Minutes of January 4, 2010 Re-Organizational Meeting
Meeting was called to Order by Chairman at 7:00 P.M. at the Milford Township Municipal Building and opened with Pledge of Allegiance to the U.S. Flag.
Supervisors Present: Robert B. Mansfield, Chairman; Charles Strunk, Vice-Chairman; Timothy Damiani, Supervisor.
Attendance: Peter Andersen, Andersen Engineering, Twp. Engineer; Janya Awckland, Secretary-Treasurer; Terry Clemons, Clemons Richter Walsh & Reiss, Township Solicitor ; Jeffrey A. Vey, Township Manager; David Winkler, Public Works Director.
Audience: 10
Timothy Damiani took the Oath of Office for Township Supervisors and was sworn in for his second six year term as Supervisor.
Chairman appointed Jeffrey A. Vey, Chairman Pro Temp.
Jeffrey A. Vey called for nominations for Chairman
Timothy Damiani made a motion to appoint Robert B. Mansfield, Chairman. Motion was seconded by Charles Strunk and approved. Robert B. Mansfield, aye; Timothy Damiani, aye; Charles Strunk, aye.
Chairman Pro Temp Vey turned the meeting over to Chairman Robert B. Mansfield.
Timothy Damiani made a motion to appoint Charles Strunk, Vice Chairman. Motion was seconded by Robert B. Mansfield. Motion passed. Robert B. Mansfield, aye; Timothy Damiani, aye; Charles Strunk, aye.
Appointments: Robert B. Mansfield made a motion to appoint the following:
Secretary-Treasurer Patricia Roeder
Assistant-Secretary-Treasurer Janya Awckland
Township Solicitor Clemons Richter Walsh & Reiss
Planning Commission Solicitor Clemons Richter Walsh & Reiss
Township Engineer Andersen Engineering Assoc.
Designation of Official Depository First Savings of Perkasie,
PLGIT, QNB, TD Bank &
Univest
Milford Twp Planning Commission Five yr term Susan Edwards
Milford Trumbauersville Area Sewer Authority
-Five Year Term-Joint Appointment William Heffentrager
Milford Twp Zoning Hearing Board 3 yr term Virginia McGrath
1st Alternate-3 yr term Gregory Hobson
Delegate to QAPC- one year term Carson Schneck
Alternate Robert B. Mansfield
Milford Twp Water Authority Five year term Joseph Smalley
Chairman of Vacancy Board One year term Stephen Shelly
Fire Prevention Official James Young
Milford Township CPA Auditors Styer Associates
EIT Auditor Styer Associates
Motion was seconded by Timothy Damiani and approved. Robert B. Mansfield, aye; Timothy Damiani, aye; Charles Strunk, aye.
Robert B. Mansfield: ÒJanya has served the Township for over twenty years and will be retiring a little later this year. Pat, we are glad to have you here.Ó
Setting of Bond Limits Robert B. Mansfield made a motion to set the following bond amounts:
The Secretary-Treasurer be bonded for $2,000,000,
The Assistant Secretary-Treasurer be bonded for $2,000,000.
The Township Manger be bonded for $2,000,000
The Earned Income Tax Collector be bonded for $1,000,000.
Motion was seconded by Charles Strunk and approved. Robert B. Mansfield, aye; Timothy Damiani, aye; Charles Strunk, aye.
Resolution 2010-1 Establishment of Tax Rates for 2010
Robert B. Mansfield made the following motion
a. to set the Earned Income Tax rate at 1.75% Total (1% going to QCSD 0.50% to Twp General Fund and 0.25% to Twp Open Space Acquisition Fund)
b. to set the Real Estate Transfer Tax at 1% (1/2 of 1% going to QCSD).
Motion was seconded by Charles Strunk. Motion passed. Robert B. Mansfield, aye; Timothy Damiani, aye; Charles Strunk, aye.
Robert B. Mansfield made a motion to approve Resolution 2010-02 Levying a two mill Real Estate Tax and setting discount and penalty terms for its collection. ( 0.75 mills for the General Fund and 1.25 mills for Fire Tax) Motion was seconded by Timothy Damiani. Motion passed. Robert B. Mansfield, aye; Timothy Damiani, aye; Charles Strunk, aye. See Addendum # 1.
Robert B. Mansfield made a motion to approve Resolution 2010-03 2010 Street Light Assessments. Motion was seconded by Charles Strunk. Motion passed. Robert B. Mansfield, aye; Timothy Damiani, aye; Charles Strunk, aye. See Addendum # 2
Robert B. Mansfield made a motion to approve Resolution 2010-04 2010 Fee schedule. Motion was seconded by Charles Strunk. Motion passed. Robert B. Mansfield, aye; Timothy Damiani, aye; Charles Strunk, aye. See Addendum # 3
Robert B. Mansfield made a motion to approve Resolution 2010-05 to dispose of 2002 Twp Records. Motion was seconded by Charles Strunk. Motion passed. Robert B. Mansfield, aye; Timothy Damiani, aye; Charles Strunk, aye. See Addendum # 4
Robert B. Mansfield made a motion to approve Resolution 2010-06 to dispose of 2002 EIT Records. Motion was seconded by Timothy Damiani. Motion passed. Charles Strunk, aye; Robert B. Mansfield, aye; Timothy Damiani, aye. See Addendum # 5
Certification of Delegates to the 2010 PSATS Convention April 18-21, 2010 in Hershey PA and selection of the voting delegate.
Timothy Damiani made a motion to appoint Robert B. Mansfield voting delegate to the PSATS Convention. Motion was seconded by Charles Strunk and approved. Robert B. Mansfield, aye; Timothy Damiani, aye; Charles Strunk, aye. No one anticipates attending.
Annual Bucks County Assn. of Township Officials Convention Date has not yet been published.
Public Comments: No one responded.
Chairman adjourned the Re organizational meeting at 7:08 p.m.
Minutes of January 4, 2010 Regular Meeting
Meeting was called to Order by Chairman at 7:08 P.M immediately after the Re Organizational Meeting.
Supervisors Present: Robert B. Mansfield, Chairman; Charles Strunk, Vice-Chairman; Timothy Damiani, Supervisor.
Attendance: Peter Andersen, Andersen Engineering, Twp. Engineer; Janya Awckland, Assistant Secretary-Treasurer; Terry Clemons, Clemons Richter Walsh & Reiss, Township Solicitor ; Pat Roeder, Secretary-Treasurer; Jeffrey A. Vey, Township Manager; David Winkler, Public Works Director. Audience: 10
Robert B. Mansfield made a motion to approve the Minutes of the December 15, 2009 Regular Meeting. Motion was seconded by Timothy Damiani and passed. Robert B. Mansfield, aye; Timothy Damiani, aye; Charles Strunk, aye.
Having reviewed the invoices, Charles Strunk made a motion to approve the invoices for payment per two page list dated January 4, 2010. Motion was seconded by Robert B. Mansfield. Motion passed. Robert B. Mansfield, aye; Timothy Damiani, aye; Charles Strunk, aye. See Addendum #1.
Announcements:
(a) Milford Township Village Conditional Use Hearing, Feb. 2, 2010 at 7:00 p.m.
(b) Milford Township Planning Commission Mtg. Wednesday, Jan. 27th 7:30 p.m.
Review of Amendment to the Zoning Ordinance.
© 2010 Meeting Schedule available on the hall table.
Board of Supervisors meetings on the 1st and 3rd Tuesday of the month and Planning Commission meets on the last Wednesday of the month.
(d) Wenhold Zoning Hearing Board Continued to 7 pm. January 12, 2010
(e) Elected Auditors Re Organization Meeting Jan. 5, 2010 at 7 p.m.
Correspondence:
(a) Bucks Co. Airport Authority November Minutes
(b) Andersen Engineering Associates-Hourly Rate Sheets for 2010
Robert B. Mansfield:Ó They have a modest increase in 2010 and no increase in 2011.Ó
Report of Code Enforcement Office
Jeffrey A. Vey: ÒIn December permits were issued for two residential additions, four renovations, two commercial demolitions, two demolitions, one miscellaneous and five use and occupancies.Ó See addendum # 2.
Report Public Works Department
David Winkler, Public Works Director: ÒThe Public Works finished picking up leaves through out the township.
We put up snow plow marking stakes and went out with the gradall to clean ditches on the various roads.
The basketball court lights are now finished at Molasses Creek Park.
We also have been repairing the tables at Fernbrook Park Pavilion.
The Public Works Department removed the house at 1800 Upper Ridge Road and the Bilger cabin(which was abandoned) at WonsidlerÕs Grove.Ó
Charles Strunk: ÒDid you get everything at the two locations?Ó
David Winkler: ÒThey are now clean and green.Ó
Report from Milford Township Planning Commission December 16th Meeting.
Jeffrey A. Vey: ÒThey reviewed and approved the Smith/Milford Township two lot subdivision to create open space to add to the park and accepted zoning ordinance amendments to review at the next meeting.
Township ManagerÕs Report-Manager asked Board to have an executive session after the meeting to discuss purchase of land for open space.
Subdivisions and Land Development Plans
a. Genova Preliminary 3 lot Subdivision –tabled-time extension to Feb. 26, 2010
b. Fino Minor Subdivision TMP23-007-052 1315 Old Plains Road Two lots
on lot water and sewer
Representative: Scott Mease, Mease Engineering PC
Scott Mease went over the subdivision.
Board has received an estimate from the Township Engineer for road improvements: curbs, sidewalks, road widening.
Robert B. Mansfield: ÒThe Township is planning to widen a portion of Old Plains Road that passes this subdivision. Can we do the widening in the standard right of way or do we also need a construction easement?Ó
David Winkler: ÒFor the widening we have to do, we can operate in the standard right of way.Ó
Scott Mease: ÒMy clients feel three feet of road widening makes sense.Ó
Robert B. Mansfield: ÒPete AndersenÕs number for road widening on the two lots is $9,000 or $30,000 for curbs, sidewalks, and road widening which is unreasonable for a two lot subdivision.Ó
Consensus of the Board that curbs and sidewalks could be waived in this location.
Resolution 2010-06 Fino Minor Subdivision TMP23-007-052 1315 Old Plains Road
Robert B. Mansfield made a motion to APPROVE, subject to the conditions set forth herein, Final Plans of a Subdivision for certain premises located on 1315 Old Plains Road, identified as Tax Map Parcel No. 23-7-52 (the ÒPropertyÓ). The subdivision applicants, legal owners and developers of the Property are David R. and Jennifer L. Fino (the ÒOwners/DevelopersÓ). The Final Plans of the Subdivision of the Property were prepared by Mease Engineering, P.C. consist of four (4) sheets, dated August 7, 2009 (the ÒPlansÓ). The Plans propose two (2) new building lots. The Plans were approved subject to the following conditions which were accepted by you at tonightÕs Board of Supervisors meeting:
1. Prior to the recording of the Record Plans, Owners/Developers will address all outstanding engineer comments contained in the review of Andersen Engineering Associates, Inc. dated August 17, 2009 and all subsequent review letters, to the satisfaction of the Township Engineer.
2. Prior to the recording of the Record Plans, in compliance with the requirements of Section 701.d.6(b) of the Milford Subdivision and Land Development Ordinance, Developer shall provide the Township with the Bucks County Department of Health letter certifying that each of the proposed lots has soils and site conditions which are generally suitable for on-lot sewage disposal systems pursuant to 25 PA Code Section 71.55. In addition, Developer shall provide the Bucks County Department of Health letter stating that the Department of Health has reviewed the planning modules for this subdivision and approved the same.
3. The Board of Supervisors approved a waiver from the following provisions of the Milford Township Subdivision and Land Development Ordinance (ÒSALDOÓ):
a. Sections 505, 516 and 519, requiring road widening, curbs and sidewalks except as to those improvements shown on the Plans;
b. Section 511 to not require Bucks County Conservation District approval until building permit applications;
c. Section 701e, to allow the Arial Photo to fulfill the requirements of Existing Resources and Site Analysis Map; and
d. Section 701e2, to allow the aerial photograph to show additional features within 400 feet of the site.
4. Prior to the Recording of the Record Plans, Owners/Developers shall execute a Deed of Dedication, in a form prepared by the Township Solicitor, dedicating to Milford Township the area along Old Plains Road frontage of the Property within the ultimate right-of-way. At the time of the recording of the Record Plans, said conveyance shall be made free and clear of all mortgages, liens or other encumbrances such that title is marketable and insurable by a reputable title insurance company at ordinary rates. Additionally, at the time the Deed is recorded, Owners/Developers shall provide satisfactory evidence that the said property continues to be free and clear of mortgages, liens and encumbrances. The Deed shall be recorded prior to or simultaneously with the recording of the Record Plans.
5. Prior to the recording of the record Plans, the Owners/Developers shall execute a Declaration of Covenants, Conditions, Easements and Restrictions, in a form prepared by the Township Solicitor and delineated in a manner deemed acceptable by the Township Engineer, providing for such terms and conditions as are deemed appropriate by the Board of Supervisors including but not limited to the following:
a. requiring protective fencing of the approved sewage absorption areas during any construction on each lot of this subdivision to prevent disturbance of the approved areas; such disturbance will render the site testing invalid; prohibiting the disturbance of the alternate sewage disposal areas; prohibiting construction of permanent or temporary improvements on the approved and alternate sewage areas and prohibiting the establishment of plant material within the approved and alternate sewage areas other than shallow rooted plant matter; and granting Alternate Sewage Disposal Area Easements to Milford Township to access and inspect the alternate sewage disposal areas.
b. prohibiting the lots shown on the Plans from further subdivision; and
c. granting a Conservation Easement to Milford Township over designated areas on lot 1 and 2 delineated in a manner deemed acceptable by the Township Engineer for the benefit of the Township which shall have such terms and conditions as are deemed appropriate by the Board of Supervisors.
The Declaration shall contain such other terms and provisions as are deemed necessary by the Board of Supervisors to give effect to the Declaration including provisions to permit the Township, the right to enter onto the Property to inspect the property and to fulfill the ownerÕs obligations if the same are not met by the owner and that the Township shall have a municipal lien on the Property in the event costs are incurred by the Township for the enforcement of Declaration provisions and/or the performance of the obligations as provided in the Declaration of the owner of the Property and the same remains unpaid after notice to the owner to pay same. The Declaration shall be recorded simultaneously with the recording of the Record Plan.
6. Prior to the recording of the Record Plans and in lieu of performing full frontage improvements along the Old Plains Road frontage of the Property, Owners/Developers shall pay to Milford Township, the sum of nine thousand ($9,000.00) dollars which sum shall be deposited into the TownshipÕs Highway Capital Improvement Fund and will be used for capital improvements on roads in the Township.
7. In lieu of providing recreational improvements, Owners/Developers shall contribute to the Township the sum of one thousand, five hundred ($1,500.00) dollars per new lot, which shall be contributed before the issuance of the building permit. The total amount of the contribution shall be three thousand ($3,000.00) dollars.
8. In lieu of performing a Transportation Impact Study, the Owners/Developers shall contribute to the Township the sum of one thousand eight hundred and fifty ($1,850.00) dollars per new lot, which shall be contributed before the issuance of the building permit. The total amount of the contribution shall be three thousand seven hundred ($3,700.00) dollars.
9. Prior to the recording of the Record Plans, Owners/Developers will provide the Township with the following:
a. satisfactory evidence that the Department of Environmental Protection has approved the sewage facilities planning modules for the Property; and
b. satisfactory evidence that SALDO required concrete monuments were installed and all required clearing of the right-of-way was completed.
10. Prior to the issuance of a building permit for any new construction proposed on lots 1 and 2 the Owners/Developers of the respective lot will provide the Township with satisfactory evidence from the Bucks County Conservation District (the ÒBCCDÓ) approving the Plans for all areas within its jurisdiction, including without limitation the proposed temporary erosion and sedimentation control measures to be used during construction;
11. All utilities extended to the lots in this subdivision whether within a public right-of-way or across the property shall be extended underground.
12. Prior to the recording of the Record Plans, Owner/Developer will pay all costs incurred by the Township in the review of this application including engineering, legal and administrative costs.
13. At the time record Plans are submitted, Owner/Developer will and nine(9) paper copies of the Record Plans, all fully executed by the appropriate entities in BLACK INK. The OwnerÕs Block and Notary Acknowledgement shall show the correct owner(s) of record and that the Notary Public signs and seals (both stamp and embossed) on all mylars and paper copies of the Plans. All signature blocks shall appear in the same location on each page requiring signature. In addition, Owner/Developer will provide the information contained on the Plans in digital format.
The Township Engineer shall review the complete set of Plans and stamp them as construction sets, certifying that they have met the conditions for approval.
Failure to appeal the conditions imposed by the Board of Supervisors within thirty (30) days of the date of this letter shall constitute acceptance of the conditions. Non-acceptance and/or non-compliance with the conditions recited above voids the Plan approval and the waivers granted by the Board of Supervisors and the Plan is denied due to the deficiencies noted in the Township EngineerÕs review of August 17, 2009.
