Chairman Bruce Bucher convened the May 22, 2003 meeting of the Board of Supervisors at 8:00 a.m. Present were Supervisors Bruce Bucher, W. Logan Myers, Michael Vigunas, and Roger Moyer. Joseph McSparran was absent. In attendance were Township Manager Daniel Zimmerman, Police Chief Richard Garipoli, Roadmaster Dean Saylor, Code and Zoning Officer Thomas Zorbaugh, Irel Buckwalter, Craig Bonenberger, Tom Matteson, Ned Pelger, Kevin Varner, Greg Wilson, Vicki Wilson, R.W. Zimmerman, Dwight Wagner and Nancy O’Conor.

APPROVAL OF MINUTES: On a motion by Moyer, seconded by Myers, the Board unanimously approved the minutes of the April 2, and April 16, 2003 meetings as submitted.

TREASURER’S REPORT: The Board reviewed the Treasurer’s Report. On a motion by Myers, seconded by Moyer, the Board unanimously approved the Treasurer’s Report as submitted.

PAYMENT OF BILLS: The Board reviewed the list of bills submitted for payment. On a motion by Vigunas, seconded by Myers, the Board unanimously approved the payment of bills from the General Fund in the amount of $374,995.64.

MANAGER'S REPORT:. The Township Manager provided a status report on the Lancaster County Planning Commission’s Smart Growth Leadership Award program. He stated that Lititz Borough will be submitting a regional application for the Joint Strategic Plan and Warwick Township will be submitting a regional application for the Warwick Emergency Services Alliance. He noted that the Township will also be submitting applications for the Transferrable Development Rights (TDR) program, and the Warwick Watershed Day program.

The Township Manager provided a status report on several recreation projects. He stated that the Public Works Department has completed the access drive and parking lot at the Forney Field complex. He added that signage and final landscaping will be completed during May. He noted that dedication of the facility is anticipated for early Fall. The Township Manager stated that the DCNR Technical Study for the creation of a regional recreation advisory committee is tentatively scheduled to begin in July, 2003. He added that the contract from DCNR for the Rails-to-Trails feasibility study (from Lititz Borough to Ephrata) will need to be executed and noted that no time frame has been established for the project to begin.

The Township Manager stated that the Township received a renewal proposal for the Township’s Health Plan. If accepted by the Board, the renewal would become effective June 1, 2003. The Township Manager outlined the proposal for the benefit of the Board. On a motion by Moyer, seconded by Myers, the Board unanimously accepted the renewal proposal by Erin Group Administrators, Inc.

The Township Manager stated that a draft of the Stormwater Ordinance has been submitted to DEP for review.

The Township Manager stated that the Municipal Authority received a bid of $21,100 for the purchase of their Backhoe.

The Board unanimously approved the Township Manager's Report.

TAX COLLECTOR'S REPORT: The Board reviewed the April, 2003 Tax Collector's report. On a motion by Myers, seconded by Vigunas, the Board unanimously approved the Tax Collector's April, 2003 report.

PUBLIC WORKS DEPARTMENT REPORT: The Roadmaster presented a report that outlines the activities of the Public Works Department during April, 2003. On a motion by Vigunas, seconded by Myers, the Board unanimously approved the Public Works Department's April, 2003 report.

POLICE DEPARTMENT REPORT: The Police Chief presented a report that outlines the activities of the Police Department during April, 2003. The Police Chief stated that the final meeting for the Community Watch program was held on May 14, 2003 and added that approximately 10 "block captains" have been designated. He added that the Citizens Police Academy begins next week. He stated that the Police Department is currently advertising for Police Officer candidates and noted that he will update the Board periodically on the hiring process. He added that he anticipates an approximate three-month hiring process. On a motion by McSparran, seconded by Moyer, the Board unanimously approved the Police Chief's April, 2003 report.

ZONING OFFICER'S REPORT: The Zoning Officer presented a report that outlines the Zoning/Building permits issued in April, 2003. He also outlined the case that was heard at the Zoning Hearing Board’s April 9, 2003 zoning hearing. On a motion by Myers, seconded by Moyer, the Board unanimously approved the Zoning Officer’s April, 2003 report.

