Minutes, Manheim Township Board of Supervisors Meeting February 18, 2008
The Manheim Township Board of Supervisors, York County, PA met on Monday, February 18, 2008 to reorganize for 2008 and transact the regular monthly business.
The following were in attendance:
Larry Miller, Chairman
Dwight Myers, Vice Chairman
Matt Muir, Supervisor
Township Staff:
Loren Riebling, Township Manager
Lynn Smith, Road Master
Michelle Hershey, Secretary-Treasurer
Solicitor:
Not Present
There were 10 persons in the audience.
Chairman Miller called the meeting to order at 7:00 PM with the Pledge to the Flag.
Chairman Miller announced that Penn Township e-recycling at Penn Township Public Works building on April 5 for 9am – 2pm.
Public Comments-
None
1. Reports –
Vice Chairman Myers stated that in the January 2008 minutes on page 10 "accent" needed to be changed to "accept".
Vice Chairman Myers made a motion, seconded by Supervisor Muir, to approve the consent package with stated changes consisting of: monthly Board of Supervisors minutes (01/07/08), Planning Commission minutes for February 7, 2008 (draft), Recreation Committee minutes for November 15, 2007 and January 9, 2008 and reports from the following: Manager, Treasurers report, Zoning, Road Department, SEO (01/08), SWRPD: Chiefs Report (2/13/08) monthly statistics 12/07 & 01/08, approved minutes/reports 12/14/07 & 01/09/08.
Vote 3-0
2. Solicitor Report –
No Report
3. Committee Reports –
1. Southwestern Regional Police Department –
Next SWRPB meeting, March 12, 2008 at 7:00 pm at 6115 Thoman Road.
Manheim Township had 79 calls for service, 23 tickets, 44 written warnings, and 7 arrest charges.
4. EMA –
Gubernatorial appointment of Susan Kolmer received on February 6, 2008 from Governor Rendell.
5. Rec. Board –
The next meeting will be March 12, 2008 @ 7:00 PM.
Resignation was submitted by Robbie Peterson. No new candidate has been recommended to date.
Meeting with Rettew & DCNR at park on March 26, 2008 at 10:30 am.
Recreation Committee will be hosting a Big Boys Toys Basket Bingo on April 12, 2008 at Porter’s Fire Hall.
6. LGAC-
Nothing to report.
7. Subdivision –
West Winds Estates (Blue Hill/New connector to Orchard View Drive, Binner property) – 13 lot Preliminary Plan and Modification Request Applications.
These applications were accepted for review and consideration on July 7, 2005. The extended ninety day review period will expire on March 23, 2008.
All required reviews are complete with comments provided.
Last revised plan submission dated 9/1/2005, last engineer’s review 12/9/2005.
No additional information has been provided; the application remained on the table.
Fox Ridge Court – 4 lot Preliminary Plan and Modification Request Application
Riebling reported these applications were submitted to this office on November 16, 2005. A preliminary review was completed on November 21, 2005. The applicant corrected the deficiencies and resubmitted the corrected application. The Board of Supervisors accepted this application on December 1, 2005. The extended ninety day review period will expire on February 23, 2008.
Review comments have been received from all necessary agencies regarding these applications.
Riebling reported that the last revised plan was dated 01/23/06. The last Township Engineer review generating additional comments was dated 03/20/06.
Riebling reported a cost estimate was submitted for this project on June 28, 2006. The estimate was copied to the Municipal Engineer for approval. A revised plan addressing storm water and other minor comments has not been submitted. We have received new comments from the municipal engineer on October 12, 2006, and well reports from the applicant on September 29, 2006.
The applicant has submitted a review period extension request for consideration. Upon favorable action, the review period will expire on May 19, 2008.
Vice Chairman Myers made a motion, seconded by Supervisor Muir to grant the 90 day extension request.
Vote 3-0
Chairman Miller made a motion, seconded by Supervisor Muir to table the Fox Ridge Court – 4 lot Preliminary Plan and Modification Request Applications.
Vote 3-0
KEM Construction – 8 Lot Final Plan Applications
Conditional approval was given on this plan on January 7, 2008. The conditions must be met by April 6, 2008.
The following conditions apply to modification requests granted as part of the preliminary plan approval and must be met prior to final plan approval:
- 1. The applicant shall submit $1,500.00 as a fee in lieu of doing a traffic study prior to final plan approval as a condition of granting a modification request for Sections 46.22.403.7.D and 46.22.409.3.