Motion was seconded by Timothy Damiani. Motion passed. Robert B. Mansfield, aye; Timothy Damiani, aye; Charles Strunk, aye.
Resolution 2010-07 Fino Planning Module
Robert B. Mansfield made a motion to approve Resolution 2010-07 Fino Planning Module for two lot subdivision on Old Plains Road-each lot has two sites approved by Bucks County Department of Health for locating a septic system, Bucks County Dept. of Health has certified that there are no marginal soils present, and the area in the Milford Township Act. 537 Plan is designed for on lot sewage. Motion was seconded by Charles Strunk. Motion passed. Robert B. Mansfield, aye; Timothy Damiani, aye; Charles Strunk, aye.
Reserve At Milford-Foulkes Mill and Allentown Roads
Representative: Christopher Canavan
Charles Strunk questioned locations of sidewalks and when they would be installed.
Christopher Canavan: ÒWe would do the sidewalks early in the job and if you want to say all sidewalks have to be installed when half the house are built, we would be agreeable.Ó
Question on condition of spring that was used to fill the ice skating pond in Unami Creek Park.
David Winkler: ÒThe spring was eliminated when PennDOT reconstructed the Bridge on Allentown Road and altered the drainage.Ó
Resolution 2010-08 Reserve at Milford-WB Homes Subdivision
Robert B. Mansfield made a motion to APPROVE, subject to the conditions set forth herein, Preliminary Plans of Subdivision for certain premises located at Allentown and Foulkes Roads in the Township, identified as Tax Map Parcel Nos. 23-10-137, 23-10-144 and 23-10-145, consisting of 37.92 acres (ÒPropertyÓ) and known as the Reserve at Milford Subdivision. Centennial Acquisitions, L.P. is the legal owner of Tax Map Parcel Nos. 23-10-137 and 23-10-145. Leonard L. and Jean Nace are the legal owners of Tax Map Parcel No. 23-10-144. DJC Development Company and W.B. Homes, Inc. are the equitable owners and developers of the Property (the ÒDeveloperÓ). The Plans of Subdivision for the Property, prepared by Schlosser & Clauss consisting of twenty-nine (29) sheets dated January 30, 2006, and last revised October 15, 2009, propose subdivision of the Property into thirty-three (33) lots, including two (2) open space lots (Lots 32 and 33) with two (2) stormwater detention basins located on Lot 33 (the ÒPlansÓ).
Christopher Canavan, on behalf of the W.B. Homes, Inc., Centennial Acquisitions, LP and DJC Development Company attended tonightÕs January 4, 2010 public meeting and agreed to the following conditions as set forth in this letter.
1. Prior to Final Plan approval, the Plans will be revised:
a. to modify the level spreader associated with the detention basin located on lot 33 to the satisfaction of the Township Engineer;
b. to designate that the monuments delineating the open space are to be concrete monuments;
c. to show a parking area at Allentown and Mill Roads as optional at the discretion of the Township, to supplement the perpendicular parking along Mill Road. The construction cost of the optional parking area will be included in the subdivision improvements construction cost estimate and secured with the subdivision financial security. Prior to construction of the parking area, the Developer shall contact the Township requesting direction regarding the parking area. Should the Township desire the parking area be built, the Developer shall proceed with construction. Should the Township advise the Developer that it no longer desires the parking area be constructed, a release from the subdivision improvements construction cost financial security in the amount equal to an amount of the cost of construction of the parking area as approved by the Township Engineer shall occur and those funds shall be paid to the Township as a fee in lieu of the construction of the parking area ; and
d. to show a macadam trail along Mill Road beginning at Allentown Road and partially extending through open space lot 32 for an approximate length of one hundred and twenty (120Õ) feet.
2. The Board of Supervisors approved a waiver from the following provisions of the Milford Township Subdivision and Land Development Ordinance:
a. Section 505, to not widen Allentown Road and modified widening along the north side of Foulkes Mill Road and head-in parking along Mill Road instead of widening. The Developer is widening approximately 225 feet of Foulkes Mill Road beyond the Property;
b. Section 516, to not install curbs along Allentown Road, Mill Road and along the north side of Foulkes Mill Road; and
c. Section 519, to not install sidewalks along one side of Enclave Drive, to not install sidewalks along Allentown Road and to not install sidewalks along the majority of the tractÕs Mill Road frontage.
3. Prior to the recording of the Record Plans, Centennial Acquisitions, L.P. and Leonard L. and Jean Nace, current legal owners of the parcels of the Property, shall execute Deeds of Conveyance, in a form prepared by the Township Solicitor, conveying their respective parcels to the Developer. At the time of the recording of the Record Plans, said conveyances shall be made free and clear of all liens such that titles are marketable and insurable by a reputable title insurance company at ordinary rates. The Deeds of Conveyance shall be recorded simultaneously with the Plans.
4. Prior to the Recording of the Record Plans, Developer (owner of Property after the conveyance as provided in paragraph 3.) shall execute a Deed of Dedication, in a form prepared by the Township Solicitor, dedicating to Milford Township the area along Allentown Road, Foulkes Mill Road and Mill Road frontage of the Property within the ultimate right-of-way. At the time of the recording of the Record Plans, said conveyance shall be made free and clear of all liens such that title is marketable and insurable by a reputable title insurance company at ordinary rates. Additionally, at the time the Deed is recorded, owner of the consolidated Property shall provide satisfactory evidence that the said property continues to be free and clear of mortgages, liens and encumbrances. The Deed of Dedication shall be recorded at such time as the Township accepts dedication of the public improvements in this subdivision unless the Township, in its sole discretion, elects to record the Deed of Dedication at an earlier time.
5. Prior to the recording of the Record Plans, Developer (owner of Property after the conveyance as provided in paragraph 3.) shall execute a Deed of Dedication, in a form prepared by the Township Solicitor, dedicating to Milford Township subdivision public roadway to be known as Enclave Drive. At the time of the recording of the Record Plans, said conveyance shall be made free and clear of all liens such that title is marketable and insurable by a reputable title insurance company at ordinary rates. Additionally, at the time the Deed is recorded, owner of the consolidated Property shall provide satisfactory evidence that the said property continues to be free and clear of mortgages, liens and encumbrances. The Deed of Dedication shall be recorded at such time as the Township accepts dedication of the public improvements in this subdivision unless the Township, in its sole discretion, elects to record the Deed of Dedication at an earlier time.
6. Prior to the recording of the Record Plans, Developer (owner of Property after the conveyance as provided in paragraph 3.) shall execute a Deed of Dedication in a form approved by the Township Solicitor conveying the open space area, lots 32 and 33, shown on the Plans to Milford Township. At the time of the recording of the Record Plans, said conveyance shall be made free and clear of all mortgages, liens or other encumbrances such that title is marketable and insurable by a reputable title insurance company at ordinary rates. Additionally, at the time the Deed is recorded, owner of the consolidated Property shall provide satisfactory evidence that the said property continues to be free and clear of mortgages, liens and encumbrances. The Deed of Dedication shall be recorded at such time as the Township accepts dedication of the public improvements in this subdivision unless the Township, in its sole discretion, elects to record the Deed of Dedication at an earlier time.
7. Prior to the recording of the Record Plans, Developer (owner of Property after the conveyance as provided in paragraph 3.) shall execute a Declaration of Covenants, Conditions, Easements and Restrictions, in a form prepared by the Township Solicitor and delineated in a manner deemed acceptable by the Township Engineer, providing for such terms and conditions as are deemed appropriate by the Board of Supervisors including but not limited to the following:
a. imposing upon the owners of lots 1, 18 and 31 the obligation to maintain the clear sight triangles on lots 1, 18 and 31 as shown on the Plans, prohibiting any structure, fence, planting or other obstruction being maintained between a horizontal plane 2 feet above road level and a horizontal plane 7 feet above road level so as not to interfere with traffic visibility across the clear sight triangle; and granting an Clear Sight Triangle Easement to the Township to access and restore the clear sight triangle in the event that any lot owner fails to perform the required obligations;
b. granting an access and stormwater drainage easement on lots 4, 5, 6, 7, 22 through 27, and 29 through 31 delineated in a manner deemed acceptable by the Township Engineer for the benefit of the Township to allow for adequate ingress and egress to the stormwater drainage facilities located within said easement, and prohibiting any plantings or construction of structures within the easement area other than as shown on the Plans. The Declaration shall provide that the Township shall maintain, repair and replace, as necessary, the stormwater drainage facilities such that they function according to their design and requiring that the owner(s) of the respective lots shall maintain the lawn area of the easement areas; and
c. provisions that the open space lots 32 and 33 to be dedicated to the Township is for the use and enjoyment of the public and not just the homeowners of the Reserve at Milford.
The Declaration shall contain such other terms and provisions as are deemed necessary by the Board of Supervisors to give effect to the Declaration including provisions that the Township shall have a municipal lien on the Property in the event costs are incurred by the Township for the performance of the obligations as provided in the Declaration of the owner of the lots and the same remains unpaid after notice to the owner to pay same. The Declaration shall be recorded simultaneously with the recording of the Record Plan.
8. Prior to the recording of the Record Plans, Developer shall provide the Township with a legal description for the ultimate right-of-way and temporary construction/grading easement, for the area along Foulkes Mill Road frontage of Tax Map Parcel No. 23-10-138-1; the Township Solicitor will prepare Deed of Dedication and Temporary Construction Easement to be executed Paul and Ann Paulson; and the Township will facilitate the execution of the Deed.
9. Prior to the recording of the Record Plans, Developer will enter into a Land Development and Financial Security Agreement with the Township and deposit adequate financial security in the form of an Irrevocable Letter of Credit approved by the Township Solicitor from a bank or other financial institution for the construction of all those improvements to be located within Milford Township and having a public impact, including storm water drainage improvements, sedimentation and erosion control measures, grading, monuments, roadway improvements and any other improvements required by the subdivision. The Letter of Credit shall include an Evergreen Clause to prevent expiration of the Letter of Credit. The Township shall not release financial security until both the dedicated and non-dedicated improvements are completed.
10. Prior to the recording of the Record Plans, and in lieu of performing full frontage improvements along the Allentown Road from Foulkes Mill Road to the southern boundary of the Property, Developer shall contribute seventy-two thousand, nine hundred thirty-three dollars and eighty-five cents ($72,933.85).
11. Prior to the recording of the Record Plans, Developer will prepare and submit to the Township for review and approval a proposed disclosure statement containing, among other things, a disclosure of the existence of and terms of the Declaration of Covenants, Conditions and Restrictions and notice of all other substantive provisions affecting any of the lots in the subdivision.
12. Prior to the issuance of a building permit for the respective lot and in lieu of performing a Transportation Impact Study, the Developer shall contribute to the Township the sum of one thousand eight hundred and fifty ($1,850.00) dollars per new building lot (30 lots). The total amount of the contribution shall be fifty-seven thousand three hundred and fifty ($55,500.00) dollars.
13.Prior to the issuance of a building for the respective lot and in lieu of providing recreational improvements in the subdivision, Developer shall contribute to the Township the sum of one thousand, five hundred ($1,500.00) dollars per new building lot (30 lots). The total amount of the contribution shall be forty-six thousand, five hundred ($45,000.00) dollars.
14. Prior to the dedication of the improvements of the subdivision, Developer shall contribute the sum of twenty-five thousand ($25,000.00) dollars per basin for a total of fifty thousand ($50,000.00) dollars to the Milford Township Open Space Maintenance Fund as an endowment for the maintenance of the open space including the proposed detention basins, clear sight triangles and drainage facilities on the Property. The funds will be included in the subdivision improvements construction cost estimate and secured with the subdivision financial security as provided in the Land Development and Financial Security Agreement.
15. Prior to the recording of the Record Plans, satisfactory evidence must be provided to the Township that Developer has entered into an agreement with the Milford/Trumbauersville Area Sewer Authority providing for the extension of public sewer to the subdivision and payment of the necessary EDUÕs for extension of public sewer to each of the lots to be serviced by the public sewer.
16. Prior to the recording of the Record Plans, satisfactory evidence must be provided to the Township that Developer has entered into an agreement with the Milford Township Water Authority providing for the extension of water service to the subdivision and payment of the necessary connection fees.
17. Prior to the Recording of the Record Plans, the following must be provided to the Township:
a. satisfactory evidence that the Bucks County Conservation District has approved the sedimentation and erosion control measures for the Property;
b. satisfactory evidence that the Pennsylvania Department of Transportation has issued a Highway Occupancy Permit for the proposed grading and proposed roadway improvements within the right-of-way of Allentown Road; and
c. satisfactory evidence that the Pennsylvania Department of Environmental Protection has issued an NPDES permit for the Property.
18. Prior to Final Plan approval, the Plans will be revised to provide Ò25 MPHÓ speed limit signs and other street signs in accordance with the Township regulations. Financial security shall be posted in an amount sufficient to secure the installation of the aforementioned improvements.
19. A street light assessment district will be established for the subdivision and the Developer shall pay all street light fees until the dedication of the improvements of the subdivision.
20. Prior to the issuance of the seventh (7th) building permit:
a. all internal streets shall be constructed, including the paving of the base course and installation of curbs;
b. all stormwater drainages facilities shall be completed to the extent required by the Township Engineer and adequate to handle the stormwater drainage needs of the subdivision while under construction;
c. all utilities required to be installed in public rights-of-way shall be installed;
d. all frontage improvements along existing streets shall be completed;
e. the parking area located along Mill Road shall be completed; and
f. the macadam trail beginning at the parking area located at Allentown and Mill Roads through open space lot 32 to Tax Map Parcel No. 23-10-138, open space currently owned by the Township, shall be completed.
21. Prior to the issuance of an occupancy permit, the cluster mailbox servicing the lot for which the occupancy permit is applied must be installed. Additionally, all landscape grading and plantings shall be installed and all street trees shall be planted which relate to the lot for which the occupancy permit is requested. Developer shall maintain landscape plantings and street trees until such time as the improvements in the subdivision are accepted for dedication. If, for reasons deemed acceptable by the Code official upon the advice of the Township Engineer, the cluster mailboxes, landscaping and/or street trees cannot be installed due, for example, to weather conditions or, in the case of cluster mailboxes, requirements of the U.S. Postal Service, a temporary occupancy permit may be issued containing a date certain by which any incomplete items must be met. The Developer shall provide the Township with a disclosure statement signed by the person for whom the occupancy permit is sought acknowledging that the lot will be served by a cluster mailbox and that the location and type of landscaping and street trees has been explained to that person and that same will be completed by the date mandated by the Code official in the occupancy permit.
22. Prior to the issuance of an Occupancy Permit for any lot, Developer shall install the sidewalk for that lot in addition to the requirements under paragraph 20 herein. Additionally, prior to the issuance of the sixteenth (16th) Occupancy Permit, all sidewalks shall be constructed.
23. The existing buffer between open space lot 32 and Tax Map Parcel No. 23-10-138-1 is sufficient.
24. All utilities to service this subdivision shall be installed underground. No new utility poles shall be erected to extend utilities to the Property. A note to this effect shall be placed on the Plans prior to Final Plan approval.
25. Prior to the recording of the Record Plans, all monuments shall be shown on the Plans consistent with Township policy, except as specifically provided herein. Monuments shall be installed prior to the recording of the record Plans or adequate financial security shall be posted to assure their installation.
26. Prior to final plan approval, you will address all outstanding engineer comments contained in the review of Andersen Engineering Associates, Inc. dated November 3, 2009 and any subsequent reviews.
27. Prior to the recording of the Record Plans, you will pay all costs incurred by the Township in the review of this application including engineering, legal and administrative costs.
28. At the time record Plans are submitted, Developer will submit one (1) full set of Plans and eight (8) paper copies of the Record Plans, all fully executed by the appropriate entities in BLACK INK. The OwnerÕs Block and Notary Acknowledgement shall show the correct owner(s) of record and that the Notary Public signs and seals (both stamp and embossed) on all copies of the Plans. All signature blocks shall appear in the same location on each page requiring signature. In addition, Developer will provide the information contained on the Plans in digital format. The Township Engineer shall review the complete set of Plans and stamp them as construction sets, certifying that they have met the conditions for approval.
Failure to appeal the conditions imposed by the Board of Supervisors within thirty (30) days of the date of this letter shall constitute acceptance of the conditions. Non-acceptance and/or non-compliance with the conditions elicited above voids the Plan approval and the waivers granted by the Board of Supervisors and the Plan is denied due to the deficiencies noted in the Township EngineerÕs review of November 3, 2009.
You have thirty (30) days from the date this decision is mailed to file an appeal from the decision. I attest that the date this decision was mailed is January 15, 2010.
Motion was seconded by Timothy Damiani. Motion passed. Robert B. Mansfield, aye; Timothy Damiani, aye; Charles Strunk, aye.
Tri-County Planning Module Tabled till Next Meeting as 30 Day Comment period was not up.
Smith/Milford Township Subdivision to create open space-tabled.