CONSIDER THE HIGHLANDS PROFESSIONAL OFFICES FINAL SUBDIVISION AND LAND DEVELOPMENT PLAN, PREPARED BY RETTEW ASSOCIATES, DATED 2/21/03: Tom Matteson, representing Rettew Associates, explained that the proposal was previously presented to the Board as a Sketch Plan. He addressed the Township Engineer’s April 16, 2003 comment letter. The Township Manager explained that the applicant purchased 10 TDRs from the Township and 10 TDRs from Farmland Trust for the proposal. He stated that the draft Access Trail Easement has been submitted for review by the Township Solicitor. He outlined the proposed stormwater facilities that are the subject of the Waiver requests for the benefit of the Board. The Township Manager explained that the Municipal Authority will be reviewing the proposal this evening and provided additional background on the project. He noted that the Township Engineer will provide a final review of the proposal in the future. The Township Manager explained that he requested the applicant to conduct another analysis on the right-turn lane at the joint access drive. He stated that the results of the analysis indicate that a right-turn lane would not be required at this location as part of this proposal. He added that although the threshold for traffic on this lot is higher than originally projected, it does not currently impact the proposed improvements to Highlands Drive. He noted that Township Staff recommends that the issue be noted as part of this plan until it can re-evaluated as part of further development of this area. Matteson stated that following this project, there are two additional lots that could be developed along Highlands Drive. He noted that one of the lots was illustrated as part of the Community Hospital site and added that the Master Plan for the hospital proposes an additional access point along Highlands Drive. Vigunas expressed concern that future development of this area will create a significant volume of traffic. He suggested that the applicant consider constructing a deceleration lane as part of this project, and future projects could reimburse the cost of the construction. Matteson explained that since the proposed traffic volume does not warrant the requirement for this location, it could create an undue financial burden on the applicant. Myers inquired whether or not the projected traffic volume for the development of lot 3 could potentially require the deceleration lane. Matteson explained that the traffic analysis included a full build-out of the site to 2007. Vigunas inquired whether or not the analysis included the potential connection of Koser Road into Warwick Township. Matteson stated that the analysis did not include the potential connection. Vigunas explained that one of the Township’s goals is to reduce traffic on SR 501; therefore, the potential exists for an increased traffic volume on Highlands Drive. The Township Manager explained that there would be three lanes along Highlands Drive (including a turning lane) to accommodate traffic volume. The Board briefly discussed future traffic patterns in this area of the Township. Bucher stated that motorists will need to make a 180 degree turn to access the site and suggested that the access be relocated farther east to reduce the radius. Pelger suggested that traffic patterns be re-evaluated when the adjoining lot is developed and that the issue be addressed at that time if necessary. The Township Engineer suggested that the applicant be requested to perform an additional traffic analysis that includes the future extension of Koser Road into Warwick Township. Moyer inquired what would be the cost to construct a right-turn lane at this location. Pelger stated that although the cost is not significant, the timing of the project could be adversely impacted. He noted that construction of the project was based on the Board’s approval of the proposal this evening, and construction beginning on June 2, 2003. Bucher stated that it appears that the joint access to the adjoining lot may have to be reconstructed in order to accommodate future traffic patterns. Pelger stated that it is possible that a future developer would not use the access point and use this area for stormwater management instead. Bucher stated that the issue should be addressed at this time so the Board is on the record expressing concern over potential traffic patterns along Highlands Drive. He suggested that the deed for the adjoining lot include a note that includes the potential for a right-turn lane along Highlands Drive.

The Township Manager explained that the farmstead building on the adjoining lot has been evaluated and could potentially be a historic structure. He added that the structure will not be impacted by this project and noted that the structure is on a separately deeded tract.

The applicant is requesting a Waiver of Section 301.3 pertaining to Preliminary Plan submittal. The applicant is requesting a Waiver of the requirement to submit a Preliminary Plan for the development of Lot 3 within the Shoppes at Kissel Village/Buckhill Farm subdivision. The development of the subject lot and construction of the new Office Building will be addressed by processing a Subdivision Plan to divide the existing Lot 3 and Land Development Plan to address the development of resultant Lot 3A. The Township Engineer commented that, as indicated in the request letter, the majority of the planning for the development of this lot has already been completed, including the preparation of a Master Plan for the area. All utilities, traffic improvements (excluding issues related to this submission), storm water management and site access was initially designed, constructed or accounted for as part of the previous project that created Lot 3. Since Preliminary and Final Plans were previously approved for the overall Shoppes at Kissel Village, it is the Township Engineer’s opinion that providing two separate plan submissions for the development of this lot would provide no benefit to either the Township or the applicant. Therefore, since all required planning aspects have been, or will be provided as part of addressing this review, they have no objections to granting the Waiver request. On a motion by Moyer, seconded by Vigunas, the Board unanimously approved a Waiver of Section 301.3