- 2. The applicant shall submit $13,860.00 as a fee in lieu of reconstructing the required curbing on Blue Hill Road prior to final plan approval as a condition of granting a modification request for Section 46.22.502.5.
The following conditions incomplete as 02/13/2008:
1. A general inspection schedule approved by the municipal engineer needs to be provided for proposed improvements. (Section 405.2.L & 604)
2. Addressing storm water management comments 2 & 3 in the municipal engineer review letter dated January 3, 2008.
The applicant has submitted the financial security and improvement guarantee agreement for execution by the Board.
Supervisor Muir made a motion, seconded Vice Chairman Myers to accept the financial security and improvement guarantee agreement for the KEM Construction – 8 Lot Final Plan Applications. Vote 3-0
Chairman Miller made a motion, seconded by Vice Chairman Myers to table the KEM Construction – 8 Lot Final Plan Applications until all conditions are met.
Vote 3-0
Dennis Bosley Phase II – 8 lot Preliminary Plan and Modification Request Applications
This application was accepted for review and consideration on February 19, 2007. The ninety day review period expiration will be May 14, 2008.
These applications have been reviewed by all required agencies with comments provided.
No additional information has been provided; the application remained on the table.
Glenville Hollow Farms (Yingling) – 11 Lot Preliminary Plan and Modification Request Applications
These applications were conditionally approved on November 19, 2007 with the conditions needing to be met by the extended deadline of May 17, 2008.
The following conditions are incomplete as of 02/13/2008:
- 1. Provide evidence of approval of the erosion & sedimentation control plan and NPDES permit, if applicable.
- 2. Revise general note 19 to include the granting of the concrete monument modification request (Section 502.1.N) and the date of the two recent modification requests.
- 3. Revision of general note 25 to indicate that the retaining wall drawings need to be submitted and approved by the municipal engineer prior to the issuance of a zoning or building permit.
- 4. Provide verification that the sewage testing on Lot 7 meets minimum set back requirements for sewage disposal facilities.
The Applicant has submitted for consideration an additional modification request from Section 510.5.C of the storm water management regulations. This section requires that storm water detention facilities be capable of draining dry within 24 hours. The Planning Commission and municipal engineer have reviewed and commented on this request.
The recommendation is to grant the MR subject to meeting the municipal engineer’s conditions of approval contained in their review letter dated February 14, 2008, related to plantings, maintenance agreements, and the addition of details on the plan.
Supervisor Muir made a motion, seconded by Vice Chairman Myers to conditionally approve the modification request from Section 510.5.C of the storm water management regulations subject to meeting the municipal engineer’s conditions of approval contained in their review letter dated February 14, 2008, related to plantings, maintenance agreements, and the addition of details on the plan.
Vote 3-0
Chairman Miller made a motion, seconded by Vice Chairman Myers to table the Glenville Hollow Farms (Yingling) – 11 Lot Preliminary Plan and Modification Request Applications until all conditions are met.
Vote 3-0
Grave Run Road Final Plan Application
These applications were accepted for review and consideration on September 17, 2007. The ninety day review period will expire on March 16, 2008.
All required agency reviews have been completed and comments provided.
The applicant has submitted a letter asking for additional consideration on the required pipe replacement.
Chairman Miller made a motion, seconded by Supervisor Muir to deny the request due to lack of acceptable alternatives.
Vote 3-0
Chairman Miller made a motion, seconded by Vice Chairman Myers to accept the financial security and guarantee agreement.
Vote 3-0
Daniel Shue – 2 Lot Final Plan and Modification Request Applications
These applications were accepted for review and consideration on September 17, 2007. The ninety day review period will expire on March 15, 2008.
All required agency reviews have been completed and comments provided.
The Board approved the modification request for sections 403.D.14 and 409.B.3.b, waiving replacement area testing on the residual lot at the meeting on January 7, 2008. Revised plans addressing the agency comments have been submitted.
Minor plan revisions have been applied that reduce the earthmoving necessary for the residential driveway installation, but the storm water management facilities remain as previously reviewed and commented on by our municipal engineer.
These applications are recommended for final approval conditioned on the following:
- 1. Adding modification requests granted January 7, 2008, for secions 403.D.14 and 409.B.3.b, related to replacement area testing and easements for septic system to general note 21.