Further Public Comment: None.
Adjournment: Robert B. Mansfield adjourned the January 4, 2010 regular meeting at 7:29 pm
Board of Supervisors went into an Executive Session to discuss the purchase of Real Estate-land for open space.
Minutes of January 19, 2010 Regular Meeting
These minutes are submitted for Review and may be subject to corrections and additions. They will be on 02/02/2010 agenda for a motion on their correctness
Meeting was called to Order by Chairman at 7:02 P.M. at the Milford Township Municipal Building and opened with Pledge of Allegiance to the U.S. Flag.
Supervisors Present: Charles Strunk, Vice-Chairman; Timothy Damiani, Supervisor.
Excused: Robert B. Mansfield, Chairman
Attendance: Peter Andersen, Andersen Engineering, Twp. Engineer; Janya Awckland, Assistant Secretary-Treasurer; Terry Clemons, Clemons Richter Walsh & Reiss, Township Solicitor ; Pat Roeder, Secretary-Treasurer; Jeffrey A. Vey, Township Manager; David Winkler, Public Works Director. Audience: 11
Timothy Damiani made a motion to approve the Minutes of the January 4, 2010 Regular Meeting and the January 4, 2010 Re Organizational Meeting as presented. Motion was seconded by Charles Strunk and passed. Robert B. Mansfield, absent; Timothy Damiani, aye; Charles Strunk, aye.
Having reviewed the invoices, Charles Strunk made a motion to approve the invoices for payment per two page list dated January 19, 2010. Motion was seconded by Timothy Damiani. Motion passed. Robert B. Mansfield, absent; Timothy Damiani, aye; Charles Strunk, aye. See Addendum #1.
Announcements:
A. Conditional Use Hearing for Milford Village February 2nd at 7:00 pm
B. Public Hearing for Ordinance Amending Zoning February 2nd at 7:00 pm.
© Planning Commission Meeting January 27th at 7:30 pm when zoning ordinance
revisions will be reviewed.
Correspondence:
a. QAPC December Minutes.
b. MTASA Raising Residential Sewer Rate $40 per Quarter
Jeffrey A. Vey: ÒThe Park Board is purchasing signs for the walking trails, there was a discussion about placing wreaths at Unami Creek Veterans Memorial on Memorial Day. Ed Lampert will check into this.
There was no recommendation on a Dog Park.
The lights at the flag pole continue to be problematic.Ó
Representatives: Clark Fulton, Building Committee Chair, Marilyn Bobb, President and Jason Gerhart, Vice President and several fire co. members.
Clark Fulton went over the plans for a new firehouse and banquet hall which is the next phase of Trumbauersville Fire Co. Strategy Plan that was started in 2004. In 2005 they replaced their SCBA (Self contained breathing apparatus) gear and in 2007 they purchased a new engine for over $450,000.
Engineer doing the land development is Scott Mease, Mease Engineering, PC and George Donovan, is the Architect. The plan developed over the last two years requires minor variances from Trumbauersville Zoning Hearing Board and after the February 10th Hearing; they will be ready to go forward with their plans which require that the firehouse be demolished and the fire trucks have temporary housing.
They hope to start September 2011 and open June 2012.
Questions from audience.
Bob Flack, 2265 Mill Hill Road asked when they would demolish the old engine house and what would happen then?
Clark Fulton explained the various ways they have considered to house the fire trucks.
Charles Strunk: ÒMilford Township has reserved $50,000 for a contribution toward the construction of the Trumbauersville Fire House. This was based on coverage area. Let us know when you need it.Ó
Marilyn Bobb: ÒThe style chosen for the new firehouse was in keeping with the older style of the first firehouse.Ó
Charles Strunk made a motion to approve Resolution 2010-09 Tri-County Planning Module for property on Benners School Road and forward it to DEP as no public comments or comments letters were received during the 30 comment period. Motion was seconded by Timothy Damiani. Motion passed. Robert B. Mansfield, absent; Timothy Damiani, aye; Charles Strunk, aye.
Escrow Releases:
Resolution 2010-10 Community Baptist Church
Charles Strunk made a motion to approve Resolution 2010-10 releasing $45,570.13 to Community Baptist Church and retaining $7,195.28 as escrow for the 18 Month Maintenance Period. Motion was seconded by Timothy Damiani and passed. Robert B. Mansfield, absent; Timothy Damiani, aye; Charles Strunk, aye.
Further Public Comment: None.
Albert Grandinetti, 1864 Sycamore Drive mentioned he had trouble getting a PDF file of an ordinance off the Township web site.
Jeffrey A. Vey: ÒYou will not be able to open a repealed ordinance. I will check it out.Ó
Adjournment: Charles Strunk adjourned the January 19, 2010 meeting at 7:35 pm
Minutes of January 26, 2010 Work Session
These minutes were amended. See 02/02/2010 Minutes.
Meeting was called to Order at Milford Township Municipal Building by Chairman at 5:40 P.M.
Supervisors Present: Robert B. Mansfield, Chairman; Charles Strunk, Vice-Chairman. Timothy Damiani, Supervisor.
Attendance: Janya Awckland, Assistant Secretary-Treasurer; Patricia Roeder, Secretary-Treasurer; Jeffrey A. Vey, Township Manager. Audience: 2
Consensus of the Board of Supervisors that Unit # 1 2006 GMC Pick Up Truck would not be sold. It will be kept and used for park and open space maintenance.
Street Light Assessments that were not paid in 2009 will be collected by the Bucks County Tax Claim Department. Properties will be liened.
Discussion on signs for walking trail head at Fernbrook, Unami Creek Trail at Kumry Road, and Unami Creek Trail at Milford Avenue. Board noted there was no formal trail system at the Fernbrook Park.
Mill Road Project-Concentrate on moving utility poles and right of way acquisitions.. Poles should be first priority and working out movement of the AT&T line. Board again stated that first phase of Mill Road Project would be from Portzer to Freier. Township Engineer has finalized the plans and provided the descriptions for the deeds for Mill Road from Portzer Road to improved cartway just east of Devon Drive. Deeds are prepared
Old Plains Road-Township Manager is trying to obtain cooperation from Verizon to move wires off existing poles onto the new poles that were erected last year.
Chairman Robert B. Mansfield adjourned the January 26th Work Session at 6:21 p.m.
Minutes of February 2, 2010 Regular Meeting
Meeting was called to Order by Chairman at 7:00 P.M. at the Milford Township Municipal Building and opened with Pledge of Allegiance to the U.S. Flag.
Supervisors Present: Robert B. Mansfield, Chairman; Charles Strunk, Vice-Chairman; Timothy Damiani, Supervisor.
Attendance: Peter Andersen, Andersen Engineering, Twp. Engineer; Janya Awckland, Assistant Secretary-Treasurer; Terry Clemons, Clemons Richter Walsh & Reiss, Township Solicitor ; Gregory Hobson, ZHB; Pat Roeder, Secretary-Treasurer; Marilyn Stecker, AssÕt Twp Manager; Jeffrey A. Vey, Township Manager; David Winkler, Public Works Director. Audience: 38
Robert B. Mansfield made a motion to approve the Minutes of the January 19, 2010 Regular Meeting and with the correction that the existing nature trails at the Fernbrook Park are in need of repairs, the January 26th Work Session minutes. Motion was seconded by Timothy Damiani and passed. Robert B. Mansfield, aye; Timothy Damiani, aye; Charles Strunk, aye.
Having reviewed the invoices and the TreasurerÕs Report, Charles Strunk made a motion to approve the invoices for payment per two page list dated February 2, 2010 and the TreasurerÕs Report for Year Ending Dec. 31, 2009. Motion was seconded by Robert B. Mansfield. Motion passed. Robert B. Mansfield, aye; Timothy Damiani, aye; Charles Strunk, aye. See Addendum #1 and Addendum # 2.
Announcements: None
Correspondence:
c. Milford Twp Planning Commission 2009 Annual Report prepared by Susan Edwards
d. Bucks County Airport Authority Minutes of Dec. 9, 2009 Meeting
Jeffrey A. Vey: ÒItems of note-Bob Fowler is proposing a stand alone restaurant at Quakertown Airport and the Authority is not favorable to one. Milford Township is requesting easements for storm water control for Mill Road on the Airport property.
e. QAPC - 2009 Annual Report
All of the above items are available to Public.
Code Enforcement Office Report
Jeffrey a. Vey: ÒIn January permits were issued for one single family dwelling, two renovations, one demolition and six use and occupancies.Ó See Addendum # 3.
Public Works DirectorÕs Report for January 2010
David Winkler, Public Works Director: ÒThe Public Works Department spent most of the month doing maintenance work.
We installed a new gate on the plastic bin at the Recycling Center and sand blasted and painted the recycling bins.
We sanded and varnished the picnic tables at the Fernbrook Park pavilion.
Cleared trees in the site distance at Canary Road and Trumbauersville Road and were out patching potholes.
We went out a total of three times to cinder this month.Ó
Capital Equipment Purchase Budgeted for 2010
David Winkler: ÒCan I purchase the replacement for Unit 5 the 1995 International Dump. We can purchase under the State Contract - the body from US Municipal Supply and the Chassis from Del Val International?Ó
Charles Strunk: ÒI went over the specÕs this afternoon and they are o.k.Ó
Robert B. Mansfield made a motion to order a new dump truck with specifications approved by Charles Strunk and as budgeted from fiscal year 2010 Capital Fund. Motion was seconded by Charles Strunk. Motion passed. Robert B. Mansfield, aye; Timothy Damiani, aye; Charles Strunk, aye
Milford Township Planning Commission January Meeting Report
Planning Commission reviewed the proposed amendments to the AMU portion of the Zoning Ordinance which is on tonightÕs agenda.
Township ManagerÕs Report
Jeffrey A. Vey: ÒThe Bucks County Planning Commission annual report of material recycled and Household Hazardous Collection was received. Bucks CountyÕs rate of recycling is 26%. DEP would like it to be 35%. Bucks County is asking the Township to participate in the Household Hazardous Collection for 2010 thru 2012 at an annual commitment of $1,474.80. Since its start in 1998 there has been a steady increase in participation. Ò
Resolution 2010-11
Motion to Participate in 2010-2012 Regional Household Hazardous Waste Collection Program
Robert B. Mansfield made a motion to commit Milford Township to participate in the 2010-2012 Regional Household Hazardous Waste Collection Program at an a proportional share of disposal costs of $1,474.80 per year for three years. Motion was seconded by Timothy Damiani. Motion passed. Robert B. Mansfield, aye; Timothy Damiani, aye; Charles Strunk, aye
7:05 PM Public Hearing to amend the Arterial Mixed Use Overlay Zoning District (AMU) provisions of the Zoning Ordinance
Terry Clemons: ÒThis proposed Ordinance amends and restates the AMU Ordinance provisions adopted by Ordinance No. 151 on February 19, 2008 with the following clarifications: It excludes utility rights-of-way other than water and sewer lines from the definition of Open Space; it amends the definition of Base Site Area to make clear that parcels can be either separately or jointly owned; it deletes the definition Òcommercial buildingÓ and replace it with Ònonresidential buildingÓ; it adds Use C11 (Hospital) to the list of uses permitted in the AMU District; it amends the Site Capacity calculations for AMU uses and provides floor area limitations for nonresidential buildings specifically stating the retail uses to which it is applicable; it amends parking requirements for age restricted units; it increases the number of apartments and low impact units permitted in a multistory building; it requires a 100 feet buffer from the outside boundaries of an AMU property directly bordering on residential uses and further requires that certain setbacks meet requirements for single family units; it adds congregate care buildings, offices, medical offices and hospitals to the type of buildings which may be increased to four stories; it permits a 2% increase in impervious surface percentage where certain best management practices are incorporated into the design of the AMU; it revises certain of the parking requirements and maximum number of dwelling units permitted for buildings; where phased, it requires that each phase of an AMU development obtain conditional use approval; it contains other revisions consistent with the substantive provisions state above.Ó
Robert B. Mansfield: ÒThe Milford Township Planning Commission had the following suggestions in their review letter dated January 28, 2010: Ô
1. Section 661-Definitions Applicable to AMU Overlay District – changes within both subsections B and C: Add ÒOccupancy is restricted such that each unit is occupied by at least one person aged 55 or over or by one person who due to disease or accident related physical condition is in need of assisted care.
2. Section 661 C. Congregate Housing Reduce the number of bedrooms from three (3) to two (2) bedrooms.
3. Section 661 E. Add: and be occupied by at least one person aged 55 or over.
4. Section 663 Permitted Land Uses C. 1 – change the last word from ÒdevelopmentsÓ to ÒapartmentsÓ.
5. Section 663 Permitted Land Uses C. 2. – add B 6 Performance Standard Residential Use and add Use E6 Drive-InÕs/Eating Places (which was deleted from this section, but not from 664 B).
6. Section 663 C 3 Townhouses delete the last sentence: unless such Townhouse units are a type of Low Impact Residential Dwelling Unit.
7. Section 664 B. Last sentence should read: Éarchitectural standards provided in Ordinance 133, adopted July 19, 2005. Delete Òof the Zoning Ordinance.Ó
Question on townhouses being low impact.
Terry Clemons: ÒThe ordinance permits townhouses but not as low impact with a density multiplier.Ó
Consensus of the Board that they agreed with Planning Commission comments with the exception that they would permit three bedrooms in only 5% of the units in a congregate care development and All units must be occupied by at least one person aged 55 or over or by one person who due to disease or an accident related physical conditions, is in need of assisted care.Ó
Robert B. Mansfield: ÒAre these changes substantive enough to make re advertisement of the proposed ordinance necessary?Ó
Terry Clemons: Ò1,2,3,4,and 5. The Municipal Planning Code say that even though the changes were recommended by the Planning Commission; the changes require that they be re circulated to Milford Township Planning Commission and the Bucks County Planning Commission and be re advertised.Ó
Robert B. Mansfield: ÒThen re advertise.Ó Discussion on number of apartments.
Del Markward: ÒWith the number of congregate care units, we donÕt need 10% as three bedroom.Ó
Del Markward indicated apartments were needed to make the project viable.
Gregory Hobson: ÒWould that effect what the Planning Commission wanted to do?Ó
Robert B. Mansfield: ÒTo qualify as a Low Impact Residential Unit, a dwelling unit with a multi-story apartment building must have two (2) bedrooms or less. The Planning Commission would be restricting it even further. A forty five year old couple in a two bedroom apartment wonÕt have further impact.Ó
Bob Martin, 2332 Blackledge Drive: ÒIf the 200 acres is subdivided, how will the Township manage the restrictions overtime?Ó
Robert B. Mansfield: ÒA complete deed restriction.Ó
Mary Flack, 2265 Mill Hill Road wanted to read a letter expressing her views and concerns about the development and impact on the community.
Robert B. Mansfield: ÒWe will get to that later (during the conditional use hearing.)Ó
Robert B. Mansfield and Timothy Damiani agreed that two bedroom apartments would not be age restricted.
Terry Clemons: ÒCongregate care will have restrictions and the ordinance will be revised to incorporate the planning commission comments other than Comment 3. A revised ordinance will be prepared and circulated to the Planning Commissions. The earliest that a public hearing could be held would be Tuesday March 16th. Comment 2 will be modified so that 5% of the units could have three bedrooms.Ó
7: 36 PM Public Hearing on AMU Ordinance Revisions was closed.
7:36 p.m. Conditional Use Hearing on Milford Village was opened by Terry Clemons
Terry Clemons explained the process to the audience and entered into the record ten documents as Township Evidence.
Four persons asked for Party status and signed in giving Mr. Clemons addresses. If possible he asked for an email address.
Pat Armstrong spoke on behalf of LifeQuest. And agreed to the procedures for continuing the Conditional Use Haring.
Mary Flack, 2265 Mill Hill Road read her letter addressing her concerns about the development.
Terry Clemons marked it as Flack Exhibit 1.
Terry Clemons: ÒThe Milford Village Conditional Use Hearing will be continued to Tuesday, March 16th at 7 p.m. The township will not be sending out 51 letters to announce the continued hearing. The Municipal Planning Code considers announcing the time and date of the next meeting at tonightÕs hearing sufficient.Ó
Timothy Damiani: ÒRegretfully, I will not be present at the March 16th meeting. I have work obligations that I have to fulfill.Ó
Dennis Schlosser asked if he could get a copy of the master plan revisions that might be made to take into consideration the proposed revisions to the AMU Ordinance.
Robert B. Mansfield: ÒWe are not going to push thru the decisions unto we get a clear idea of the project. You have to follow the project and hve to continue coming out to the meetings.Ó
Paul Nye, 2180 Mill Hill Road expressed concern that one supervisor would not be at meeting.