The applicant is requesting a Waiver of Section 225.7.G. Matteson explained that the existing emergency spillway from the detention basin currently flows through the middle of this site; however, the plans propose to divert the overflow through the proposed parking lot. He explained that the design modification creates two issues. The first issue is that the flow path is wider than drainage easement. He stated that the drainage easement will be widened to address the issue. He explained that the second issue is that the modified relief route will function as a swale; therefore, the Ordinance requires 2' of freeboard before the finished floor elevation of the building. He stated that the proposal only provides for 7" of freeboard and added that the calculation is based on a 100-year storm with the basin clogged completely shut. He noted that the developer is agreeable to accepting the risk. The Township Engineer recommends approval of the Waiver contingent upon a note being included in the deed advising of the potential flooding issue.

The applicant is requesting a Waiver of Section 225.7.H pertaining to stormwater basin design. In order to address current regulatory requirements (enacted after the Stormwater Management Ordinance was created) related to the NPDES Phase II permitting, the existing Detention Basin (located on Lot 7) will be retrofitted by regrading to provide a closed loop depression in order to promote filtration. The Township Engineer commented that they have no objections to granting the Waiver request. However, while they believe the soils at the site may be appropriate for infiltration, the designer should evaluate the soil conditions and the potential for sinkhole development. If necessary, any appropriate measures should be undertaken as part of the design and eventual construction.

On a motion by Moyer, seconded by Myers, the Board unanimously approved a Waiver of Section 225.7.G and Section 225.7.H as recommended by the Township Engineer contingent upon a note being included in the deed advising of the potential flooding issue.

On a motion by Vigunas, seconded by Moyer, the Board unanimously approved the Highlands Professional Office plan contingent upon execution of the Ownership/Offer of Dedication Certificate, upon receipt of all applicable agreements (and recording of required agreements) subject to Township staff, Township Engineer, and Township Solicitor’s review and approval, upon recording of the deed for the lot with the note relating to the Waiver of Section 225.7.G (flooding), upon receipt of an approved Letter of Credit to the Township, upon final approval by the Warwick Township Municipal Authority, upon completion of the purchase of TDRs from Warwick Township and Lancaster Farmland Trust, that the applicant address any final comments by the Township Engineer, upon the applicant complying with the recommendations outlined by American Testing Lab in relation to the basin and the modifications relating to infiltration, and upon a plan note indicating that the applicant agrees to modify the access to Highlands Drive (providing a northbound deceleration lane) if requested in the future by the Township.

CONSIDER THE ROY ZIMMERMAN FINAL SUBDIVISION PLAN, PREPARED BY DIEHM & SONS, DATED 2/13/03: Kevin Varner, representing Diehm & Sons, explained that the proposal received Conditional Use approval. The Township Manager explained that the applicant addressed the proposed future access to the adjoining R-1 zoned lands by a plan note, and also by notification within the deed for the affected lots. He explained that a deed notification has also been included to address maintenance of the infiltration trenches used to collect stormwater on the lots.

The applicant is requesting a Waiver of Section 606.E pertaining to minimum width of a drainage easement. The applicant’s consultant has requested a Waiver of the requirement that all easements be a minimum of 20' in width. A 12' wide drainage easement is proposed on lot 2 in order to provide the required 10' separation distance from the on-lot sewage system. The Township Engineer commented that as indicated in the request, they concur that for the 15" diameter storm pipe within the reduced easement, future maintenance should be possible. On a motion by Moyer, seconded by Myers, the Board unanimously approved a Waiver of Section 606.E. On a motion by Vigunas, seconded by Myers, the Board unanimously approved the Roy Zimmerman Final Subdivision Plan, contingent upon execution of the Ownership/Offer of Dedication Certificate, upon receipt of all applicable agreements (and recording of required agreements) subject to Township staff, Township Engineer, and Township Solicitor’s review and approval, and upon recording of the deeds and applicable advisories.

CONSIDER THE REVISED FINAL SUBDIVISION PLAN FOR EAGLES LANDING, PREPARED BY DIEHM & SONS: Kevin Varner, representing Diehm & Sons, stated that the original plan for Eagles Landing proposed 9 single-family lots and explained that the revised plan proposes the creation of 5 single-family lots. The Township Manager explained that proposed lot 1 will be restricted from accessing directly to East Newport Road. He added that the Eagles Landing roadway is currently not dedicated to the Township; however, the applicant has indicated that the roadway will be dedicated to the Township in the future. Bucher stated that he is in favor of fewer lots due to the volume of traffic along East Newport Road. On a motion by Moyer, seconded by Vigunas, the Board unanimously approved the Eagles Landing Revised Final Plan contingent upon execution of the Ownership/Offer of Dedication Certificate.

