Meeting Minutes

Board of Supervisors

Wednesday, July 14 2010

Meeting Minutes

The regular meeting of the Buckingham Township Board of Supervisors was held July 14, 2010 in the Township Building, 4613 Hughesian Drive, Buckingham, Pennsylvania.

Present:          

Jon Forest                                Chairperson

Maggie Rash                            Vice-Chairman

Henry Rowan                          Member

Craig A. Smith, Esquire       Township Solicitor

Dana S. Cozza                           Township Manager

Daniel Gray                               Township Engineer

Thomas Kelso                           Township Water/Wastewater Consultant      

Lynn Bush                                  Bucks County Planning Commission

Mr. Forest called the regular meeting to order at 7:40 pm and led The Pledge of Allegiance.

Presentation of Source Water Certificate from the Department of Environmental Protection (DEP) to Buckingham Township.

Mr. John VanZant, DEP Manager of Technical Assistance Program for Sourcewater Protection from Harrisburg, presented the Township with a Certificate of Approval for the proposed Sourcewater protection program submitted by the Township.  Mr. VanZant congratulated the Township and thanked them for their participation in the voluntary effort.  The certificate was given to Mr. Christoph Stannik of the Environmental Advisory Commission (EAC) who spearheaded the effort to put the plan together.  Mrs. Rash noted that the EAC was a volunteer committee.  Mrs. Rash thanked Mr. Stannik and his committee for their work in putting the plan together.    

PUBLIC COMMENT

Mr. George Michel asked about the impact of the Permit Extension Act on Buckingham Township.   Solicitor Smith explained that it would take all permits in effect as of December 31, 2008 and if they had expired, resurrect them and extend them to July, 2013.  Solicitor Smith explained that the State legislature was a superior governmental authority to the Township and noted that the State legislature could do as it saw fit and the Township had to comply. Solicitor Smith noted that there would be an effect on all Townships, but he could not predict what the specific effect on Buckingham would be.  Mr. Rowan suggested that the topic should be addressed at the upcoming town hall meeting with Representative Bernie O’Neill.  Mr. Michel asked what the Source Water certificate covered.  Mr. Stannik explained that the program protected water quality and that each well was examined for protection zones.

BOARD’S ANNOUNCEMENTS

Mr. Forest made the following announcement:

• The Board of Supervisors July 21, 2010 Work Session has been cancelled.
• Family Concerts at Hansell Park Every Thursday evening from 7-9 p.m. through August 12^th,  and Free Summer Fun for Kids. Check the township website at www.buckinghampa.org for details!
• American Red Cross Blood Drive, July 16, 2010, from 2-8p.m., at the Township Building.
• Midway Volunteer Fire Company CARNIVAL! July 22-24 and July 29-July 31, 6:30 p.m. to 11 p.m., at the Midway Carnival Grounds across from Holicong Park on Route 202.  Support our volunteer firefighters!
• Legislative Town Hall Meeting, Representative Bernie O’Neill – Thursday, July 29, 2010, 7pm, Buckingham Township Building.
• Mr. Rowan announced that he received a tax bill from Berkheimer and asked for an update on who is collecting what for whom and why.  Ms. Cozza responded that the Buckingham Township Tax Collector has deputized the Central Bucks School District to collect the CB school taxes.  Central Bucks School District hired Berkheimer to administer this and the school district tax bills are now coming from Berkheimer and not from the Buckingham Tax Collector.

PAYROLL AND BILL LIST

Consideration of approving Payroll for the week ending July 4, 2010 and the Bill List for the meeting of July 14, 2010.

Mr. Forest made a motion, seconded by Mrs. Rash to approve Payroll for the week ending July 4, 2010 and the Bill List for the meeting of July 14, 2010 in the amount of $312,473.12.   The motion carried unanimously. 

MINUTES

 Consideration of approving Supervisor's Minutes of the June 23, 2010 Work Session and June 23, 2010 Regular Business Meeting.

Mr. Forest made a motion, seconded by Mrs. Rash to approve the Supervisor’s Minutes of the June 23, 2010 Work Session and the June 23, 2010 Regular Business Meeting.   The motion carried unanimously.