- 2. DEP approval of the sewage facilities planning module.
- 3. YCCD approval of the erosion and sedimentation control plan.
- 4. Addressing storm water management comment #2 contained in the municipal engineer’s review dated 2/12/08.
Upon conditional approval, the applicant will have ninety days to meet the conditions. This period will expire on May 18, 2008.
Chairman Miller made a motion, seconded by Vice Chairman Myers to grant conditional final approval with the stated conditions being met within ninety days for the Daniel Shue-2 Lot Final Plan and Modification Request Applications.
Vote 3-0
Marlene Wildasin – 2 Lot Final Plan and Modification Request Applications
These applications were accepted for review and consideration on October 15, 2007. The ninety day review period will expire on April 12, 2008.
The required agency reviews have been completed and comments submitted.
The applicant has submitted a revised sewage planning waiver request which was approved by our Planning Commission on February 7, 2008. This waiver is recommended for approval by the Board.
Chairman Miller made a motion, seconded by Vice Chairman Myers to accept the sewage planning waiver for the Marlene Wildasin – 2 Lot Final Plan and Modification Request Applications.
Vote 3-0
Vice Chairman Myers made a motion, seconded by Supervisor Muir to table the Marlene Wildasin – 2 Lot Final Plan and Modification Request Applications until all agency review comments are addressed and the modification notes are added and/or addressed.
Vote 3-0
Randy & Judy Wentz – 4 Lot Final Plan and Modification Request Applications
These applications were accepted for review and consideration on October 15, 2007. The ninety day review period will expire on April 12, 2008.
The applicant has submitted a revised sewage planning waiver request which was approved by our Planning Commission on February 7, 2008. This waiver is recommended for approval by the Board.
Chairman Miller made a motion, seconded by Vice Chairman Myers to accept the sewage planning waiver for the Randy & Judy Wentz – 4 Lot Final Plan and Modification Request Applications.
Vote 3-0
Supervisor Muir made a motion, seconded by Vice Chairman Myers to table the Randy and Judy Wentz- 4 Lot Final Plan and Modification Request Applications until all agency review comments are addressed and the modification notes are added and/or addressed.
Vote 3-0
Fred & Kathryn Laurence – 2 Lot Final Plan and Modification Request Applications.
These applications were accepted for review and consideration on December 17, 2007. The ninety day review period will expire on March 16, 2007.
All required agency reviews have been completed and comments submitted.
The applicant has submitted a sewage planning waiver request which was approved by our Planning Commission on February 7, 2008. This waiver is recommended for approval by the Board.
Based on the nature of the application and the agency review comments provided, the recommendation on the modifications requested is as follows:
1. Section 403.3.A.3 – Existing Features Plan Sheet – The applicant requested that he be permitted to show both existing and proposed features on a single sheet due to the limited amount of existing features to be shown. Grant based on the justification and alternative.
2. Section 403.7.B, 409.4 – Water Feasibility Report - The applicant will submit a well yield report for the actual constructed well for the proposed building lot prior to subdivision approval. Grant based on the justification and alternative conditioned on the well meeting potability, daily yield, and drawn down requirements.
3. Section 403.7.E – Wetlands Report – The applicant noted that NWI map did not identify any potential wetlands within the project area. In addition, the applicant will provide an abbreviated report by a qualified geologist in-lieu of the normally required report. Grant based on the justification and alternative.
4. Section 502.1.N – General Design Standards – Permanent Concrete Markers – The applicant withdrew the request as it was deemed not necessary.
5. Section 502.5 & 502.7 – Reconstruction of Existing Streets – The applicant’s note the relatively recent improvements made to Blue Hill Road by PennDot and Zumbrum Road by the Township. Grant contingent on providing a fee-in-lieu amount acceptable to the Township.
6. Section 502.11 – Curbing – The request was made based on the absence of curbing along the roadway adjacent to the property and the potential for creating undesirable concentrated drainage flows. Grant contingent on providing a fee-in-lieu amount as acceptable to the Township.
The applicant has submitted a review period extension request for consideration. Upon favorable action, the review period will expire on May 19, 2008.
Chairman Miller made a motion, seconded by Vice Chairman Myers to approve the sewage planning module.
Vote 3-0
Supervisor Muir made a motion, seconded by Vice Chairman Myers to grant the 90 day extension request.