CONSIDER WARWICK FARMS PRELIMINARY PLAN, PREPARED BY MCCARTHY ENGINEERING., DATED 1/10/03: Craig Bonenberger, representing McCarthy Engineering, explained that the tract is being developed as a "conservation development". Bonenberger explained that the tract contains 98 acres of Rural Estate zoned lands. He added that although approximately 70 lots could be created under the existing zoning, the property owners wish to limit the amount of development on the tract and have proposed only 14 single-family lots. The property owners intend to enroll a majority of the existing farmland into the Conservation Reserve Enhancement Program (CREP). The conservation efforts on the site include planting of warm/cold season grasses, and reforestation of a portion of the site. Bonenberger detailed the lot layout for the benefit of th Board.

Bonenberger explained that several waivers are being requested as part of the plan. He added that the site’s stormwater management is addressed by Best Management Practices (BMPs) and infiltration facilities. He added that the plan does not propose any detention ponds. He stated that although the National Pollutant Discharge Elimination System (NPDES) program only requires infiltration of a 2-year storm event, this plan proposes to infiltrate stormwater from a 100-year storm. He noted that the underlying geology of the site is Shale. Bonenberger stated that the applicant intends to restrict further development of any of the proposed lots. He explained that the plan proposes to convert the Wade Drive temporary cul-de-sac into a permanent cul-de-sac and added that additional easements will need to be acquired to accommodate the proposal. In addition, Brian Drive will be extended into this site as a permanent cul-de-sac to serve several lots; therefore, the existing cul-de-sac paving will be removed and the lot restored to a natural condition.

The Township Manager explained that the lots will be served by public water and noted that the applicant has agreed to provide additional access to the Municipal Authority’s standpipes on the adjacent property as part of this plan. He added that the lots will be served by on-lot septic systems. The Township Manager explained that conservation easements will be provided at various locations throughout the site. He stated that the plan also proposes a 2-acre addition to the Forney Field property which was recently acquired by the Township. The plan proposes shared driveways for the lots being created along Ballstown Road. The Township Manager explained that as part of the stormwater management for the individual lots, future property owners will be provided with several options to address stormwater. He noted that each option must comply with the Township’s Stormwater Management Ordinance.

The applicant is requesting a Waiver of Section 602.5 pertaining to street provisions for future developments. The applicant has requested a Waiver of the requirement to extend the existing, temporary cul-de-sac of Wade Drive into the project site. The applicant intends to complete all necessary construction to convert the configuration of the cul-de-sac to meet the permanent cul-de-sac requirements. The Township Engineer commented that if the Township determines that the extension of Wade Drive is not prudent for the scope of the project, they have no objections to approval of the Waiver contingent upon the applicant converting the temporary cul-de-sac into a permanent cul-de-sac; upon the applicant obtaining the approval form the adjacent property owners (Heisey and Lenglerth) to convert the existing easement around the bulb of the cul-de-sac into the street right-of-way; and upon the applicant ensuring that any construction disturbance on the adjacent properties is restored and stabilized to the satisfaction of the property owners.

The applicant is requesting a Waiver of Section 602.13 pertaining to cul-de-sac streets. As a result of the proposed extension of Brian Drive, the length of the cul-de-sac street will be 654.46'; although the Ordinance indicates that the maximum length of a cul-de-sac should not exceed 600'. The Township Engineer commented that if the Township is comfortable with the street layout as presented, they have no objections to granting the Waiver for the relatively minor increase in the cul-de-sac length.

The applicant is requesting a Waiver of Section 604.4.C pertaining to lot depth to lot width ratio. Considering the proposed "character" of the development and the resulting oversized lots, the configuration of the lots can not meet the criteria of the Ordinance. The Township Engineer commented that if the restriction is imposed on the created lots that no further subdivision, development or creation of additional dwelling units can occur, they would support the Waiver request.

The applicant is requesting a Waiver of Section 602.16 pertaining to access drives. The applicant is requesting relief from the Ordinance requirements pertaining to the minimum widths of Access Drives for the shared Access Driveway leading to lot 7, lot 8, and lot 9. The required width of any access drive with two-way traffic is 24'. In consideration of reducing the amount of impervious cover this project, the applicant has proposed a 16' wide paved access drive with 4' wide gravel shoulders to allow for passing vehicles. The Township Engineer commented that considering the use of the Access Driveway for purely residential purposes, the proposed modification of the design criteria seem appropriate. Therefore, they have no objections to granting the Waiver. The Planning Commission had indicated that shoulders could be eliminated as part of the project since the roadway will be privately owned and would meet spirit of the conservation aspect of the development.