Consideration of accepting various Departmental Minutes and Advisory Body Minutes.

Mr. Forest made a motion, seconded by Mrs. Rash to accept the various Departmental Minutes and Advisory Body Minutes.  The motion carried unanimously.

BUSINESS

1.  PUBLIC HEARING:  “American Towers, Inc. for the Use and Benefit of MetroPCS Pennsylvania, LLC and Cricket Communications, Inc.”, Township File CU 2010-01, 4776 Lower Mountain Road, TMP 6-18-152, AG-1 Zoning District, (Hearing Continued from 6/23/10).

The hearing was opened at 8:02pm.  The hearing was recorded by a stenographer. 

The hearing was closed at 8:36pm.

Mr. Forest made a motion, seconded by Mrs. Rash to grant conditional use to American Towers, Inc. for the Use and Benefit of MetroPCS Pennsylvania, LLC and Cricket Communications, Inc.”, Township File CU 2010-01, 4776 Lower Mountain Road, TMP 6-18-152, AG-1 Zoning District with the following conditions:

• The applicant will pay a $2000 civil penalty as a result of Cricket Communications  putting an electrical box and equipment at the site prior to conditional use approval or the obtaining of permits to do so;
• The Applicant shall post 5mph speed limit signs and restrict access off the surface of the driveway so there would be no injury to yards adjoining the driveway (Applicant has already done so but maintaining the signs and restricted access is a condition of the approval);
• The applicant shall file of record with the Bucks County Recorder of Deeds a unilateral declaration with respect to the property and the easement concerning the conditions of driveway maintenance that is agreeable to the Township and neighbors and the form of that unilateral declaration shall be subject to the approval of the Township Solicitor;
• American Tower shall provide contact information (telephone, mail and e-mail address) to the Township and neighboring owners and then e-mail or written notice given in accordance with that contact information, whether responded to or not, shall constitute notice to American Tower and its tenants at the site for all purposes;
• Any change made at the site which requires  testing be done to measure radioelectric magnetic energy radiating from the site or any such testing done for any other reason shall be shared with the Township in writing within thirty (30) days of the testing being undertaken;
• The applicant will meet all applicable conditions in article 35 of the Buckingham Township Zoning Ordinance;
• The applicant shall meet the “General Conditions” and the  “Specific Conditions” set forth in subsections 405 H11 E and F 35 of the Buckingham Township Zoning Ordinance;
• The applicant shall demonstrate prior to obtaining a building permit and prior to installation of the proposed wireless facilities that the facilities as installed shall meet all requirements of the zoning ordinance, the Township Subdivision and Land Development Ordinance (SALDO) and other Township ordinances;
• That the Applicant and/or American Tower Corporation post with the Township security satisfactory to the Township in double the amount that the Township Engineer finds is required to perform the following maintenance:

                     i.          That the exposed structural steel be cleaned of all surface rust, be primed and painted.

                     ii.         That the exposed rebar in the concrete platforms be sandblasted or prepared in another manner satisfactory to the Township Engineer so as to be free of all rust  and covered over by a cementious or epoxy product.

                     iii.        The spalling at the perimeter of the concrete platforms and the remainder of the      decks shall be patched.

These items are to be completed to the satisfaction of the Township Engineer within three (3) months of the date hereof.

• The Applicant shall arrange for a qualified consultant (a licensed professional structural engineer) to conduct inspections of the tower's structural integrity and safety on at least a five year schedule, unless there is cause to conduct an inspection more frequently. A report of the inspection results shall be prepared by the consultant, and a copy shall be sent to the township within 10 business days. In the event of any major modification of the existing tower, which includes changes to tower dimensions, increase in number or types of antennas or other devices or structural modifications, the tower owner(s) shall immediately perform a new structural inspection. The Township has the right to enter onto the property and conduct inspections during the construction phase and at all times thereafter.” In the event that any recommendations are made in that report with respect to remedial actions concerning the tower, such remedial actions shall be completed within six months, or sooner if required for safety;
• The applicant shall comply with maintenance checklist (exhibit A26) and provide copies of checklists to township within 10 business days.

The applicant agreed to the conditions. 