Vote 3-0
Chairman Miller made a motion, seconded by Supervisor Muir to grant the modifications requested as presented.
Vote 3-0
Vice Chairman Myers made a motion, seconded by Chairman Miller to table the Fred & Kathryn Laurence – 2 Lot Final Plan and Modification Request Applications until agency comments are addressed and revised plans submitted.
Vote 3-0
Randal & Patricia Smith – 2 Lot Final Plan and Modification Request Applications
The Board accepted these applications for review and consideration on January 7, 2008. The ninety day review period will expire on April 6, 2008.
All required agency reviews have been completed and comments submitted.
Based on the nature of the application and the agency review comments provided, the recommendation on the modifications request is as follows:
1. Sections 403.3.A.3 – Existing Features Plan Sheet – The applicant requested that he be permitted to show both existing and proposed features on a single sheet due to the limited amount of existing features to be shown. Grant based on the justification and alternative.
2. Section 403.7.B, 409.4 – Water Feasibility Report – The applicant will submit a well yield report for the actual constructed well for the proposed building lot prior to subdivision approval. Grant based on the justification and alternative conditioned on the well meeting potablility, daily yield, and drawn down requirements.
3. Section 502.1.N – General Design Standards – Permanent Concrete Monuments – The applicant requested that he limit his monumentation to where the new lines of division intersect Shue Lane and Highland Lane and as would otherwise be required along Blooming Grove Road. Grant contingent on providing steel pin lot markers along the private lanes’ rights’-of-ways.
4. Section 502.5 & 502.7 – Reconstruction of Existing Streets – The applicant noted the relatively recent improvements made to Blooming Grove Road by PennDot. Grant contingent on providing a fee-in-lieu amount as acceptable to the Township.
5. Section 502.2 – Private Streets – As no access is proposed onto Highland Land and this proposed development represents the final development permitted for Shue Lane to retain its status of a "Private Road," the applicant seeks a waiver from requiring any improvements to the subject roads. Provisions will be taken to prohibit new access by neighboring parcels to these road where the usage would provide in excess of four (4) parcels thereby requiring a change in the status and of the road. Grant contingent on the applicant providing separate use and maintenance agreements for both right of ways known as Shue Lane and Highland Lane, with all parties permitted to utilize the private right of ways included in the agreements.
6. Section 510.7.F.3.c.2 – Design Standard – BMP’s – The applicant presented information relating to soils testing and "limiting zones." In cases of high bedrock limiting zones, it can be shown that this is an undesirable situation for septic effluent, but it promotes storm water infiltration and recharge. The limiting zone for septic testing shows between 29 and 34 inches, but is only fractured rock. Will be "clean" water infiltration (i.e. runoff not subject to road oils, greases, salts, etc.) to maintain the integrity of the groundwater. The applicant proposes to reduce the limiting zone and clearance to utilize infiltration in native soil instead of mounds of fill. Grant based on the justification and alternative provided.
Chairman Miller made a motion, seconded by Vice Chairman Myers to grant the Modification request with the conditions being met as presented.
Vote 3-0
Vice Chairman Myers made a motion, seconded by Supervisor Muir to table the Randal & Patricia Smith – 2 Lot Final Plan and Modification Request Applications until agency comments are addressed and revised plans submitted
Vote 3-0
New Applications:
Dorothy and Todd Gracey – 4 Lot Final Plan and Modification Request Applications
These applications were submitted on February 7, 2008. A preliminary completeness review was completed on February 11, 2008, with 16 deficiencies noted. The applicant has revised and resubmitted the applications to address these deficiencies.
It is recommended that these applications be accepted for review and consideration. Upon acceptance, the ninety day review period expiration will be May 18, 2008.
Supervisor Muir made a motion, seconded by Vice Chairman Myers to accept the Dorothy and Todd Gracey – 4 Lot Final Plan and Modification Request Applications for review and consideration.
Vote 3-0
George & Mary Jean Tracey – 2 Lot Final Plan and Modification Request Applications
These applications were submitted on February 7, 2008. A preliminary completeness review was completed on February 11, 2008, with 4 deficiencies noted. The applicant has revised and resubmitted the applications to address these deficiencies.
It is recommended that these applications be accepted for review and consideration. Upon acceptance, the ninety day review period expiration will be May 18, 2008.
Supervisor Muir made a motion, seconded by Vice Chairman Myers to accept the George & Mary Jean Tracey – 2 Lot Final Plan and Modification Request Applications for review and consideration.
