Pocopson Township Planning Commission Meeting

7:30 p.m., Wednesday, May 21, 2008

 

Call to Order:  The regular meeting of the Planning Commission was called to order at 7:30 p.m., at the Pocopson Township Building.

 

Members Present:  Summers, Chair; Rafferty, Johnson, McNemar, Costello, R. Miller

 

Members Absent: Breiseth.

 

Announcements: McNemar provided a Board of Supervisors update as follows: (a) Board enacted Ordinance No. 2008-1 providing for wastewater treatment facility. Two public meetings were held with the Riverside residents regarding the sewage facility at Riverside. As a result of a re-evaluation of the operating and capital cost projections for the sewage facility, the monthly user fee will be reduced; (b) as a component of the MS-4 permit requirement and in conjunction with Township stormwater ordinances, a meeting will be organized this summer with HOA’s to discuss stormwater maintenance responsibilities; and (c) steps have been taken with the County Health Department to enforce the provision of the Township Ordinance requiring pumping of residential systems. Hauler pumping information is part of a County database that can be made be available to the Township.

 

McNemar also reported that the Board is seeking to adopt a resolution to support Pennsylvania’s clean energy initiatives by participation in the 20% by 2010 campaign. She noted that on a personal level, Supervisors have signed up for the PA Clean Community program by registering for the PECO wind program.  Unfortunately, that program is now closed and not available to the Township because PECO cannot sell the wind power fast enough. Rafferty asked if participation means an increase in energy expenses?  McNemar noted that there is an increase because clean energy programs are facing the same financial and availability hurdles recycling programs faced twenty (20) years ago. The cost is approximately an additional $130.00 per year. 

 

Finally, McNemar noted that the Board is also seeking to adopt a resolution supporting enactment of a mandatory recycling ordinance. The proposed ordinance will specify that every hauler who wants to pick up trash in the Township will have to offer recycling pick up for every resident, institutional, and commercial establishment.  

 

Bell Subdivision: Bob Flinchbaugh, P.E., Regester Associates, Inc., Steve Bell and Nick Bell were present to review John Fenn’s report dated April 10, 2008 on the Bell Final Minor Subdivision Plan. Flinchbaugh reported that they are updating the Plan in accordance with that report letter. They intend to meet with Fenn to review the comments and compliance request. Flinchbaugh asked the PC to discuss comment #2 of the Fenn review letter that addresses Section 250-20.C(3) – minimum lot width.

 

Flinchbaugh’s interpretation of the Plan identifies the house facing Lenape Road and includes a north to south orientation which provides an excess of the 200' width requirement. As such, the comment could be deemed not applicable. In the ensuing discussion, Commission members acknowledged that given the position of the dwelling and the existing hedgerows that protect the other dwelling the 200' requirement is may not be applicable. The PC is not unsympathetic to the request of the Applicant and acknowledges the site walk in March clarified the best position of the dwelling. The PC recognized that there is only a 12' difference between the required width and the proposed width – however, the Township Ordinance is specific regarding the 200' requirement. For this reason, the Applicant will need to make application to the Zoning Hearing Board (ZHB) for a variance. The Applicant asked the PC for a favorable recommendation to the ZHB given that it is not his intention to subdivide to sell but to provide a dwelling for family members to live. Doing so joins the family together in close physical proximity. The PC appreciated the Applicant confirming his intention to build for a family member and not to subdivide to sell.  The PC is willing to provide a favorable recommendation but proof of the hardship must be made by the Applicant at the time of the hearing.

 

Johnson asked if the number of waivers listed in the Fenn review indicates building will not start any time soon. The Applicant confirmed that construction is dependant upon a number of factors including Plan revisions and the sale of a house.

 

McNemar raised discussion regarding waiver of Section 190-40 – requiring concrete monuments to be placed at all perimeter corners. She noted that the Ordinance requires permanent concrete monuments set on all corners and angle points of the boundaries. Flinchbaugh noted that it is standard surveying practice that iron pins be used to delineate the boundaries. He also commented that all tract boundary pins were found with one exception. While the PC does not object to the use of iron pins at ground level the Ordinance has not been revised and the concrete monuments must be installed.