Mr. Forest commented that the site was already in the overlay district, there were already many carriers on the tower and that he felt good cell phone coverage was a public safety issue. 

The motion carried with Mr. Forest and Mrs. Rash voting aye and Mr. Rowan voting nay.

2.  Consideration of approving Preliminary Plan of Major Subdivision (plan dated 4/21/10) of the “Fergusson / Pine Crest Farm Subdivision”, Township File SA 2010-03, submitted by VanCleef Engineering on behalf of Jeremy and Holly Fergusson, T.P. 6-23-47, Burnt House Hill Road / Church Road, 22.55 acres, 4 lots, in the R-1 Zoning District, with a 90-day review period expiration date of August 3, 2010.

AND 

Consideration of approving the Wastewater Planning Exemption/Exception Request submitted for the “Fergusson / Pine Crest Farm Subdivision”.

Representing the applicant was Mr. John VanLuvanee, Attorney and Mr. McNaney, Project Engineer.

Mr. VanLuvanee provided a summary of the intent of the subdivision noting that they had discussed a simplified procedure because of the proposed donation of a conservation easement and minimal development.  He reported that the Planning Commission, Ms. Bush and Ms. Manicone had done a site walk and that the Planning Commission ( PC) recommended approval with some tweaks to the driveways and that recommendation of approval of the waiver requests was subject to compliance with the June 9, 2010 Landscape Review Consultants review letter.  Ms. Cozza noted that the revised waiver request letter was received earlier in the day. 

Mr. VanLuvanee summarized the following issues that had been discussed with the PC:

• Driveways would not cut through the conservation easement but instead hug the tree lines on Lots 1 and 2;
• Building envelopes were to be deed restricted to keep them back on the lot and preserve the view and there shall be no building outside the building envelope;
• An easement would get stormwater from Pelham Place to the basin on Lot 4; 
• Rear of lots would be buffered at time of building permit so each builder or lot owner would be responsible to install the buffer;
• Conservation easements shall protect existing stands of trees and a substantial part of the property; trees that can be removed will be identified (only the stand of trees on Lot 2 could be removed because they are in the building envelope);
• There will be no further subdivision;
• Stormwater management individual plans will need to be developed at final design time subject to providing test results and infiltration results to show that management was feasible.  Mr. Gray expressed support for the concept.

Driveways

Consensus was to reduce the driveway to as small as allowable because of the proximity to wetlands on Lot 1.  Mr. Gray noted that PennDOT had some concerns about site distance with the driveway entrance.  Discussion followed about the wetlands and their classification as an intermediate value wetland requiring a 100’ buffer and the proposal to use a 50’ buffer to preserve the viewshed.  Discussion followed about doing a shared driveway entrance with the Fergussons but Mr. VanLuvanee explained that the site distance was very bad at their driveway and the Fergussons indicated they did not want to share a driveway.   

Mr. Rowan asked how runoff from the driveway was being handled on Lot 1 because of its proximity to wetlands.  Mr. McNaney explained that the driveway for Lot 1 would have a cross slope and run away from the wetlands and there would likely be some stormwater management at the bottom of Lot 2.  Mr. Rowan asked if it would work and if there were easements to allow for it.  Mr. McNaney felt he could provide a facility that would work there and Mr. VanLuvanee added that he could put the easement into the plan to allow for stormwater management on Lot 2 for Lot 1.  Mr. VanLuvanee explained that they were not asking for a waiver of stormwater requirements; they were asking for it to be addressed at building permit time.  Mr. VanLuvanee suggested designing the stormwater facility for two driveways and the first one in builds it.  Mr. Gray noted that the thought was to find these kinds of problems and come up with a plan at final plan time.  Mr. VanLuvanee noted that testing was already done for septic systems and infiltration was good enough to allow for two in ground systems.  The others required sand mounds.

Mr. Gray asked for the wetlands study to be updated to include the wetlands classification.  Discussion followed about the sources used to make the classification determination. 