Vote 3-0
Wayne & Laurel Fuhrman – Storm Water Management Plan and Modification Request Applications
These applications were submitted on February 7, 2008. A preliminary completeness review was completed on February 11, 2008, with no deficiencies noted.
It is recommended that these applications be accepted for review and consideration. Upon acceptance, the ninety day review period expiration will be May 18, 2008.
Chairman Miller made a motion, seconded by Vice Chairman Myers to accept the Wayne & Laurel Fuhrman – Storm Water Management Plan and Modification Request Applications
for review and consideration.
Vote 3-0
Brenner/Small – Landis Road Preliminary Plan
This application was conditionally approved with one remaining condition to be met regarding the on lot water wells. We had asked our municipal engineer to review the water well report to
provide advice on coliform contaminated well mitigation and also the potential detrimental impact to adjoining wells from reported interference.
The municipal engineer indicated that the reported interference does not appear to be significant. He also advised that the contaminated wells on lots 1, 3, and 6 be tested for potability as a condition of occupancy, with a note on the plan indicating this requirement. In the event that coliform is still present a UV treatment system could be installed.
Chairman Miller made a motion, seconded by Vice Chairman Myers to grant conditional final approval with the condition of a note put on the plan indicating that wells 1, 3, and 6 be tested for potability as a condition of occupancy.
Vote 3-0
Chairman Miller made a motion, seconded by Supervisor Muir to approve a 90 day extension request to expire on May 19, 2008.
Vote 3-0
Morgan Estates – 4 Lot Final Plan and Modification Request Applications
This application was conditionally approved on September 17, 2007. The two conditions included submitting the improvement guarantee agreement with financial security in the amount of $275,774.00 and submitting the recreation fee-in-lieu in the amount of $3,000.00. Currently the applicant has outstanding invoices 144 days overdue for engineering fees totaling $666.87. The ninety day period to meet the conditions and gain unconditional final approval expired on December 16, 2007.
The applicant has submitted a request to extend the time needed to meet the conditions from December 16, 2007, through May 18, 2008.
Chairman Miller made a motion, seconded by Vice Chairman Myers to deny the extended time request due to past due invoices not being paid.
Vote 3-0
8. Unfinished Business –
Municipal Complex Planning
Riebling was contacted by an Architectural Firm who would like to meet with the Board to give a free consultation on the prepared planes for the municipal complex.
9. New Business–
Transfer $65,000.00 from Capital Reserve to General Fund Account
Supervisor Muir made a motion, seconded by Vice Chairman Myers to approve transfer of $65,000.00 from Capital Reserve to General Fund Account.
Vote 3-0
Resolution 446 – Account signatories for Peoples Bank
Chairman Miller made a motion, seconded by Vice Chairman Myers to approve Resolution 446 account signatories for Peoples Bank.
Vote 3-0
Capital Reserve MR Fee-in-Lieu Policy
Board recommended having the Planning Commission review the Capital Reserve MR Fee-in-Lieu Policy and present recommendations for changes to the policy at the next meeting.
Recreation Board Resignation & Appointment
Riebling reported that Robbie Peterson submitted a letter of resignation to the Recreation Board. No new appointment has been presented.
Ordinance 46 Amendments proposed by Planning Commission
The Board reviewed draft amendments prepared by the Planning Commission.
10. Purchase Requisitions -
None
11. Training Notices (Brochures included in report)
Gerald Shue – Pesticide Training at Lancaster, March 4; $60.00.
Vice Chairman Myers made a motion, seconded by Supervisor Muir to approve Gerald Shue attending Pesticide Training at Lancaster, March 4; $60.00.
Vote 3-0
Michelle Hershey – 2008 IIMC at Shippensburg; March 26-28 and September 17-19; $425.00 registration, plus accommodations and expenses.
Supervisor Muir made a motion, seconded by Chairman Miller to approve Michelle Hershey attending the 2008 IIMC at Shippensburg; March 26-28 and September 17-19; $425.00 registration, plus accommodations and expenses.
Vote 3-0
Next Meeting
Next Regular Meeting – March 17, 2008 at 7:00 PM
There being no further business Vice Chairman Myers adjourned the meeting at 9:10 PM.
Respectfully Submitted,
Michelle E. Hershey
Secretary-Treasurer