Terry Clemons 8 PM: ÒOn the record I would suggest that Parties agree that Mr. Damiani vote by reviewing the application and court reporters notes.Ó
Robert B. Mansfield: ÒIt is extremely unlikely that we will decide on March 16th. Mr. Damiani will have an opportunity to review.Ó
Timothy Damiani: ÒI have known of this commitment since December. Could we move the hearing to April?Ó
Del Markward: ÒMr Damiani can read the application. Dragging it on has been exhausting.Ó
Terry Clemons: ÒThen Milford Investors does not object to the continuance to March 16th?Ó
Pat Armstrong: ÒWe do not object.
Terry Clemons: ÒHearing is continued to March 16th at 7 pm in this building.Ó
Del Markward described the Milford Village proposal.
James Walsh, 1650 Upper Ridge Road asked how useful the open space will be if fragmented.
Del Markward went over the location in relation to the Tohickon Valley School.
Robert B. Mansfield and Jeffrey Vey described the open space adjacent to Milford Village and how it could be reached.
James Walsh asked if they were proposing sidewalk along Rt. 663.
Del Markward: ÒNo.Ó
Douglas Harr, 2305 Mill Hill Road asked if he and his neighbors could qualify for an AMU.
Terry Clemons: Ò200 contiguous acres governed by a unified master plan with recorded notes and restrictions on the plan constitutes an overall unified plan.Ó
Robert B. Mansfield: ÒAnd the acreage must be on an arterial highway.Ó
Douglass Harr asked about how it might
effect property values.
Del Markward: ÒIt should increase the surrounding property values as the people
could connect to new facilities.Ó
Douglas Harr: ÒThere was an article in the Intelligencer talking about 1,000 residential units and contending with construction over a ten to fifteen year period.Ó
Robert B. Mansfield: Ò500 units are congregate care. There will be prolonged building.Ó
Timothy Damiani: Possibly 32 single family homes.Ó
Gregory Hobson: ÒWill 663 be widened at the start of the project?Ó
Del Markward: ÓPennDOT is after traffic improvements in three phases; the first phase would at Commerce Drive-300 feet on each side and at Portzer and Rt. 663 as the traffic counts dictates. And we have to get this through with the Supervisors.Ó
Gregory Hobson: ÒWhat about the access road between the Flack properties?Ó
Del Markward: ÒThat will be an alternate exit for the people who live on the back portion of the site.Ó
Gregory Hobson: ÒA primary entrance?Ó
Robert B. Mansfield: ÒFor people living in the back end, the primary traffic would not pass thru or commercial traffic.Ó
Christopher Tray, 2345 Willow Stream Drive: ÒWill this be an additional tax burden; a non profit?Ó
Del Markward: ÒNon-profits pay taxes and for profits pay taxes (Real Estate Taxes).Ó
Terry Clemons: ÒCertain uses are tax exempt. There is a pending court case which only effects a small portion of the property.Ó
Del Markward: ÒNothing is intended to be tax free.Ó
Terry Clemons: ÒA maximum of 21 acres of the 200 plus acres is involved in a court case.Ó
Melinda Rizzo, 2855 Old Bethlehem Pike: ÒThere is hear say going around about a hospital locating on the site.Ó
Del Markward: ÒWe have contracted numerous hospitals and medical offices. We have talked generalities with hospitals to attract interest. Also discussed wellness centers.Ó
James Walsh: ÒWill this impact public water and sewer?Ó
Robert B. Mansfield: ÒIt requires public water and sewer. The current plant can handle the sewer. It will also impact emergency services such as fire protection.Ó
Del Markward: ÒFire is addressed.Ó
Bob Martin: ÒThere is existing water that accumulates on the LifeQuest property and I have noticed that over a three year period the flow from the stream on the LifeQuest property onto my property has increased. Can you get them to move the stream or make more buffers?Ó
Terry Clemons: ÒThose are natural features.Ó
Del Markward: ÒThey are waters of the Commonwealth.Ó
Terry Clemons: ÒWetland waters are under the jurisdiction of the Army Corp and cannot be disturbed. The wetland study identifies the areas.Ó
Del Markward: ÒThere is a natural features plan.Ó
Peter Andersen: Ò The Army Corp did not delineate the wetlands but the Army Corp will get involved and verify that the wetland is delineated.Ó
Timothy Damiani: ÒTownship requires Riparian Buffers along an intermittent stream.Ó
Del Markward: ÒTwenty five or seventy five feet (of buffering) depending on how the wetlands/stream is defined.Ó
Robert Flack: ÒWhere will the Mill Hill Road entrance be?Ó
Del Markward: ÒAlong the lot line of the Scheetz and Fly properties, closer to the Scheetz side.Ó
Francis Kasper, 2175 Mill Hill Road: ÒWhen will the new section Mill Hill Road be done before Mill Hill Road is closed at Rt. 663?Ó
Robert B. Mansfield: ÒCompletely built (extended to Commerce Drive) before the Mill Hill Road end at Rt. 663 is shut off. Ò
Robert B. Mansfield: ÒPart of the land development conditions will be that all construction vehicles have to enter the site over Route 663.Ó
James Walsh asked for a description of the retail.
Robert B. Mansfield: ÒAll the changes made from commercial to non residential-all count against the 450,000 sq. ft. (total).Ó
Del Markward: ÒAnything done whole or in part has to work with the impervious surface (limitations).Ó
James Walsh asked about the landscaping.
Del Markward: ÒOnly 15 to 18% of the trees are coming down. Landscaping along the entrance; the perimeter trees will not be disturbed. An arborist did a full study of the forest. We are trying to leave visual trees.Ó
Bob Martin: ÒWhat about the intersection of Portzer Road and Old Bethlehem Pike?Ó
Jeffrey A. Vey: ÒPennDOT will consider the impact on the intersection.Ó
Peter Andersen: ÒThere was a very brief discussion on a round about.Ó
Robert B. Mansfield: ÒWe did discuss a round about with Richland Township but with the economy, the Townships have no means to participate.Ó
Robert B. Mansfield: ÒThe Master Plan is on the web site. Keep in mind, it will be tweaked right up to March 16th.Ó
Terry Clemons: ÒThe Exhibits are available in the Township Building.Ó
Peter Andersen: ÒEvery phase of the development has to come back to the Board of Supervisors for review.Ó
8:55 p.m.
Genova Preliminary Plan 3 lot Subdivision was tabled and a time extension to May 26, 2010 was received.
Robert B. Mansfield made a motion to deny the Milford Village Lot Line as it did not meet the conditions in the Andersen Engineering Review letters dated September 18, 2009 and October 29, 2009. This motion will be rescinded upon the receipt of a time extension. Motion was seconded by Charles Strunk. Motion passed. Robert B. Mansfield, aye; Timothy Damiani, aye; Charles Strunk, aye A time extension to April 3, 2010 was received and accepted by Township.
Resolution 2010-12 Sohum Escrow Release
Robert B. Mansfield made a motion to release the remaining balance of $59,181.25 in the First Savings Letter of Credit to Sohum Inc. the remaining escrow for the Springhill Hotel and accept a Maintenance Bond #1039014 from the Lexon insurance Co. for $58,153 to provide the escrow coverage for the 18 Month maintenance Period which runs from Dec. 15, 2009 to June 15, 2011. Motion was seconded by Timothy Damiani. Motion Passed. Robert B. Mansfield, aye; Timothy Damiani, aye; Charles Strunk, aye
Public Comments:
Nancy Gill, 1950 Allentown Road asked why was the tree work done for several days in the Unami Creek park omitted from the Public Works Department report.
Timothy Damiani: ÒIt will be added to the minutes.Ó
Robert B. Mansfield; ÒWe will have that added to the minutes.Ó
Christopher Tray expressed concern over the impact of disc golf on the areas near the nature trails in the Unami Creek Park.
No Further Public Comments.
Adjournment: Robert B. Mansfield adjourned the February 2, 2010 meeting at 9:02 pm
Minutes of February 16, 2010 Regular Meeting
Meeting was called to Order by Chairman at 7:01 pm at the Milford Township Municipal Building and opened with Pledge of Allegiance to the U.S. Flag.
Supervisors Present: Robert B. Mansfield, Chairman; Charles Strunk, Vice-Chairman; Timothy Damiani, Supervisor.
Attendance: Janya Awckland, Assistant Secretary-Treasurer; Pat Roeder, Secretary-Treasurer; Jeffrey A. Vey, Township Manager. Audience: 8
Robert B. Mansfield made a motion to approve the Minutes of the February 2, 2010 Regular Meeting. Motion was seconded by Timothy Damiani and passed. Robert B. Mansfield, aye; Timothy Damiani, aye; Charles Strunk, aye.
Charles Strunk made a motion to approve the invoices for payment per two page list dated February 2, 2010 and the TreasurerÕs Report for Month Ended January 31, 2010. Motion was seconded by Robert B. Mansfield. Motion passed. Robert B. Mansfield, aye; Timothy Damiani, aye; Charles Strunk, aye. See Addendum #1 and Addendum # 2.
Announcements:
a. Public Hearing on Amendment to AMU Zoning Ordinance March 16th at 7 pm.
b. Continuation of Milford Village Conditional Use Hearing March 16th at 7 pm.
c. Milford Township Planning Commission Meeting Feb. 24th at 7:30 pm
d. Board of Supervisors Work Session February 23rd at 5:30 pm.
a. Pennsylvania Liquor Control Board License Payments.
b. DEP Approval of Act 101 Recycling Program Grant of $17, 217 for 2007.
Township Managers Report on Blizzard
Robert B. Mansfield: ÒHow are the snow costs versus the budget allocation?Ó
Jeffrey A. Vey: ÒIt is premature to give totals as we do not have the outside contractor invoices.Ó
Patricia Roeder: ÒThe budget versus actual –we are in good shape in spite of the severe activity.Ó
Robert B. Mansfield: ÒWhat is the %used?Ó
Patricia Roeder: Ò22% calculated thru the plowing yesterday. However we have not yet received the outside contractor invoices.Ó
Robert B. Mansfield: ÒIs the salt supply o.k.?Ó
Jeffrey A. Vey: ÒYes.Ó
Patricia Roeder: ÒKeep in mind that the budget is for the worst case scenario.Ó
Robert B. Mansfield: ÒWe may have to change the worst case figure.Ó
Janya Awckland: ÒYes, it should be re evaluated for the 2011 Budget.Ó
A Bark In The Park-Canine mini-relay at Molasses Creek Park Saturday May 15th
Representative: Janet Sinnott, Representative of Sertoma Club of Upper Bucks for the Upper Bucks Relay for Life benefiting the American Cancer Society:
Janet Sinnott: ÒWe are planning it
for two weeks later this year from 9 am to Noon and I am here to ask the Board
for permission and asking if you could have something posted on the Bulletin
Board at the walking path in the park.Ó
Board of Supervisors authorized Township Manager to post the event on the web
site and PEG TV Milford Channel as well as the Bulletin Board in the Park.
Public Comments:
Robert Flack, 2265 Mill Hill Road said the roads were cleared and salted and crew did an excellent job.Ó
Jeffrey A. Vey: ÒIt was done with extreme effort by the road crew.Ó
Janet Sinnott: ÒDuring one storm a couple of Township trucks came out and helped school buses that were stuck.Ó
Harry Rawluk, West Geryville Pike expressed concerns with the smoke from wood burning furnaces and the smokeÕs effect on his health and use of his home.
Robert B. Mansfield: ÒWe can take the concerns about outdoor furnaces to the Township Solicitor and see if they can be address by Resolution and following manufactures suggestions about the proper installation. Not every lot may lend itself to the use.Ó
Charles Strunk to Mr. Rawluk: ÒCome to the BoardÕs work session Feb. 23rd at 5:30 pm and bring the information you have gathered.Ó
Adjournment: Robert B. Mansfield adjourned the Feb. 16, 2010 meeting at 7:16 pm
Minutes of February 23, 2010 Work Session
Meeting was called to Order at Municipal Building by Vice-Chairman at 5:37 P.M.
Supervisors Present: Charles Strunk, Vice-Chairman; Timothy Damiani, Supervisor. Excused: Robert B. Mansfield, Chairman
Staff: Janya Awckland, Assistant Secretary-Treasurer; Patricia Roeder, Secretary-Treasurer; Jeffrey A. Vey, Township Manager; James Young, Code Enforcement officer, Zoning Officer and Fire Marshall. Audience: 10
Genova Subdivision on Canary Road
Representative: Robert G. Moffett, GenovaÕs attorney.
Robert G. Moffett asked Board about satisfying the open space requirement on the Genova three lot single family cluster subdivision as a comprehensive conservation easement versus a fee simple dedication to the Township. The GenovaÕs would prefer a conservation easement as they are concerned about public access to their property.
Mr. Moffett serves on the Bucks County Open Space Board which has developed a conservation easement that Bucks County places on properties. The Pennsylvania Land Trust Alliance has also developed a very tight easement which requires public access to the easement area.
GenovaÕs were willing to provide access to the Township for inspection purposes and have the activities of the home owners covered by an easement that would not allow improvements with out consultation with the Township.
Jeffrey A. Vey asked if there was role for a third party in the administration of a conservation easement.
Robert Moffett: ÒIf you work with an agency such as the Natural Land Trust to monitor the easement on a regular basis, they normally want an endowment set aside.Ó
Jeffrey A. Vey: ÒIs there another organization that would be suitable.Ó
Charles Strunk: ÒUS Fish & Wildlife.Ó
Timothy Damiani: ÒThey donÕt have
time to write letters.Ó
Charles Strunk: ÒProvide copies of the easement language for review.Ó
Robert Moffett: ÒJudge Hart Rufe helped develop the Bucks County easement. The Bucks County easement language has been updated; use a more recent one.Ó
Consensus of the Board of Supervisors that they would be agreeable to a conservation easement on the Genova three lot single family cluster.
Jeffrey A. Vey: Ò Harry Rawluk was asked to bring information to this work session to discuss outside wood burning stoves which are treated as accessory building in the Township Zoning Ordinance. The International Building Code requires that the chimney be two foot above the roof line of the structure housing the stove and that no other buildings be within a ten foot radius. The Township Zoning Ordinance has setbacks that apply to a residential accessory structure. There are Best Management Practices available that can be used as a guide but are not enforceable by the Township.
R. Harry Rawluk, West Geryville Pike (who joined the meeting in progress)went over attending a meeting in Harrisburg on outside wood burning stoves and the problems he is experiencing in his home from the smoke from his neighbors outside wood burning stove.
Seven Milford Residents in the audience who have outside wood burning stoves participated in the discussion.
Existing outside wood burning stoves would not be subject to any new regulations approved by the Township. Under any new regulation, they would become non-conforming and the new regulation would not be enforceable against existing non-conforming structures.
Code Enforcement Officer was instructed to visit Mr. RawlukÕs property at the time periods he mentioned when the smoke problem was the most troublesome to evaluate the problem.
Jeffrey A. Vey went over the letter (copied to the Township) from Wawa to the property owner on the west side of Weiss Road who had called the Wawa call center over fifty times about trucks parking on Progress Road on the east side of Weiss Road. In the letter, WawaÕs attorney instructed the resident to call the Township.
Progress Road on the east side of Weiss Road is a private road that does not belong to Wawa; the property is owned by Milford Convenience, LP; this makes it difficult for the State Police to enforce no parking as it is a private road and would be handled as a No Trespassing complaint which has to be made by the property owner.
Timothy Damiani: ÒBaus Road should be on the Township agenda. It is really breaking up-the section nearest Geryville Pike.Ó
Jeffrey A. Vey: ÒWe were talking about that today. We canÕt get right of way from the adjacent property owner. We can do repair work with in the 33 foot right of way. (Every public road has a legal thirty three foot right of way legislated by Commonwealth of Pennsylvania in 1933.)
Timothy Damiani: ÒFennel Road at the gas line could be improved by a little more shoulder room.Ó
Jeffrey A. Vey: ÒI will put that on the Spring Road Inspection.Ó
Question form the audience: ÒWhen will the Steinsburg Road Bridge be rebuilt?Ó
Jeffrey A. Vey: ÒThe Township just received a copy of the letter from the Bucks County Conservation District to PennDOT informing them that their erosion and sedimentation plan for the bridge work is adequate. We hope PennDOT will work on the bridge this year.Ó
Several members of audience commented on road side trash being a hazard to farming and plastic bags being a real danger to farms animals when they get mixed in with farm crops.
Vice Chairman Charles Strunk adjourned the February 23rd Work Session at 6:39p.m.
Minutes of March 2, 2010 Regular Meeting
Meeting was called to Order by Chairman at 7:00 P.M. at the Milford Township Municipal Building and opened with Pledge of Allegiance to the U.S. Flag.
Supervisors Present: Robert B. Mansfield, Chairman; Charles Strunk, Vice-Chairman; Excused: Timothy Damiani, Supervisor.
Attendance: Peter Andersen, Andersen Engineering, Twp. Engineer; Janya Awckland, Assistant Secretary-Treasurer; Pat Roeder, Secretary-Treasurer; David Winkler, Public Works Director. Audience: 7
Robert B. Mansfield made a motion to approve the Minutes of the February 16, 2010 Regular Meeting. Motion was seconded by Charles Strunk and passed. Robert B. Mansfield, aye; Timothy Damiani, absent; Charles Strunk, aye.
Having reviewed the invoices, Charles Strunk made a motion to approve the invoices for payment per two page list dated March 2, 2010. Motion was seconded by Robert B. Mansfield. Motion passed. Robert B. Mansfield, aye; Timothy Damiani, absent; Charles Strunk, aye. See Addendum #1.
Announcements:
a. Public Hearing on Amendment to AMU Zoning Ordinance March 16th at 7 pm.
b. Continuation of Milford Village Conditional Use Hearing March 16th at 7 pm.
Correspondence:
a. Milford Trumbauersville Area Sewer Authority 2009 Annual Report
b. The State Fund Report for 2009 Expenditures Approved by PennDOT.
c. Bucks County Airport Authority January Minutes
d. Bucks County Planning Commission 2009 Annual Report of Review Activity
All Correspondence is available for public inspection upon request.
Code Enforcement Office-Report of February Activities Permit list is available for public inspection upon request. (See Addendum # 2.)
Public Works-Report on February Work
David Winkler, Public Works Director: ÒThe Public Works Department had a very busy month with snow removal.
We went out a total of nine times to cinder and five times to plow. We also had high winds to contend with on the two large storms.
Our salt supply was down due to the high demand this year, but International Salt is slowly starting to re supply and we will be fine as long as we donÕt have another large storm.
The Road Department has been out patching potholes and doing equipment repairs.Ó
Milford Township Planning Commission - February Meeting Cancelled.
Township Managers-Milford Township Historical and Preservation Society
Robert B. Mansfield: ÒThe Historical Society asked for a contribution toward a sign for the school house.Ó
Motion to make contribution toward Sign-1580 Sleepy Hollow Road School House
Robert B. Mansfield made a motion to contribute $275 toward the sign to be placed by the Milford Township Historical and Preservation Society on the old school house owned by the Township at 1580 Sleepy Hollow Road. Motion was seconded by Charles Strunk. Motion passed. Robert B. Mansfield, aye; Timothy Damiani, absent; Charles Strunk, aye.
a. Genova-Preliminary 3 lot Subdivision-Easement & Planning Module-tabled
Escrow Release:
Joshi/Hampton Inn: Peter Andersen: ÔThe release is satisfactory.Ó
Janya Awckland: ÒThe In House Escrow account has been replenished.Ó
Robert B. Mansfield made a motion to approve Resolution 2010-13 Hampton Inn/Joshi Escrow Release #3 for $81,171.00 leaving a Balance of $38,761.00 in the letter of credit at 1st Savings Bank of Perkasie. Motion was seconded by Charles Strunk. Motion passed. Robert B. Mansfield, aye; Timothy Damiani, absent; Charles Strunk, aye.
Status Report Blackledge 18 Month Security by Andersen Engineering
Peter Andersen: ÒThe Blackledge DevelopmentÕs 18 Month Maintenance period expires in April. There are defects; trees that need to be replaced and repairs that need to be made. The list was sent via Certified Mail to the Main Street Group, Office of the Developer of Blackledge and will be sent Certified to Portzer Road Associates L.P. (entity who signed the Financial Security Agreement.)Ó
Peter Andersen: ÒThe Streamview Release No. 17 has been approved.Ó
Robert B. Mansfield made a motion to approve Resolution 2010-14 Streamview LLC Release #17 for $14,970.96 leaving a Balance of $276,360.03 in the Letter of Credit. Motion was seconded by Charles Strunk. Motion passed. Robert B. Mansfield, aye; Timothy Damiani, absent; Charles Strunk, aye.
Robert B. Mansfield to Patricia Roeder: ÒFor Your Information do not put an escrow release for a developer on the agenda unless the In House Escrow Account for Legal and Engineering Work is in good standing.Ó
Public Comment:
Christopher Tray, 2345 Willow Stream Drive went over the provisions for riparian areas in the Milford Township portion of the Quakertown Area Zoning Ordinance and that the Unami Woods to the top of the hill to the pavilion was a riparian area. And noted that Ordinance 77 Section 4 of the Park Ordinance protected trees from people. He asked why allow a recreational sport in a Riparian Zone.
Robert B. Mansfield: ÒStructures are permitted if allowed by the Board of Supervisors for recreational purposes. The intent of the language in the ordinance (77) is to prohibit people using the parks from removing the landscaping. If you want to interpret the ordinance to the letter, you wouldnÕt have nature trails. I take the intent to mean nothing is disturbed by people using the park.Ó
Christopher Tray: ÒWhy vote to have the disc golf in the riparian buffer?Ó
Robert B. Mansfield: ÒI thought it was a suitable layout for the course.Ó
Charles Strunk: ÒI would say the same thing.Ó
Nancy Gill, 1950 Allentown Road: ÒNone of the Supervisors walked the trail. Who walked the trail?Ó
Robert B. Mansfield: ÒWe take advisements from the staff very seriously. The Township Manager walked it (new placement for hole #4 on the disc golf course which is being relocated away from the Unami Creek) and said it was suitable.Ó
Nancy Gill: ÒIt is not suitable.Ó
Robert B. Mansfield: ÒIt can be made suitable. We want to make it co exist (with other uses in the Unami Creek Park). Every recreational activity can be made better.Ó
Charles Strunk: ÒWith changes the disc golf course will not impact the wet area. The Township purchased the property when it had been farmed. The woods has grown up since it was purchased.Ó
Janya Awckland: ÒIn the 1980Õs, a professional forester did a study for the Park Board and recommended that trees be selected and cut for harvest since the trees were all of all of the same age and would all mature at the same time.Ó
Charles Strunk: ÒSome of the trees that were cut and marked to be cut were fallen over.Ó
Nancy Gill dumped the ribbons that marked the trees to be cut down on the dais.
Further Public Comment: None.
Adjournment: Robert B. Mansfield adjourned the March 2 , 2010 meeting at 7:20 pm
Minutes of March 16, 2010 Regular Meeting
Meeting was called to Order by Chairman at 7:00 P.M. at the Milford Township Municipal Building and opened with Pledge of Allegiance to the U.S. Flag.
Supervisors Present: Robert B. Mansfield, Chairman; Charles Strunk, Vice-Chairman. Excused: Timothy Damiani, Supervisor.
Attendance: Peter Andersen, Andersen Engineering, Twp. Engineer; Janya Awckland, Assistant Secretary-Treasurer; Terry Clemons, Clemons Richter & Reiss, Township Solicitor ; Gregory Hobson, MT Zoning Hearing Board; Pat Roeder, Secretary-Treasurer. Audience: 25 to 30
Robert B. Mansfield made a motion to approve the Minutes of the March 2, 2010 Regular Meeting. Motion was seconded by Charles Strunk and passed. Robert B. Mansfield, aye; Timothy Damiani, absent; Charles Strunk, aye.
Having reviewed the invoices and TreasurerÕs Report, Charles Strunk made a motion to approve the invoices for payment per two page list dated March 16, 2010. Motion was seconded by Robert B. Mansfield. Motion passed. Robert B. Mansfield, aye; Timothy Damiani, absent; Charles Strunk, aye. See Addendum #1 and Addendum #2.
Announcements:
a. Quakertown Area Planning Committee February Minutes and March 9th Agenda.
b. Milford Township Planning Commission Regular Meeting March 31st 7:30 p.m.
c. Board of Supervisors Work Session March 23rd at 5:30 p.m.
7:03 P.M. Public Hearing on Amendment to AMU Zoning Ordinance
Terry Clemons: ÒThe ordinance amendment was advertised for the first meeting in February. It changes Ordinance 151 Arterial Mixed Use Overlay District. At the Hearing reviews were received from the Bucks County Planning Commission and the Milford Township Planning Commission. The Board of Supervisors directed that additional amendments be made to the ordinance. The amended Ordinance was re advertised and we have a Proof of Publication from the Township and County that the advertisement was run on February 25th and March 25th. Therefore, the Ordinance has been properly advertised. The Board of Supervisors can also hear Public Comments. We also received a follow up review from the Bucks County Planning Commission and the amended drafted ordinance was sent to the Milford Township Planning Commission with no further comments from the Milford Township Planning Commission. Ò
Robert B. Mansfield: ÒFor clarity please define the B6 and E6 Uses (that were added.)Ó
Terry Clemons: ÒUse 404 B6 Performance Standard Subdivision and Use 404 E6 Drive-Ins and Other Eating Places.Ó
Robert Flack, 2265 Mill Hill Road asked why uses were added and where would they be located.
Robert B. Mansfield: ÒThe uses were not in the draft AMU ordinance. They were just added to permitted uses.Ó
7:07 P.M. Motion on Ordinance 156
Robert B. Mansfield made a motion to approve Ordinance 156 Amending the Milford Township Zoning Ordinance duly adopted July 18, 1995 to establish an Arterial Mixed Use (AMU) Overlay District subject to Conditional Use Approval. Motion was seconded by Charles Strunk. Motion passed. Robert B. Mansfield, aye; Timothy Damiani, absent; Charles Strunk, aye.
7:07 P.M. Continuation of Milford Village Conditional Use Hearing
Robert B. Mansfield; ÒThere will be no decision reached tonight. We will stop the hearing at 9:30 p.m. and continue it to another meeting.Ó
7:08 PM Terry Clemons began the legal proceeds for the Conditional Use Hearing and the Court Reporter began recording the hearing.
8:14 PM Hearing was recessed for five minutes.
8:20 PM Hearing resumed.
9:05 PM Terry Clemons called names of people with party status to ask questions of the witnesses.
9:12 PM Questions from the audience from people without party status.
9:30 PM Milford Village Conditional Use Hearing was continued to 7:00 PM, at the April 6, 2010 Regularly Scheduled Board of Supervisors Meeting.
Public Comments:
Questions from the Audience:
Paul Nye, 2180 Mill Hill Road-traffic conditions where lanes would merge on Rt. 663.
Mervin Afflerbach, 1831 Allentown Road-lane separation on Rt. 663.
Scott Hendricks, 2140 Starr Road-traffic congestion on Rt. 663.
Correspondence:
a. QAPC 2010 Meeting Schedule, Annual Report for 2009, Review Procedures
b. PennDOT Inspection Notification-National Bridge Inspection Standards
Doerr Road Bridge and Weiss Road Bridge will be inspected.
Further Public Comment: None.
Adjournment: Robert B. Mansfield adjourned the March 16, 2010 meeting at 9:45 pm
Work Session Meeting Minutes of March 23, 2010
Call to Order
The meeting was called to order at the Municipal Building by the Chairman at 5:30 p.m.
Supervisor Attendance
Robert B. Mansfield, Chairman; Charles Strunk, Vice-Chairman; Timothy Damiani, Supervisor
Staff Present
Janya Awckland, Assistant Secretary-Treasurer; Patricia Roeder, Secretary-Treasurer; Marilyn Stecker, Assistant Township Manager; James Young, Code Enforcement Officer, Zoning Officer and Fire Marshall. Audience: 6
Request for Hook-up to Milford Trumbauersville Area Sewer System
James Blakely, 3145 Old Bethlehem Pike, Springfield Township, inquired about the possibility of hooking into the Milford Trumbauersville Area Sewer system. The Board indicated it would not permit a property outside of Milford Township to hook into MTASA lines.
PP&L (Old Bethlehem Pike Trolley Line)
Howard & Karen Ambron, 2694 Old Bethlehem Pike, inquired as to whether the township planned to purchase the old trolley line for open space. The Board indicated it is not interested in acquiring this land for open space.
Wawa Truck Parking
Discussion was held regarding the private road section of Progress Drive, North of the Wawa and a decision was made to shut off this section of road. This will be done to prevent truck parking on the private road and to prevent traffic from cutting through the Wawa parking lot to access the public section of Progress Drive and the PA Turnpike.
Joseph Valentine Sewer Authority Report
Joseph Valentine from the Milford Trumbauersville Area Sewer Authority reported that a new operator would be starting on Monday, March 29, 2010 and that three (3) inquiries had been received regarding the position. In addition, he reported that the sewer lines would be checked for storm water infiltration.
Public Comments
It was reported that the Pyramid Healthcare privacy fence was in need of repair. The Board indicated that they would be contacted regarding this.
Adjournment
Chairman Robert B. Mansfield adjourned the March 23rd Work Session at 6:17 p.m. and the Board went immediately into Executive Session until 6:23 p.m. to discuss a land acquisition matter.
Minutes of April 6, 2010 Regular Meeting
Meeting was called to Order by Chairman at 7:00 p.m. at the Milford Township Municipal Building and opened with the Pledge of Allegiance to the U.S. Flag.
Supervisors Present: Robert B. Mansfield, Chairman; Charles Strunk, Vice-Chairman; Timothy Damiani, Supervisor.
Attendance: Peter Andersen, Andersen Engineering, Twp. Engineer; Janya Awckland, Assistant Secretary-Treasurer; Terry Clemons, Clemons Richter & Reiss, Township Solicitor; Patricia Roeder, Secretary-Treasurer; Jeffrey A. Vey, Township Manager; David Winkler, Public Works Director; James Young, Code Enforcement Officer. Audience: 32
Approval of Minutes of Previous Meetings:
- Robert B. Mansfield made a motion to approve the Minutes of the March 16, 2010 Regular Meeting and the March 23, 2010 Work Session. Motion was seconded by Charles Strunk and passed. Robert B. Mansfield, aye; Timothy Damiani, aye; Charles Strunk, aye. - Charles Strunk made a motion to approve the Minutes of the February 23, 2010 Work Session. Motion was seconded by Timothy Damiani and passed. Robert B. Mansfield, abstain; Timothy Damiani, aye; Charles Strunk, aye.
Approval of Invoices for Payment: Having reviewed the invoices, Charles Strunk made a motion to approve the invoices for payment per 2 (two) page list dated April 6, 2010. Motion was seconded by Robert B. Mansfield and passed. Robert B. Mansfield, aye; Timothy Damiani, aye; Charles Strunk, aye. See Addendum #1.
Announcements:
a. Continuation of Milford Village Conditional Use Hearing May 4th at 7 p.m.
b. The March 31, 2010 MTPC Meeting was canceled.
Correspondence:
a. DCED Annual Audit and Financial Report prepared by Styer Associates (mailed March 12, 2010)
b. Bucks County Airport Authority February 15, 2010 Meeting Minutes
c. Liquid Fuels Tax Fund Audit year ended December 31, 2008 – No Findings
Reports:
a. Code Enforcement Officer - Report of March Activities – 2 Residential Accessory, 5 Renovations, 1 Residential Addition, 9 Use & Occupancy permits. See Addendum # 2.
b. Public Works Director – David Winkler - Report on March Work
During the month, the Public Works department replaced 13, 250-watt metal halide shop lights in the public works building with 13, 54-watt energy efficient florescent lights; worked on fixing the upper trail at Molasses Creek Park and painting the outside of the restrooms; spent Saturday, the 13th, cutting up trees from high winds (the full crew worked and 2 roads were closed due to downed wires on the roadways); and worked on patching potholes throughout the township.
c. Township Manager
Resolution 2010-19
Sale of Steinsburg Road Right-of-Way to PennDOT for Bridge Approach
Robert B. Mansfield made a motion to sell PennDOT, at PennDOTÕs request, Steinsburg Road Right-of-Way for bridge approach. Jeffrey A. Vey was given the authority to sign documents as Township Manager. Motion was seconded by Timothy Damiani and passed. Robert B. Mansfield, aye; Timothy Damiani, aye; Charles Strunk, aye
Road Bids - Robert B. Mansfield made a motion to award contracts for the following:
Aggregate & Asphalt – 1 bid received – Highway Materials, Inc.
Asphalt Distributor – 1 bid received – Asphalt Maintenance Solutions
Paving Equipment Rental – 1 bid received – Reid Paving
Crack Sealing – Renew contract for 3rd year of 3-year contract – Asphalt Maintenance Solutions
Motion was seconded by Tim Damiani and passed. Robert B. Mansfield, aye; Timothy Damiani, aye; Charles Strunk, aye.
Solicitor Update Outdoor Wood Burners
The Board of Supervisors and Township Solicitor continued discussions regarding wood burning furnace issues and how the rights of individuals to have outside wood burners that intrude on the comfort of neighbors by the emission of noxious fumes are to be handled by local entities.
Currently, the Board has received only one complaint, but Supervisor Robert B. Mansfield said that with the increase in the use of wood burners as a cheaper way to heat properties, the issue is rising and his colleagues have been checking with other localities.
Township Solicitor Terry W. Clemmons said the townshipÕs established burning regulations (which is Ordinance #81 enacted October 22, 1991) prohibit the burning of waste, tires, garbage, animal waste and construction materials impregnated with any harmful chemicals that burning would release into the air. He went on to state that causing a group of neighbors discomfort originating in unhealthy air pollution could trigger township action.
Lester Weisel, 2235 Spinnerstown Road, inquired if 2x4 construction waste could be burned. The indication was that 2x4Õs could be burned provided they were not pressure treated with harmful chemicals.
Randy Awckland, 1660 Fennel Road, reported that outside stoves are also available to burn waste oil.
It was noted by Terry W. Clemmons that some of the regulations are common sense, but that not every one lives by common sense. Jeffrey Vey, Township Manager, is concerned that enforcement may be left to local officials even though legislation is being prepared by the state. ÒHow do you enforce it?Ó How do we get proof of a violation? Enforcing behavior is the problem.Ó
There was a consensus of the Board to bring the topic back up at the Work Session Meeting on April 27, 2010.
Bucks County Board of Health West Nile Program
By consensus of the Board, it was agreed that the Township, as requested by the Bucks County Department of Health in a letter dated March 22, 2010, would grant permission to allow the municipal properties to be treated for mosquito control to help reduce the spread of West Nile Virus.
Subdivision and Land Development Plans:
Nottingham Final Plan, TMP No. 23-005-071, Allentown & Grant Roads, Representatives Cheryleen Strothers, Cowan Associates, Inc. and Representative Francis Dillon, Attorney
Charles Strunk made a motion to APPROVE Resolution 2010-15 subject to the conditions set forth below, Final Plans of Subdivision for certain premises located at the eastern corner of Grant Road and Allentown Road in the Township identified as Bucks County Tax Map Parcel Number 23-5-71, consisting of approximately 24.9348 acres (the ÒPropertyÓ). The legal owner and developer of the Property is Nottingham Building Group, LLC. (the ÒOwner/DeveloperÓ). The Plans of subdivision for the Property, prepared by Cowan Associates, Inc., consisting of twenty-one (22) sheets and dated August 18, 2005, and last revised on May 12, 2009, propose subdivision of the Property to create 9 building lots (the ÒPlansÓ). The Plans were reviewed by the Milford Township Planning Commission and approved for Final Plan approval. The Plans are approved subject to the following conditions to which your representatives agreed to at tonightÕs meeting.
1. Prior to the Recording of the Record Plans, you will address all outstanding engineering issues identified in the March 22, 2010, letter of Andersen Engineering Associates, Inc., Township Engineer, to the satisfaction of the Board of Supervisors. Additionally, you will identify street light style and location to the satisfaction and approval of the Township.
2. The Board of Supervisors approved your request for waivers from the following provisions of the SALDO:
a. Section 508c requiring fifty (50) feet clear sight triangles at the Grant Road intersection provided that clear sight triangles are in accordance with Section 523 of the Zoning Ordinance which is twenty-five (25) feet;
b. Section 514b requiring side lot lines to be at right angles or radial to ultimate right of ways from the ultimate right of way to the rear lot line;
c. Section 514f requiring residential lot depth to be not less than one (1) nor more than three (3) times the lot width;
d. Section 516b requiring curbing along existing streets abutting to subdivision provided that Owner/Developer performs curbing and roadway improvements along Allentown Road as agreed to by PennDOT and the Township;
e. Partial wavier of Section 519a requiring sidewalks. Owner/Developer to install sidewalks on the eastern side of the internal street; and
f. Partial wavier of Section 701e.2 requiring off-site information within 400 feet of any part of the Property.
3. Prior to the recording of the Record Plans, Owner/Developer shall execute a Deed of Dedication, in a form prepared by the Township Solicitor, dedicating to Milford Township the area within the ultimate right-of-way of Grant Road and Allentown Road along the frontage of the Property. Said conveyance shall be made free and clear of all liens such that title is marketable and insurable by a reputable title insurance company at ordinary rates. The Deed shall be recorded prior to or simultaneously with the recording of the Record Plans.
4. Prior to the recording of the Record Plans, Owner/Developer shall execute a Deed of Dedication, in a form prepared by the Township Solicitor, dedicating to Milford Township the public roadway in the subdivision. At the time of the recording of the Record Plans, said conveyance shall be made free and clear of all mortgages, liens or other encumbrances such that title is marketable and insurable by a reputable title insurance company at ordinary rates. The Deed of Dedication shall be recorded at such time as the Township accepts dedication of the public improvements in this subdivision unless the Township, in its sole discretion, elects to record the Deeds of Dedication at an earlier time.
5. Prior to the recording of the Record Plans, Owner / Developer shall execute a Deed of Dedication in a form prepared by the Township Solicitor, dedicating to Milford Township the parcel designated as ÒParcel AÓ on the Plans whereon the detention basin and detention basin lot are located in the subdivision. At the time of the recording of the Record Plans, said conveyance shall be made free and clear of all mortgages, liens or other encumbrances such that title is marketable and insurable by a reputable title insurance company at ordinary rates. The Deed of Dedication shall be recorded at such time as the Township accepts dedication of the public improvements in this subdivision unless the Township, in its sole discretion, elects to record the Deeds of Dedication at an earlier time.
6. The Owner / Developer shall install a depressed curb along the subdivision roadway allowing access to Parcel A. Additionally, the Owner / Developer shall install split rail fence with chicken wire be placed along the top of the retaining wall located along the uphill portion of the detention basin.
7. In compliance with the requirements of Section 701.d.6(b) of the SALDO , the Bucks County Department of Health issued a letter on December 6, 2005, certifying that each of the proposed lots has soils and site conditions which are generally suitable for on-lot sewage disposal systems pursuant to 25 PA Code Section 71.55. Furthermore, the Bucks County Department of Health, in its December 6, 2005 letter, has approved the planning modules for this subdivision.
8. Prior to the recording of the Record Plans, Owner / Developer shall pay to the Township the sum of fifteen thousand ($15,000.00) dollars in recognition of the TownshipÕs performance of the obligations to maintain and repair the basin and other stormwater drainage facilities located on within the subdivision.
9. Prior to the recording of the Record Plans, Owner / Developer shall execute a Deed of Conveyance, in a form prepared by the Township Solicitor, conveying the parcel designated as ÒParcel BÓ on the Plans to the owner of Tax Map Parcel No. 23-5-50-1 (William S. Jefferson) so as to provide access from the parcel to the subdivision roadway. At the time of the recording of the Record Plans, said conveyance shall be made free and clear of all mortgages, liens or other encumbrances such that title is marketable and insurable by a reputable title insurance company at ordinary rates. The Deed shall be recorded prior to or simultaneously with the recording of the Record Plans.
10. Prior to the recording of the Record Plans, owner of Tax Map Parcel No. 23-5-50-1 (William S. Jefferson) shall execute a Deed of Consolidation in a form prepared by the Township Solicitor consolidating Tax Map Parcel No. 23-5-50-1 and ÒParcel BÓ into a single parcel. The Deed shall be recorded prior to or simultaneously with the recording of the Record Plans.
11. Owner / Developer shall remove and pay for the removal of the existing driveway for Tax Map Parcel No. 23-5-50-1 which accesses Allentown Road. Owner / Developer shall also construct and pay for the new driveway for the parcel which will provide access from the parcel to the subdivision roadway.
12. Prior to the recording of the Record Plans, the owner of Tax Map Parcel No. 23-5-17 (Dean A. Carr) shall execute a Deed of Dedication, in a form prepared by the Township Solicitor, dedicating to Milford Township the area within the ultimate right-of-way of Allentown Road along the frontage of the parcel. Said conveyance shall be made free and clear of all liens such that title is marketable and insurable by a reputable title insurance company at ordinary rates. The Deed shall be recorded prior to or simultaneously with the recording of the Record Plans.
13. Prior to the recording of the record Plans, Owner / Developer shall execute a Declaration of Covenants, Conditions, Easements and Restrictions, in a form prepared by the Township Solicitor, providing for such terms and conditions as are deemed appropriate by the Board of Supervisors including the following provisions:
a. imposing upon the Owner / Developer the obligation to maintain, as necessary, the clear sight triangle as shown on the Plan prohibiting any structure, fence, planting or other obstruction between a horizontal plane 2 feet above road level and a horizontal plane 7 feet above road level so as not to interfere with traffic visibility across the clear sight triangle and granting clear sight triangle easements on lot 1, 7 and 9 to Milford Township to insure traffic visibility across the clear sight triangle.
The Declaration shall also provide that the Township shall have a municipal lien on any lot in the event costs are incurred by the Township for the performance of the obligations as provided in the Declaration of the owners of lots and the same remains unpaid after notice to the lot owner to pay same. The Declaration shall be recorded simultaneously with the recording of the Record Plan.
14. Prior to the Recording of the Record Plans, the following must be provided to the Township:
a. satisfactory evidence that all monuments shown on the Plans are consistent with Township policy and that all monuments have been installed or adequate financial security has been posted to assure their installation. Monuments delineating all easements shall be made of concrete;
b. satisfactory evidence to the Township from the Bucks County Conservation District (the ÒBCCDÓ) approving the Plans for all areas within its jurisdiction, including without limitation the proposed temporary erosion and sedimentation control measures to be used during construction. The Plans shall be revised to include any requirements of the BCCD to the satisfaction of the Board of Supervisors and the Township Engineer;
c. satisfactory evidence to the Township demonstrating that the Pennsylvania Department of Environmental Protection has issued an NPDES permit, if required, for the stormwater drainage facilities proposed for this subdivision and during construction activities;
d. satisfactory evidence that the Pennsylvania Department of Environmental Protection has approved the planning modules for this subdivision as an exception to the requirement to revise the TownshipÕs official Act 537 Plan in accordance with the requirements of 25 PA Code Section 71.55; and
e. satisfactory evidence that PennDot Highway Occupancy Permit for the road improvements proposed for Allentown Road have been granted.
15. Prior to the recording of the Record Plans, Owner / Developer will enter into a Land Development and Financial Security Agreement with the Township, prepared by the Township Solicitor and deposit adequate financial security in the form of an Irrevocable Letter of Credit approved by the Township Solicitor from a bank or other financial institution for the construction of all those improvements to be located within Milford Township and having a public impact, including stormwater drainage improvements, sedimentation and erosion control measures, grading, monuments, roadway improvements and any other improvements required by the subdivision. The Letter of Credit shall include an Evergreen Clause to prevent expiration of the Letter of Credit. The Township shall not release financial security until both the dedicated and non-dedicated improvements are completed. The Agreement shall include provisions that should a temporary certificate of occupancy be requested by the Developer, an additional escrow of two thousand ($2,000.00) dollars shall be deposited with the Township along with a disclosure statement signed by the person for whom the occupancy permit is sought indicating all work yet to be completed on the lot which the occupancy permit is sought, the status of the subdivision and likely situations which may be encountered by occupying a home in a subdivision where the improvements are not complete.
16. Prior to the earlier of the following, twelve (12) months of the date financial security was posted as provided herein or the issuance of the first occupancy permit:
a. all internal streets shall be constructed, including the paving of the base course and installation of curbs;
b. all stormwater drainages facilities shall be completed to the extent required by the Township Engineer and adequate to handle the stormwater drainage needs of the subdivision while under construction;
g. all utilities required to be installed on public rights-of-way shall be installed;
h. all frontage improvements along existing streets shall be completed; and
i. a passable vehicular access shall be completed for the Property
17. Prior to the issuance of the occupancy permit for a lot shown on the Plans to have a sidewalk, the sidewalk for that lot shall be installed.
18. Prior to the issuance of a building permit for each of the lots and in lieu of providing recreational improvements in the subdivision, Owner / Developer shall contribute to the Township the sum of $1,850.00 per building lot. The total amount of the contribution shall be $16,650.00.
19. Prior to the issuance of a building permit for each of the lots and in lieu of performing a traffic impact study for the subdivision, Owner / Developer shall contribute the sum of $1,500.00 per building lot, which sum shall be deposited into the TownshipÕs Highway Capital Improvement Fund and will be used for capital improvements on roads in the Township. The total amount of the contribution shall be $13,500.00.
20. In exchange for the Owner / Developer performing frontage improvements acceptable to the Township Engineer and PennDOT, including concrete cross pipes under Allentown Road, no sidewalk fee in lieu of is required.
21. Prior to the issuance of an occupancy permit, all landscape grading and plantings shall be installed and all street trees shall be planted which relate to the lot for which the occupancy permit is requested. Owner / Developer shall maintain landscape plantings and street trees until such time as the improvements in the subdivision are accepted for dedication. If, for reasons deemed acceptable by the Code official upon the advice of the Township Engineer, the landscaping and/or street trees cannot be installed due, for example, to weather conditions, a temporary occupancy permit may be issued containing a date certain by which any incomplete items must be met. The Owner / Developer shall provide the Township with a disclosure statement as provided in the Land Development and Financial Security Agreement signed by the person for whom the occupancy permit is sought specifically acknowledging that the location and type of landscaping and street trees has been explained to that person and that same will be completed by the date mandated by the Code official in the occupancy permit.
22. All utilities extended to the Property and the lots in the subdivision whether within a public right-of-way or across the Property shall be extended underground.
23. Prior to the recording of the Record Plans, you will pay all costs incurred by the Township in the review of this application including engineering, legal and administrative costs.
24. After the Township Engineer has approved the Plans for recording and prior to the presentation of the Plans to the Board of Supervisors or Planning Commissions for their signatures, the Plans shall be presented to the Township Solicitor for review for the proper recording form.
25. At the time the Plans are submitted for recording, seven (7) paper copies, one of which is a full set, all duly executed IN BLACK INK by the proper persons or entities, shall be supplied to the Township. The Record Plans shall show street names and numbers as designated by the Township. In addition, you will provide the Township in digital format all of the information contained on the Record Plans including street names and numbers. Please assure that the OwnerÕs block and Notary Acknowledgement show the correct owner(s) of record and that the Notary Public signs and seals (both stamp and embossed) all paper copies of the Plans.
Failure to appeal the conditions imposed by the Board of Supervisors within thirty (30) days of the date of this letter shall constitute acceptance of the conditions. Non-acceptance and/or non-compliance with the conditions elicited above voids the Plan approval and the waivers granted by the Board of Supervisors and the Plan is denied due to the deficiencies noted in the Township EngineerÕs review of March 22, 2010.
Motion was seconded by Robert B. Mansfield and passed. Robert B. Mansfield, aye; Timothy Damiani, aye; Charles Strunk, aye.
Fowler Aviation, LLC, Proposed CafŽ at airport
Robert Fowler of Fowler Aviation at the Quakertown Airport requested approval to open a small cafŽ in an existing building (previously approved for mixed use) at the airport to be run by his wife, Kathy. John Mininger, Chairman, Bucks County Airport Authority, indicated his approval of the project. The Board of Superviors (BOS) noted that the airport had hooked up to public water and followed with BOS consensus that a permit for the cafŽ could be issued.
Staletti Final Plan & Planning Module, TMP 23-010-191, 2000 Krammes Road, Representative Thomas Stalletti
Charles Strunk made a motion to APPROVE Resolution 2010-16 subject to the conditions set forth below, Minor Subdivision Plan for certain premises located on Krammes Road in the Township identified as Bucks County Tax Map Parcel No. 23-10-191, consisting of approximately 10.191 acres (the ÒPropertyÓ). The legal owner of the Property is Thomas Stalletti and Rosaria Stalletti (the ÒOwnersÓ). The Plans of Minor Subdivision for the Property, prepared by Site Works Consultants, Inc., consisting of two (2) sheets, dated February 23, 2009 and last revised March 1, 2010, proposed the creation of two (2) building lots (the ÒPlansÓ). The Plans were approved subject to the following conditions to which Thomas Stalletti agreed.
1. Prior to the recording of the Record Plans, you will address all outstanding engineering issues identified in the May 1, 2009, letter of Andersen Engineering Associates, Inc., Township Engineer, to the satisfaction of the Board of Supervisors.
2. Subject to the conditions set forth in the Approval, the Board of Supervisors approved your request for waivers from the following provisions of the Milford Township Subdivision and Land Development Ordinance (the ÒSALDOÓ):
a. Section 505(b)(1)(2), 512(f)(5),516(b), 519 and 520, requiring roadway improvements, curbs and sidewalks along Krammes Road;
b. Section 701(e)(2) requiring the location, names and widths of streets; the location of property lines and names of owners; the location of water courses, sanitary sewers, storm drains, and similar features within four hundred (400) feet of any part of the land to be subdivided or developed; and
c. Section 520(a) requiring street trees.
3. In furtherance of the requirements of Section 530 of the Zoning Ordinance, you will convey to Milford Township .524 acres of land to be merged with other open space lands of Milford Township.
4. In lieu of performing full frontage improvements, you will clear and level the area within the ultimate right-of-way along the frontage of the Property and establish a swale along the frontage to the reasonable satisfaction of the Township Engineer and the Township Road Master.
5. Prior to the recording of the Record Plans, you will provide satisfactory documentation to the Township that both of the lots in this proposed subdivision meet the requirements for on-lot sewage disposal systems pursuant to 25 PA Code ¤71.55.