Mr. Joel Nace asked the location of the creek on the property.  Mr. VanLuvanee explained it was not on the property but was on the adjacent property next to the wetlands.  Mr. Nace noted that Watson’s Creek was a tributary to a known trout stream.  Mr. McNaney noted that the only difference (based on the classification of the wetlands) was the size of the buffer required and the PC suggested a waiver to allow the driveway to hug the wetland and preserve the meadow. 

Mr. Rowan asked the distance between the edge of the building envelope on Lot 1 and the creek and asked if there was a potential flooding source.  Mr. VanLuvanee explained there was a 40’ elevation difference.  Mr. Rowan asked how much water could be kept out of Watson’s Creek.  Mr. McNaney explained that they had not yet done the stormwater analysis, but they should be able to capture all impervious based on the elevation, location of septic, etc. 

Mr. Gray explained that volume would be addressed upland and that he felt it was more important to clean the water before dumping it into wetlands. 

Ms. Tihansky noted that with only three properties there was the opportunity for the natural land to absorb water. 

Mr. Gray commented (item 1.2 in his review letter) that he wanted to see the building envelopes restricted.  Mr. VanLuvanee agreed to draft what the Fergussons wanted to see and then give it to the Township.

Ms. Manicone commented that they were close to working out landscaping and responsibilities and that notes would be required on the plan so that obligations were known.  Ms. Manicone suggested additional wording for protection of the meadow because it was also part of stormwater management.

Mr. Ed Deschamps asked for the definition of a meadow.  Mr. Gray explained that it was mowed once to twice a year. 

Mr. Gray asked whether the Township wanted to request that PennDOT consider stop sign on Burnt House Hill Road at the intersection of Church Road. 

Waiver of Tree Inventory

Board consensus was that they needed to know what was there so that the easement could be enforced.  After discussion it was decided that they would do a baseline documentation as was regularly done for the County for conservation easements.  Ms. Bush agreed to provide some examples. 

Mr. Rowan asked if this plan could be considered as preliminary/final.  Solicitor Smith advised that the Board could do what they wanted.  Mr. VanLuvanee was satisfied to go for preliminary/final at a later date as long as he knew the Board was satisfied with the general layout and concept.  He asked if the Board would support them making an application to PennDOT.  The Board was satisfied with the general layout and would support an application to PennDOT. 

Consensus was to work on outstanding items and return for preliminary/final. 

Ms. Cozza noted that the plan expired on August 3, 2010.  Mr. VanLuvanee offered to provide an extension request and in the mean time offered a verbal extension for a minimum of 90 days.    Mr. Gray noted that they needed PennDOT permits before the Board would give final approval. 

Mr. Kelso reported that under the current well ordinance, he considered this subdivision as three lots and therefore the individual wells will be addressed at building permit time.  Mr. Kelso reported that the applicant had met all Township wastewater requirements and the Board could authorize an exemption request to DEP under Act 537.

Solicitor Smith noted that the applicant had requested a waiver to Section 9.26 of SALDO which requires a water resources impact study for any subdivision containing four or more units.  Mr. Kelso reiterated that he considered it three lots under the well ordinance.     

Mr. Forest made a motion, seconded by Mrs. Rash to approve the Wastewater Planning Exemption/Exception Request to DEP under Act 537 submitted for the “Fergusson / Pine Crest Farm Subdivision”. The motion carried unanimously.

Board consensus was to authorize Ms. Cozza to move forward on the request to PennDOT for additional stop signs at Church and Burnt House Hill Roads. 

Ms. Bush and Solicitor Smith offered to provide sample baseline standards reports to Mr. VanLuvanee and he will work with Ms. Manicone. 

3.  Consideration of accepting the Request for Extension to the allowable review time under the provisions of the PA Municipalities Planning Code to August 10, 2011, submitted by Frank Ramsden for the “Ramsden Subdivision.”

Mr. Forest made a motion, seconded by Mrs. Rash to accept the Request for Extension to the allowable review time under the provisions of the PA Municipalities Planning Code to August 10, 2011, submitted by Frank Ramsden for the “Ramsden Subdivision.”  The motion carried unanimously.  Solicitor Smith communicated to Mr. Ramsden that the Board had a practice of not granting more than three extensions.

RELEASE OF FUNDS

 1.  ESCROW RELEASE: