfield Elementary School. He noted that the project is a cooperative effort with the developer of the Newport Square Development, the Warwick School District, Lititz Borough, and Warwick Township. He explained that the existing Lititz/Warwick Trailway will be extended into the tract to provide pedestrian access. A foot bridge has been constructed along the trail which crosses the Moore’s Run tributary. The trail also connects to the pedestrian trail within the Newport Square development. The Township Manager presented a conceptual design of the final layout of the recreation area for the Board’s review and information. The design provides for a combined Softball/Little League field and a combined 75'/90' infield baseball field. The design also provides for 3 multi-purpose fields which could be used for lacrosse, rugby or field hockey, in addition to soccer. He explained that the elementary school’s parking lot will be used to serve this site. He added that the school district will maintain the 10-acre tract. The Township Manager explained that a detention basin and swale system are also proposed on the tract to address stormwater flows to the site. He noted that the Public Works Department may provide labor and equipment toward the completion of the project. The Board is in agreement with the conceptual design of the John Bonfield Elementary School recreation fields project.

CONSIDER PROCLAMATION DECLARING AMERICAN CONSTITUTION WEEK, SEPTEMBER 17- 23, 2002: The Board reviewed the Proclamation. On a motion by Moyer, seconded by Myers, the Board unanimously adopted the Proclamation declaring American Constitution Week from September 17, to September 23, 2002.

CONSIDER RESOLUTION #09-04-02-02 TO AUTHORIZE ACQUISITION OF TDR'S ATTRIBUTABLE TO PROPERTY OWNED BY JOHN AND PATSY HESS: The Board reviewed the Resolution. The Resolution would authorize the acquisition of 44 TDRs (representing approximately 88.40 acres of preserved farmland) at a total cost to the Township of $30,000.00. On a motion by Myers, seconded by Vigunas, the Board unanimously adopted Resolution #09-04-02-02.

CONSIDER RESOLUTION #09-04-02-03 TO AUTHORIZE ACQUISITION OF TDR'S ATTRIBUTABLE TO PROPERTY OWNED BY GLENN AND CHARLENE REIFF: The Board reviewed the Resolution. The Resolution would authorize the acquisition of 52 TDRs (representing approximately 105.94 acres of preserved farmland) at a total cost to the Township of $30,000.00. On a motion by Myers, seconded by McSparran, the Board unanimously adopted Resolution #09-04-02-03.

LRWA AWARDED 2002 CF INDUSTRIES NATIONAL AWARD: The Township Manager explained that the Lititz Run Watershed Alliance one of the recipients of the 2002 CF Industries National Watershed Award. He explained that each year, one corporation and three watershed groups are recognized for their outstanding leadership in protecting America’s water resources. The award is administered by the Conservation Fund, which is a nonprofit organization based in Arlington, VA that acts to protect the nation’s land and water resources. The award ceremony will be held on Thursday, September 26, 2002 in Washington D.C. He invited the Board members to attend the award ceremony.

GUEST RECOGNITION: Michael Miller, 960 Rabbit Hill Road, reiterated his concerns regarding the Rabbit Hill Estates subdivision. The Township Manager stated that he will meet with both Miller and the developer (Craig Hasson) following completion of the wall to discuss the restoration of the property. He noted that he cannot guarantee any resolution to Miller’s concerns which are not part of the approved plan.

EXECUTIVE SESSION: The Chairman announced that the Board will meet in an executive session to discuss personnel issues.

ADJOURNMENT: Upon reconvening the meeting, and with no further business to come before the Board, the meeting was adjourned at 9:45 p.m.

Respectfully submitted,

Daniel L. Zimmerman
Township Manager