6. Prior to the recording of the Record Plans, the Owners shall execute a Deed of Dedication to Milford Township in a form prepared by the Township Solicitor for the ultimate right-of-way of Krammes Road along the frontage of the Property. Said conveyance shall be made free and clear of all liens such that title is marketable and insurable by a reputable title insurance company at ordinary rates. The Deed shall be recorded prior to or simultaneously with the recording of the Record Plans.
7. Prior to the recording of the Record Plans, Owners shall execute a Declaration of Covenants, Conditions, Easements and Restrictions, in a form prepared by the Township Solicitor, establishing an easement across the Proposed New Lot to provide access to the Remaining Lands. The Declaration shall provide for the proper maintenance of the area within the easement and shall further provide that it shall be the sole means of vehicular access to both the Proposed New Lot and the Remaining Lands. A note shall be added to the Plans stating substantially as follows: ÒThe sole means of vehicular access to both the Proposed New Lot and the Remaining Lands shall be limited to the 25 foot wide access easement shown on the Plans.
8. Prior to the recording of the Record Plans, a note shall be added to the Plan stating substantially as follows: ÒPrior to the issuance of a building permit for the Proposed New Lot, the Owners must provide adequate evidence that the Bucks County Conservation District has approved a Sedimentation and Erosion Control Plan for any proposed construction on that lotÓ.
9. In order to satisfy the waiver request concerning submitting a Plan that depicts natural and manmade features within 400 feet of the Property, you will provide a legible aerial photograph which identifies those features to the satisfaction of the Township Engineer.
10. Prior to the issuance of a building permit, a survey plan showing contours at intervals of 2 feet shall be provided to the Township with respect to any area where construction is proposed on the proposed Building Envelope. A note shall be added to the Plan stating substantially as follows: ÒPrior to the issuance of a building permit, a survey plan showing the contours on the Remaining Lands at 2 foot intervals must be providedÓ.
11. Prior to the recording of the Record Plans, the note stating that the area within the ultimate right-of-way had been previously offered for dedication shall be removed.
12. Prior to the recording of the Record Plans, Developer shall construct all improvements to be located within the ultimate right-of-way of the Property or on the Property which have a public impact, including, to the extent applicable, stormwater drainage improvements, monuments, roadway improvements and any other improvements required by this subdivision approval. Alternatively, you must deposit adequate financial security in the form of a cash escrow or an Irrevocable Letter of Credit approved by the Township Solicitor from a bank or other approved financial institution guarantying the construction of those improvements. The Letter of Credit shall include an Evergreen Clause to prevent expiration of the Letter of Credit. The Township shall not release financial security until both the dedicated and non-dedicated improvements are completed.
13. In lieu of providing recreational improvements in the subdivision, Owners shall contribute to the Township the sum of one thousand, five hundred ($1,500) dollars per new building lot, which sum shall be contributed before the issuance of the building permit for the new building lot.
14. In lieu of performing a Transportation Impact Study you will contribute to the Township the sum of one thousand, eight hundred and fifty ($1,850) dollars per new building lot, which sum shall be contributed before the issuance of the building permit for the new building lot.
15. Prior to the recording of the Record Plans, Developer shall provide the Township with the following:
a. Satisfactory evidence that the Pennsylvania Department of Environmental Protection has approved the planning modules for this subdivision as an exception to the requirement to revise the TownshipÕs official Act 537 Plan in accordance with the requirements of 25 PA Code Section 71.55; and
b. Satisfactory evidence that concrete monuments were installed or adequate financial security to assure their installation shall be deposited with the Township and an escrow agreement executed to assure their installation by a date certain.
16. Prior to the recording of the Record Plans, you will pay all costs incurred by the Township in the review of this application including engineering, legal and administrative costs.
17. At the time the Plans are submitted for recording, seven (7) paper copies, all duly executed IN BLACK INK by the proper persons or entities, shall be supplied to the Township. The Record Plans shall show street names and numbers as designated by the Township. In addition, you will provide the Township in digital format all of the information contained on the Record Plans including street names and numbers. Please assure that the OwnerÕs block and Notary Acknowledgement show the correct owner(s) of record and that the Notary Public signs and seals (both stamp and embossed) all paper copies of the Plans.
Thomas Stalletti agreed to accept the conditions set forth above. Non-acceptance of the conditions by appealing the decision of the Board of Supervisors or non-compliance with the conditions stated above voids the Plan approval and the waivers granted by the Board of Supervisors thereby causing the Plans to be in non-compliance with the recited Zoning and Subdivision and Land Development provisions. In that event, the approval of the subdivision and the waiver requested are rescinded by the Board of Supervisors and the Plan is denied due to the deficiencies noted in the Township EngineerÕs review of May 1, 2009.
Motion was seconded by Robert B. Mansfield and passed. Robert B. Mansfield, aye; Timothy Damiani, aye; Charles Strunk, aye
Stalletti Planning Module, Resolution 2010-17
Charles Strunk made a motion to sign the Stalletti Planning Module for the Stalletti 2-lot subdivision of TMP 23-010-191 at 2000 Krammes Road. No waiver was requested for a residual parcel and no marginal soils were present. Planning Module was signed by Bucks County Department of Health. Motion was seconded by Robert B. Mansfield and passed. Robert B. Mansfield, aye; Timothy Damiani, aye; Charles Strunk, aye
Escrow Release(s): None presented for consideration.
Further Public Comment:
Resolution 2010-18 – Real Estate Tax Certification Fee Schedule
Robert B. Mansfield made a motion to approve Resolution 2010-18 increasing the fee to be collected by the Milford Township Elected Tax Collector for Real Estate Tax Certifications by $5.00 per tax parcel for each certification category, i.e. 1-year, 2-year, etc. This Resolution RESCINDS Resolution 2003-11. Motion was seconded by Timothy Damiani and passed. Robert B. Mansfield, aye; Timothy Damiani, aye; Charles Strunk, aye. See Addendum #3.
Adjournment: Robert B. Mansfield adjourned the April 6, 2010 Meeting at 8:39 p.m.
Minutes of April 20, 2010 Regular Meeting
Meeting was called to Order by Vice-Chairman at 7:01 p.m. at the Milford Township Municipal Building and opened with the Pledge of Allegiance to the U.S. Flag.
Supervisors Present: Charles Strunk, Vice-Chairman; Timothy Damiani, Supervisor. Excused: Robert B. Mansfield, Chairman.
Attendance: Janya Awckland, Assistant Secretary-Treasurer; Patricia Roeder, Secretary-Treasurer; Jeffrey A. Vey, Township Manager; Audience: 13
Approval of Minutes of Previous Meeting: Timothy Damiani made a motion to approve the Minutes of the April 6, 2010 Regular Meeting. Motion was seconded by Charles Strunk and passed. Robert B. Mansfield, absent; Timothy Damiani, aye; Charles Strunk, aye.
Approval of Invoices for Payment and TreasurerÕs Report: Having reviewed the invoices and the March 31, 2010 TreasurerÕs Report, Charles Strunk made a motion to approve the invoices for payment per 2-page list dated April 20, 2010 and the March 31, 2010 TreasurerÕs Report. Motion was seconded by Timothy Damiani and passed. Robert B. Mansfield, absent; Timothy Damiani, aye; Charles Strunk, aye. See Addendum #1 & #2.
Approval of Resolution to Change Signature on Township Bank Accounts: Charles Strunk made a motion to approve Resolution 2010-20 removing Janya Awckland, Assistant Secretary-Treasurer of Milford Township, who is retiring on May 28, 2010, as a signatory on all township bank accounts and Certificates of Deposits and to appoint Patricia A. Roeder to replace her as a signatory on all township bank accounts and Certificates of Deposits effective May 1, 2010. Motion was seconded by Timothy Damiani and passed. Robert B. Mansfield, absent; Timothy Damiani, aye; Charles Strunk, aye. See Addendum #3.
Announcements:
¥ Quakertown Area Planning Commission March Minutes:
The March minutes contained a discussion on the PA Highlands Trail project and a draft resolution clarifying QAPC membership was discussed at the April 7th meeting.
¥ Continuation of Milford Village Conditional Use hearing May 4th at 7 p.m.
¥ Milford Township Planning Commission Regular Meeting April 28th at 7:30 p.m.
¥ Board of Supervisors Work Session April 27th at 5:30 p.m.
Spring Road Inspection will take place on the same day immediately following the Work session.
Reports:
¥ Township Manager
Donation of materials to Historical Society: Timothy Damiani made a motion to donate the following items to the Milford Township Historical and Preservation Society: 1) Two bicentennial banners from the ÒWe The People CelebrationÓ held on September 17, 1987, the bicentennial celebration of the United State Constitution, 2) Newspaper articles referencing the Township from 1970 thru November 1991, and 3) Mug sold by Milford Township Ambulance Corps as a fund raiser and a sign from the Milford Township Ambulance Corps. Motion was seconded by Timothy Damiani and passed. Robert B. Mansfield, absent; Timothy Damiani, aye; Charles Strunk, aye.
PennDOT Bridge Inspections: An inspection of the Licking Creek Bridge on Weiss Road prepared by McCormick Taylor, Inc. resulted in a satisfactory rating and the following maintenance recommendations were included in the report: 1) replace the lateral clearance signs with current standard and move to the ends of the bridge, 2) patch and raise the near and far approach roadway transitions, and 3) remove the vegetation/debris at the near abutment.
Donations to Quakertown Community Day & Milford Township Fire Company Carnival: Charles Strunk made a motion to contribute $2,000 to Quakertown Community Day and $4,000 to the Milford Township Fire Company carnival, the same donation as was made in 2009. Motion was seconded by Timothy Damiani and passed. Robert B. Mansfield, absent; Timothy Damiani, aye; Charles Strunk, aye.
¥ Park Board Reports
¥ April 24th is the scheduled day for the Park Clean-up. Volunteers are to meet in Molasses Creek Park at 9 a.m.
¥ Board continues to inquire if there is interest in an over-40 basketball program. In addition, the possibility exists of a ÒHooked on HockeyÓ program in Unami Creek Park.
¥ In Molasses Creek Park, two new accesses, a stairs and a handicap ramp from the parking lot to the bathrooms and pavilion, will be constructed by the Public Works Dept.
¥ In Molasses Creek Park, a ÒBark in the ParkÓ cancer fundraiser will be held on May 15th .
¥ Chris Tray, 2345 Willow Stream Drive, mentioned the Park Board Report omitted discussion on the riparian area. Jeffrey A. Vey described relocation of the disc golf hole from the bend of the Unami. Chris Tray asked if there should not be a Bog Turtle study. Charles Strunk stated that he would take a look at it. Janya Awckland said, ÒCharles Strunk is certified in the State of Pennsylvania to do Bog Turtle studies.Ó Charles Strunk said, ÒI will assess the area to see if it needs a Phase II study. There is no disturbance or construction which requires you to do a Phase II study.Ó
Jeffrey A. Vey wants the authority to continue to make the changes to the disc golf course. The road crew wants direction on what to do. Consensus of the Supervisors to do the disc golf hole revisions as previously instructed. After the changes are made, a Board representative will go out and check the work.
Land Development – guidance only:
¥ Geryville Publik House – Approval procedure
Jeffrey A. Vey, Township Manager, read a letter concerning The Geryville Public House from Mark and Angelica Jamison, who were unable to attend the meeting as planned. He then gave a permitting history of the property. Consensus of the Board of Supervisors that no conditional use hearing was needed; just the normal permits, use and occupancy, and fire inspection.
¥ 1520 Fels - Joeseph Valentine revision to final Plan
Representative Joeseph Valentine
Joe Valentine hasnÕt recorded his final subdivision plan and asked the Supervisors for guidance regarding the .637 acres that a neighbor was going to purchase and combine with their existing property and now no longer want to purchase. He was asked to revise his final plan and come back to the Board at the May 4th meeting for a revised final plan approval.
Escrow Release(s): None presented for consideration.
Public Comments:
Sergeant Vincent K. DÕAngelo, Station Commander with the Pennsylvania State Police from Troop M Dublin, introduced himself and inquired if any audience members had any questions, comments or concerns to discuss with him.
Nancy Gill, 1950 Allentown Road, asked to have speed checks on Allentown Road near her home.
Sergeant DÕAngelo alerted the audience that burglaries increase in the springtime when homeownerÕs leave their windows, etc. open when they are not at home.
Robert Flack, 2265 Mill Hill Road, thanked Sergeant DÕAngelo for the speed enforcement on Mill Hill Road.
Steve Young, 2610 Willow Stream Drive, thanked Sergeant DÕAngelo for being very responsive in the past as it relates to speeding on Willow Stream Drive and that it is a continuing problem. He requested that they have speed traps in the future and that most speeders are residents. Chris Tray reported that he too lives on Willow Stream Drive and his observation is that speeding occurs mostly in the morning between 7 and 8:30 a.m.
Keith Little, 2600 Willow Stream Drive, reported that it appeared his neighbor was continuing to build a 2-story high structure on a concrete base near his lot line that he had questioned as being legal at the April 6th Board Supervisors meeting. Mr. Little wanted to clarify that the structure was not a tree house.
The Supervisors believed that Jim Young, Code Enforcement Officer, is following up on the matter.
Chris Tray stated the sledding hill is bare again. He inquired as to how much more money would be spent on the disc golf course to make it work. No figures were available.
Nancy Gill stated that she is not anti disc golf, just anti where the course was placed.
Morton Parsons, 1065 Baus Road, expressed his disagreement with a neighborÕs complaint about noxious odors being emitted from his outside wood burning stove.
Supervisor Damiani said he personally visited the site and there is a noxious odor and that Mr. Parsons needed to adjust what he was burning in the stove. Supervisor Damiani stated that if good dry wood was being burned, there wouldnÕt be a problem. Supervisor Strunk said he also visited the site and while he did not see any smoke, there was a noxious odor.
Mr. Parsons insisted he only burns wood and covers it to keep it dry, and that he does not burn oil, no fan belts, nothing like that. He invited people to come and put wood in the stove.
Harry Rawluk, Geryville West, the complainant, presented a DVD to the Board.
Adjournment: Charles Strunk adjourned the April 20, 2010 Meeting at 7:55 p.m.
Work Session Meeting Minutes of April 27, 2010
The meeting was called to order at the Municipal Building by the Chairman at 5:32 p.m.
Supervisors Present: Robert B. Mansfield, Chairman; Charles Strunk, Vice-Chairman; Timothy Damiani, Supervisor.
Attendance: Janya Awckland, Assistant Secretary-Treasurer; Patricia Roeder, Secretary-Treasurer; Jeffrey A. Vey, Township Manager; David Winkler, Public Works Director-Roadmaster: Audience: 11
Outdoor Wood Burning Furnaces:
The discussion began with Harry Rawluk, Geryville West, addressing the subject of sickening odors and smoke emanating from the wood-burning furnace of a neighbor that he has complained about at previous meetings.
With this being the only complaint like this filed with the Township, this is not yet considered a major township problem. However, with the anticipation that the use of these furnaces will increase, Robert B. Mansfield along with a consensus of the other Board members, would want an ordinance to set the minimum size of a lot in order to accommodate a furnace; establish the set back distance between a burner and the property lines and between a burner and any occupied buildings, etc.
In the meantime, the Board agreed to move forward with Township legal counsel initiating a letter to an owner of an outdoor wood-burning furnace emitting noxious fumes as a ÒnuisanceÓ.
Adjournment: Chairman Robert B. Mansfield adjourned the April 27, 2010 Work Session at 5:50 p.m.
Road Inspection: Immediately following the Work Session, the Supervisors Robert B. Mansfield, Charles Strunk and Timothy Damiani, Township Manager Jeffrey A. Vey, and Public Works Director-Roadmaster David Winkler conducted their semi-annual (Spring) road inspection.
Minutes of May 4, 2010 Regular Meeting
Meeting was called to Order by Chairman at 7:00 p.m. at the Milford Township Municipal Building and opened with the Pledge of Allegiance to the U.S. Flag.
Supervisors Present: Robert B. Mansfield, Chairman; Charles Strunk, Vice-Chairman; Timothy Damiani, Supervisor.
Attendance: Peter Andersen, Andersen Engineering, Twp. Engineer; Janya Awckland, Assistant Secretary-Treasurer; Terry Clemons, Clemons Richter & Reiss, Township Solicitor; Gregory Hobson, Zoning Hearing Board; Patricia Roeder, Secretary-Treasurer; Jeffrey A. Vey, Township Manager; David Winkler, Public Works Director. Audience: 27
Approval of Minutes of Previous Meetings:
Timothy Damiani made a motion to approve the Minutes of the April 20, 2010 Regular Meeting. Motion was seconded by Charles Strunk and passed. Robert B. Mansfield, abstain; Timothy Damiani, aye; Charles Strunk, aye.
Robert B. Mansfield made a motion to approve the Minutes of the Work Session held on April 27, 2010. Motion was seconded by Timothy Damiani and passed. Robert B. Mansfield, aye; Timothy Damiani, aye; Charles Strunk, aye.
