Pocopson Township Planning Commission Meeting Minutes

7:30 p.m., Wednesday, July 15, 2009

Members Present: Summers, Breiseth, Johnson, Miller, Rafferty

Members Absent: McNemar, Costello

1. Call to Order: Summers called the meeting to order at 7:30 p.m.

2. Potential Ordinance Changes/Process cCarification Concerns

a) 250-94/rear line setback for sheds – Section A includes privacy fences and accessory buildings and structures in residential districts that do not exceed 300 square feet. The 10-foot setback is inadequate based on discussions with residents. Planning Commission (PC) believes 10-foot setback for small lots of ½ acre or less as it is important to accommodate landowners with small size lots. Shed or accessory building location often depends on what is being stored or how the building is intended to be used, particularly if it is a structure to be used for entertainment – in which case 20 feet may not be adequate. If applicant proves hardship the setback should be adjusted in the form of a variance to accommodate the request. Extended discussion ensued regarding the height of the accessory building as that is not clearly identified in the Code. Height particulars should be relative to the size of the lot. PC agreed that privacy fences should be removed from the Section and that a new Section regarding fences be written (see item #j below). Recommend removal of Section C regarding accessory buildings and structures for animals as such concerns are more fully identified in the Section for “Keeping of Animals.” Draft rewording of the Section is fully outlined in a report to the Board of Supervisors presented July 27, 2009.

b) 190-36B.7/location of septic system – PC recommends amending Section to match County Health Department as County cannot enforce Township Ordinance that cites 20 feet. Recommended revision: “In no instance shall a septic tank, tile field or other effluent-disseminating system be located less than 125 feet uphill from a drilled well . . . 10 feet from any dwelling and 10 feet from a property line.”

c) 190-23/existing resources site analysis plan – the Section is seemingly relevant or worthwhile only when you have a sizeable development. PC recommends no change to the Section as applicants can seek relief during review via submission of waiver request.

d) 190-30/alleys, driveways, private streets construction standards for shared driveways – Breiseth will research amending this Section based in part on Pennsylvania Department of Transportation standards. PC agrees that Private Streets Section C(1) through (5) maintained by the Township should adhere to standards based on approved usage. If not maintained by the Township should adhere to standards based on usage. If not maintained by the Township the alternate standards should apply.

e) Energy saver utilities mandated in new construction building code, regulation of wind turbines, wood burning whole-house type heating and hot water systems – the Secretary is directed to send sample wind and solar ordinances to Bill Haaf for review and comment for the next PC meeting.

f) Fees-in-lieu of for recreation and trails – discussion ensued regarding fair administration of fees-in-lieu of and the disparity between assessing a fee for a minor subdivision as opposed to a major subdivision. PC was not able to reconcile the logic of the current formula for fee-in-lieu of. Recommendation is to change Section A. General(1) Conventional development to read “conventional development of 5 units or more” and remove reference to “lots averaging less than three acres.”

g) Multiple storage units or self-storage facilities – PC reviewed provisions of § 250-42 (Article VII Limited Industrial District). A recommendation is made to add under subsection B item “(11) Multiple Storage Units.” Concerns regarding storage in C-1 Neighborhood Commercial District can be addressed as conditional use under 250-28.B. However, requirements for types of outdoor storage generally should be addressed with consideration to incorporating under a property maintenance and nuisance ordinance. Secretary directed to research definitions for multiple storage units for the next meeting.

h) Property maintenance and nuisance ordinances – Breiseth to research wording for the next meeting.

i) Article II - § 190-5 and 190-6 and Article IV, 190-12 – PC recommends adding a definition of abutter as noted below and insert a section between A – D of 190-12 as noted below:

ABUTTER – any property owner whose property is located in Pennsylvania and adjoins or is directly across the street or stream from the land under consideration by the Planning Commission or the Board of Supervisors. For the purposes of receiving testimony only, and not for purposes of notification, the term “abutter” shall include any person who is able to demonstrate that his land will be directly affected by the proposal under consideration.

The Applicant must notify all abutters of record that the application will be considered by the Planning Commission at a public meeting to be held within sixty (60) days after the date of filing of the application. The Applicant must provide proof of abutters’ notification to the Planning Commission with the preliminary plans application to the Township. Abutters shall receive notification a minimum of one week prior to the initial Planning Commission meeting on the subdivision application. (NOTE: intent is Applicant pays for cost of notification to abutters.)

j) Fences and walls – Breiseth distributed research document for consideration in a draft ordinance for fences and walls. To be discussed at next regular meeting.

3. Other Business/Announcements – PC reviewed one inquiry to date for the vacancy on the Planning Commission. Summers directed members to review the official review draft for the Chester County Update to Landscapes. Comments will be accepted by the County until September.

4. Approval of Meeting Minutes June 17, 2009: Breiseth moved to approve the Minutes of June 17, 2009 as corrected; Johnson seconded; motion unanimously approved.

5. Adjournment: Summers moved to adjourn at 9:45 p.m.; Rafferty seconded; motion unanimously approved. The next regularly scheduled Planning Commission Meeting is September 16, 2009. The Planning Commission will not meet for special session for draft ordinance review on July 29, 2009. The Planning Commission will not meet during the month of August.

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Susan Simone, Secretary Gary Summers, Planning Commission, Chair