The applicant is requesting a Waiver of Section 404.C pertaining to Plan Information (for Lot Add-on Plans). The applicant is requesting relief from the requirements to survey those existing properties that will receive the indicated Lot Add-On areas (identified as Annexation Parcels, "A", "B", and "C"). The Township Engineer commented that they have no objections to granting the Waiver, subject to the designer providing a deed plot of the existing properties that will receive the Lot Add-On areas. With this information, the necessary resultant deeds can be prepared for recording.

The applicant is requesting a Waiver of Section 608.2 pertaining to floodplain. The applicant is requesting a Waiver of the requirements to prepare a 100-year Floodplain Study for the small tributary that bisects the site and delineate the Floodplain on the Subdivision Plan. There is no building or construction proposed in close proximity to the site. The Township Engineer commented that considering that a "Proposed 70' Wide Riparian Buffer Easement" is shown on the plan encompassing the tributary, they have no objections to granting the Waiver for this particular project. They recommend that the title of the easement be changed to "Proposed 70' Wide Riparian Buffer and Floodplain Easement". Furthermore, a note should be added to the plan indicating that "A 100-year Floodplain study and delineation shall be prepared for the tributary located within the site should any construction or land disturbance be proposed within 100' of the tributary. Such study and delineation shall be subject to the review and approval of Warwick Township prior to the commencement of the construction or land disturbance."

On a motion by Moyer, seconded by Myers, the Board voted unanimously to grant Waivers of Section 602.5, Section 602.1.3, Section 604.4.C, section 602.16, Section 404.C, and Section 608.2 as recommended by the Planning Commission, Township staff and the Township Engineer’s comment letter dated May 22, 2003.

On a motion by Myers, seconded by Vigunas, the Board unanimously approved the Warwick Farms Preliminary Plan contingent upon Township staff’s May 16, 2003 letter being addressed, and upon the Township Engineer’s comment letter dated May 22, 2003 being addressed.

CONSIDER REQUEST FOR REDUCTION OF LETTER-OF-CREDIT FOR THE BYLER SUBDIVISION PROJECT: 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 $38,592.73 from the current Letter-of-Credit. The retainage represents their opinion of the costs to complete the remaining outstanding items. ON a motion by Moyer, seconded by Myers, the Board voted unanimously to release $38,592.73 from the Letter of Credit for the Byler Subdivision Project.

CONSIDER REQUEST FOR RELEASE OF THE DANIEL CICALA LETTER OF CREDIT: The Board reviewed the request. The Township Engineer commented that based on their recent observation at the site, they recommend the Township release the remaining $600.00 and close-out the current Letter-of-Credit account. On a motion by Myers, seconded by Vigunas, the Board voted unanimously to release the remaining $600.00 from the Daniel Cicala Letter of Credit.

STATUS REPORT ON THE CABLE FRANCHISE AGREEMENT NEGOTIATIONS: The Township Manager provided a copy of the priority survey summarization prepared by the consultant, and a draft copy of the agreement for the Board’s review and information. He requested that the Board review the information and provide any comments or revisions so that the consultant can draft a final agreement.

CONSIDER ADDITION TO THE WARWICK TOWNSHIP AGRICULTURAL SECURITY AREA BY WADE HARTZ ADDING 27.68 ACRES: The Board reviewed the information. On a motion by Moyer, seconded by Myers, the Board unanimously accepted the petition from Wade Hartz to add 27.68 acres of land to the Warwick Township Agricultural Security Area.

DISCUSS PLANNING COMMISSION’S RECOMMENDATIONS FOR MODIFICATIONS TO THE SUBDIVISION AND LAND DEVELOPMENT ORDINANCE: The Township Manager provided a copy of a memo from the Planning Commission requesting that the Board consider modifying the Subdivision and Land Development Ordinance. The memo outlines 8 topics for consideration (parking requirements, landscaping, sidewalk placement, cartway standards, access drive requirements, slope easements, aquifer test standards and sinkhole repair). The Township Manager explained that, if agreeable by the Board, the topics will be reviewed by the Lancaster County Planning Commission and local consultants. Subsequently, a draft of the modifications will be presented to the Board for review, and if applicable, adoption. The Board briefly discussed the modifications.

ADJOURNMENT: With no further business to come before the Board, the meeting was adjourned at 9:58 a.m.

Respectfully submitted,

Daniel L. Zimmerman
Township Manager