 

Finally, Flinchbaugh requested a sixty (60) day review extension.

Motion:  Rafferty moved that the Planning Commission grant the Bell Subdivision Plan a sixty (60) day extension to July 21, 2008; seconded by Johnson, Motion carried.

 

Ordinances Update:

(a) Waste Management and Recycling Draft 1 – McNemar reported that what sparked this Ordinance is that waste management and recycling is mandated by the state when a municipality reaches a population of 5000. Pocopson is projected to reach that number by the next census in 2010. In addition, adopting the Ordinance provides opportunity for the Township to receive grant money and funding under Act 101, The Waste Management and Recycling Act. A key component of the Ordinance is participation by every resident, commercial, and institutional establishment in the Township. Participation means curb-side pick-up or drop-off at a center with proof of drop-off in the form of a waste list noting the kinds of waste disposed. The PC agreed that in their review process they must consider not only the provisions of the Ordinance but the enforcement aspect as well. Summers asked the members to read the Ordinance and bring it to the June 18th meeting with their comments and questions. McNemar read the proposed Resolution No. 2008-6 Mandatory Recycling and Waste Management to be presented at the Board meeting on May 27, 2008.

 

Overall, the PC is in support of enactment of the Ordinance by the Board and they are onboard in doing their part regarding its implementation.

Motion: Summers moved that the Planning Commission recommend to the Pocopson Township Board of Supervisors to support waste management and recycling in Pocopson Township as provided for in Draft 1 Pocopson Township Resolution 2008-6; seconded by Rafferty, Motion carried.  

 

(b) Burning Ordinance – McNemar reported that the revisions are intended to completely modify the existing Burning, Open Ordinance. The revision is necessary in order to meet the requirements of Act 101. The state has an absolute ban on leaf burning and requires disposal by shredding or pick up. The Township currently oversees a leaf pick-up program. PC members are asked to review the revisions and be prepared to comment during the meeting on June 18.

 

(c) Sign Ordinance – Breiseth and Brutscher spent a significant amount of time revising Article VIII, Signs, of the Township Zoning Ordinance.  PC members should review the proposed revisions and be prepared to discuss during the meeting on June 18.

 

Other business: PC members agreed to follow-up on topics as indicated below:

(a) Comprehensive Plan – Summers noted the importance of the role of the Planning Commission to stay in sync with the County Plan which is coming up a 10-year review. The Vision Partners Program is a good resource to coordinate Township’s efforts with the County. Rob Miller will look into the Comprehensive Plan.

 

(b) BOCA and Township Ordinances – the PC discussed a workshop session with Keystone Municipal Services regarding current building code requirements as part of the Ordinance review and revision process. Rob Costello will contact Fran McCardle, Building Inspector.


(c) Home Occupation Permit – Summers reported on recent confusion regarding the application/permit process for home-based occupations. He noted that the current Ordinance 250.89 requires submission of an application for a home occupation permit to be made to the Township Zoning Officer. Summers noted the ambiguity of the language of minor and major home occupations in the definitions section. Given the potential for telecommuting and other ancillary home-based businesses, the Ordinance may need to be revised. Sean Rafferty will review the sections on home office occupations.

 

Minutes of April 16, 2008: 

Motion: Summers moved to approve the Minutes of April 16, 2008 as submitted; Rafferty seconded. Motion carried.

 

Adjournment:  Summers moved to adjourn at 9:30 p.m.; McNemar seconded.  The next regularly scheduled Planning Commission Meeting is Wednesday, June 18, 2008.

 

 

_________________________                                                                                                                                                                                                                                                                                  __________________________
Susan Simone, PC Secretary                                                                                                                                                                                                                                                                                                                                                                         Gary Summers, Chair