Approval of Invoices for Payment: Having reviewed the invoices, Charles Strunk made a motion to approve the invoices for payment per 2 (two) page list dated May 4, 2010. Motion was seconded by Robert B. Mansfield and passed. Robert B. Mansfield, aye; Timothy Damiani, aye; Charles Strunk, aye. See Addendum #1.
Announcements: None
Correspondence:
d. PennDOT National Bridge Inspections (Mill Pond Road Bridge)
This will be forwarded to Bucks County as the County is responsible for the Mill Pond Road Bridge as well as the bridge over Milford Square Pike just west of Hillcrest Road and the Nursery Road Bridge.
e. Bucks County Airport Authority March 10, 2010 Meeting Minutes-available to Public
Reports:
d. Code Enforcement Officer - Report of April Activities – 7 Residential Accessory, 4 Residential Renovations, 8 Residential Additions, 11 Use & Occupancy permits. See Addendum # 2.
e. Public Works Director – David Winkler - Report on April Work
During April, the Public Works Department finished the topsoil work on Fels Road and the project is now completed.
We worked with Asphalt Maintenance Systems for 5 days skin patching on various roads and used a total of 3,275 gallons of E-3m.
We were out clearing brush around road signs and finished the wood guiderail along Krammes Road
The Road Crew installed a paved path from the parking lot to the pavilion at Molasses Creek Park. We will move the two disc golf holes as soon as the ground dries out.
Would the Board of Supervisors authorize the sale of Unit 5 1995 International Dump Truck with accessory equipment to Springfield Township for $15,000.
And authorize bidding the purchase of a new pick up truck?Ó
Robert B. Mansfield: ÔDonÕt you want to use the State Bid?Ó
David Winkler: ÒI feel we may get a better deal by going out to bid.Ó
Terry Clemons: ÒI have no authority to bind Springfield Township, but the manager did call me to let it be know that they are interested in purchasing the truck and will ask the Springfield Board of Supervisors to approve it at their meeting next Tuesday.Ó Mr. Clemons is the Springfield Township Solicitor.
Motion to Sell Unit #5 1995 International Truck and Advertise for Bids for Pick Up Truck
Robert B. Mansfield made a motion to sell Unit #5 the 1995 International Dump Truck with 10 ft. Swenson V Box Spreader to Springfield Township for $15,000 and authorize the Public Works Director to advertise for bids for a pick up truck which is in the 2010 Capital Fund Budget. Motion was seconded by Timothy Damiani. Motion passed. Robert B. Mansfield, aye; Timothy Damiani, aye; Charles Strunk, aye.
Township ManagerÕs Report
Resolution to clarify Quakertown Area Planning Committee (QAPC) voting
Jeffrey A. Vey went over Resolution sent by QAPC and on April 28th, at their meeting the Milford Township Planning Commission recommended the Supervisors approve the resolution. This is an update of the original Resolution approved in 1973. The QAPC expenses are divided by percentages based on population, land area, and taxable assessment and allocated to Haycock, Milford, Richland Townships, Richlandtown, Trumbauersville, Quakertown, and the Quakertown Community School District.
Resolution 2010-21 Update QAPC Resolution defining members, voting rights, and allocation of expenses
Robert B. Mansfield made a motion to approve Resolution 2010-21 updating and replacing the 1973 Resolution defining participation in the QAPC (Quakertown Area Planning Committee). Motion was seconded by Charles Strunk. Motion passed. Robert B. Mansfield, aye; Timothy Damiani, aye; Charles Strunk, aye. See Addendum # 2.
Authorization purchase of excavator through Federal Surplus
Jeffrey A. Vey described the Halo Case Excavator that the Township can buy through the Federal Surplus Program. It is valued at $170,000, is certified in workable condition and will be shipped to Milford Township from Korea. Surplus purchase price is $22,500.
Robert B. Mansfield made a motion to authorize the purchase of the Halo Case Excavator through the Federal Surplus Program for $22,500 delivered. Motion was seconded by Charles Strunk. Motion passed. Robert B. Mansfield, aye; Timothy Damiani, aye; Charles Strunk, aye.
7:07 PM. 1520 Fennel Road Subdivision Final Plan
Representative: Joseph Valentine, owner
Joseph Valentine: ÒThe AlphaÕs no longer want to purchase the acreage from the subdivision to enlarge their lot. Can we change the configuration of the subdivision to include that acreage with Lot # 3?Ó
Charles Strunk: ÒDo you have to move monuments?Ó
Joseph Valentine: ÒThe monuments are all set; we have one to remove.Ó
Peter Andersen: ÒWhat happened to the grading?Ó
Joseph Valentine: ÒWe took care of it.Ó
Terry Clemons went over the conditions of Final Plan Approval that had to be deleted.
Condition added to put new street numbers on plan before recording.
Charles Strunk: ÒPete should look at the plan before we sign it.Ó
TMP#23-007-022
Charles Strunk made a motion to approve Resolution 2010-22 Revising the Final Subdivision approval of 1520 Fennel Road TMP23-007-022 (Resolution 2009-21 dated May 5,2009) restating the conditions of APPROVAL in recognition that no agreement has been reached with the abutting property owners concerning conveyance of a .487 acre portion of the property to them.
Specifically deleting the requirements of paragraphs 4, 5 and 7 as follows:
#4: Prior to the recording of the Record Plans, Owner/Developer shall execute a Deed of Conveyance, in a form prepared by the Township Solicitor conveying .487 acres from Tax Map Parcel No. 23-7-22 to James J. and Angie D. Alpha, owners of Tax Map Parcel No. 23-7-21. The Deed shall be recorded simultaneously with the recording of the Record Plans.
#5: Prior to the recording of the Record Plans, James J. and Angie D. Alpha, owners of Tax Map Parcel No. 23-7-21 shall execute a Deed of Consolidation, in a form prepared by the Township Solicitor consolidating the recently conveyed .487 acres of Tax Map Parcel No. 23-7-22 with Tax Map Parcel No. 23-7-21, creating a single parcel to be known as Tax Map Parcel No. 23-7-21. The Deed shall be recorded simultaneously with the recording of the Record Plans.
#7: Prior to the Recording of the Record Plans, Owner/Developer shall execute a Deed of Dedication, in a form prepared by the Township Solicitor, dedicating to Milford Township the areas along the Alpha property TMP23-007-21 Condition #9 has also been deleted in recognition that any improvements required as a condition of the subdivision have been constructed prior to the recording of the plans and, therefore, no Land Development and Financial Security Agreement is required. on Fels Road.
Condition #9 has also been deleted in recognition that any improvements required as a condition of the subdivision have been constructed prior to the recording of the plans and, therefore, no Land Development and Financial Security Agreement is required.
And Adding: The Record Plans shall show street names and numbers as designated by the Township.
All other provisions of the original Final Plan approval dated May 5, 2009 Resolution 2009-21 have not been altered.
Motion was seconded by Robert B. Mansfield. Motion passed. Robert B. Mansfield, aye; Timothy Damiani, aye; Charles Strunk, aye
Stoudt/Aikens Sketch Plan, TMP 23-2-99(a), 23-2-99(b), 23-2-100 & 23-2-102
Representative: John Vitillo, Tarson LLC
John Vitillo described the subdivision.
Charles Strunk: ÒHave you done a wetlands delineation?Ó
John Vitillo: ÒWe did not do a wetlands delineation before as the property was completely farmed.Ó
Robert B. Mansfield: ÒHave you considered road improvements?Ó
John Vitillo: ÒWe are locating the home for four year fills.Ó
David Winkler: ÒThere is a drainage swale on the property that should be cleaned out.Ó
John Vitillo: ÒWe know where. The swale straddles the property line and there are wetlands we donÕt want to touch.Ó
Robert B. Mansfield: ÒYou need alternate sewage sites as well.Ó
Jeffrey A. Vey: ÒThere are billboards that give setbacks for the houses, storm water concerns, and cross pipes needed.Ó
Timothy Damiani: ÒThe fill sites do not look big enough for a four bedroom home. Make the sites as big as possible. Take every caution you can.Ó
John Vitillo: ÒDel Val Soils did some preliminary work for us.Ó
Robert B. Mansfield; ÒWhen you move forward, drainage will be discussed.Ó
Resolution 2010-23 Stoudt/Aikens Sketch Plan, TMP 23-2-99(a), 23-2-99(b), 23-2-100 & 23-2-102
Robert B. Mansfield made a motion that upon reviewing the Mark Akins Sketch Plan for TMP#23-2-102,23-2-100, 23-2-99A, 23-2-99B, vacant parcels on Stoudt Road. Plans were prepared by Tarson LLC dated March 1, 2010 consisting of two sheets; sheet 1 showing the existing deed lines and sheet 2 showing the future lot lines and four year fill sites for a primary and alternate sewage bed:
The Board of Supervisors finds that the sketch plan is generally compatible with the Milford Township Subdivision and Land Development Ordinance and consistent with the Zoning Ordinance.
Motion was seconded by Charles Strunk. Motion passed. Robert B. Mansfield, aye; Timothy Damiani, aye; Charles Strunk, aye.
Bill Licopoli ÒHooked on HockeyÓ presentation and approval of use .
Bill Licopoli described their program and the Sunday afternoons they would need to use the Unami Creek Park the hockey skating facility.
Robert B. Mansfield: ÒThe Park Board is in favor of this program. An insurance certificate naming the Township as additionally insured should be provided. If the program is successful it could lead to parking problems.Ó
Bill Licopoli: ÒThere are sixty spots available. I donÕt anticipate more participation.Ó
Timothy Damiani: ÒThere are other uses in the park that need parking.
Charles Strunk: ÒThere is parking at the ice skating area on Mill Road.Ó
Robert B. Mansfield; ÒHow are you handling your own clean up?Ó
Bill Licopoli: ÒWe will clean up afterwards. We have been using the court and the damage has been minimal.Ó
Robert B. Mansfield made a motion to permit the ÒHooked on HockeyÓ Program in the Unami Creek Park May through July, 2010. An insurance certificate should be provided to the Township and additional details worked out with the Township Manager. Motion was seconded by Charles Strunk. Motion passed. Robert B. Mansfield, aye; Timothy Damiani, aye; Charles Strunk, aye.
7:27 PM Continuation Of Milford Village Conditional Use Hearing was called to order
9:30 PM Conditional Use Hearing was continued to Tuesday June 1, 2010 at 7 PM>
Public Comments:
Karen Washel, 2260 Brick Tavern Road requested a reduction in the speed limit on Brick Tavern Road from 45 mph to 35 mph.
Board went over how speed limits are set under state regulations by how fast 85% of the people can and would drive on a road.
Township Speed Limit Buggy will be rotated to Brick Tavern Road and the PA State Police called for enforcement.
Paul Nye, 2180 Mill Hill Road commented on traffic concerns on Route 663.
Keith Little,2600 Willow Stream Drive asked if his neighbor had gotten a permit for the shed. He noted the shed had been moved.
Code Enforcement Officer should be contracted to determine if a permit was issued.
Peggy Harr, 2305 Mill Hill Road noted there was heavy use of Mill Hill Road by tractor trailers even though the road is signed no trucks.
She was asked to provide information on the trucking companies to Township.
Adjournment: Robert B. Mansfield adjourned the May 4, 2010 Meeting at 9:55 p.m.
Minutes of May 19, 2010 Regular Meeting
Meeting was called to Order by Vice-Chairman at 7:00 p.m. at the Milford Township Municipal Building and opened with the Pledge of Allegiance to the U.S. Flag.
Supervisors Present: Charles Strunk, Vice-Chairman; Timothy Damiani, Supervisor. Excused: Robert B. Mansfield, Chairman.
Attendance: Janya Awckland, Assistant Secretary-Treasurer; Patricia Roeder, Secretary-Treasurer; Jeffrey A. Vey, Township Manager; Audience: 6
Approval of Minutes of Previous Meeting: Timothy Damiani made a motion to approve the Minutes of the May 4, 2010 Regular Meeting. Motion was seconded by Charles Strunk and passed. Robert B. Mansfield, absent; Timothy Damiani, aye; Charles Strunk, aye.
Approval of Invoices for Payment and TreasurerÕs Report: Having reviewed the invoices and the April 30, 2010 TreasurerÕs Report, Charles Strunk made a motion to approve the invoices for payment per 2-page list dated May 19, 2010 and the April 30 , 2010 TreasurerÕs Report. Motion was seconded by Timothy Damiani and passed. Robert B. Mansfield, absent; Timothy Damiani, aye; Charles Strunk, aye. See Addendum #1 & #2.
Acceptance of Management Discussion and Analysis GASB-34 for Fiscal Year 2009:
The ÒManagement Discussion and Analysis GASB-34 for Fiscal Year 2009Ó report was accepted by the Board of Supervisors. Jeffrey A. Vey, Township Manager, reported that this discussion and analysis would be included as part of the 2009 audited financial statements. See Addendum #3.
Announcements:
¥ Quakertown Area Planning Committee May meeting was canceled.
¥ MTPC regular meeting May 26th 7:30 p.m. is being canceled.
¥ Board of Supervisors Work Session May 25th at 5:30 p.m. (canceled).
¥ No Zoning Hearing for the month of June.
¥ Continuation of Milford Village Conditional Use hearing June 1st at 7 p.m.
Reports: Park Board – The Meeting Minutes of the May 12, 2010 Park Board were presented. As there was no quorum present at the May 12th meeting, there was an informal discussion of park activity.
Escrow Release(s):
Solt – Allentown & Rosedale Road
Charles Strunk made a motion to approve Resolution 2010-24, Solt Escrow Release for $5,000.00 leaving a balance of $0. Motion was seconded by Tim Damiani. Motion passed. Robert B. Mansfield, absent; Timothy Damiani, aye; Charles Strunk, aye.
Hampton Inn/Joshi Escrow Release #4
Charles Strunk made a motion to approve Resolution 2010-25, Hampton Inn/Joshi Escrow Release #4 for $10,000.00 leaving a balance of $28,761.00 in the letter of credit at 1st Savings Bank of Perkasie. Motion was seconded by Tim Damiani. Motion passed. Robert B. Mansfield, absent; Timothy Damiani, aye; Charles Strunk, aye.
Adjournment: Charles Strunk adjourned the May 19, 2010 Meeting at 7:05 p.m.
Minutes of June 1, 2010 Regular Meeting
Call to Order: Meeting was called to Order by Vice-Chairman at 7:00 p.m. at the Milford Township Municipal Building and opened with the Pledge of Allegiance to the U.S. Flag.
Supervisors Present: Charles Strunk, Vice-Chairman; Timothy Damiani, Supervisor. Absent: Robert B. Mansfield, Chairman.
Attendance: Terry Clemons, Clemons Richter & Reiss, Township Solicitor; Patricia Roeder, Secretary-Treasurer; Jeffrey A. Vey, Township Manager; David Winkler, Public Works Director.
Approval of Minutes of Previous Meeting: Timothy Damiani made a motion to approve the Minutes of the May 19, 2010 regular meeting. Motion was seconded by Charles Strunk and passed. Timothy Damiani, aye; Charles Strunk, aye. NOTE: May 25th Work Session was cancelled.
Approval of Invoices for Payment: Having reviewed the invoices, Charles Strunk made a motion to approve the invoices for payment per 2-page list dated June 1, 2010. Motion was seconded by Timothy Damiani and passed. Timothy Damiani, aye; Charles Strunk, aye. See Addendum #1 & #2.
Announcements: No Zoning Hearing is scheduled for the month of June
Correspondence:
- Audit of Financial Statement of year ending December 31, 2009 by Styer Associates – For review at Milford Township Municipal Building
- Bucks County Airport Authority April Minutes
Reports:
- Code Enforcement Office – See Addendum #3
- Public Works - See Addendum #4
- Township Manager –
o LifeQuest Nursing Center assessment appeal
¤ Solicitor Terry Clemons reviewed the court agreement. Timothy Damiani made a motion to approve the agreement. Motion was seconded by Charles Strunk and passed. Timothy Damiani, aye; Charles Strunk, aye.
o Harris request for buffer waiver.
¤ Mr. Scott Harris of 2590 Willow Stream Drive (TMP # 23-022-048) requested a waiver from buffer yard requirements that would otherwise prohibit the placement of an 8Õ x 10Õ shed in the rear of his property. It was noted that two similar requests were approved in the development. The Zoning Hearing Board approved the first request as a variance. Subsequently, ordinances were amended placing the buffer yard requirements in the Subdivision and Land Development Ordinance and the Board of Supervisors approved the second request as a waiver. It was noted that the buffer yard was used to satisfy open space requirements, but an excess of open space acreage was provided and this aspect must be considered if more waiver requests are received in the future. Timothy Damiani made a motion to approve the waiver allowing an 8Õ x 10Õ shed to be placed in the rear of the Harris property at 2590 Willow Stream Drive (TMP # 23-022-048) set back from rear and side property lines at least the height of the building with no permanent foundation, no plumbing or electric and no windows facing the rear or reduced side yard. Motion was seconded by Charles Strunk and passed. Timothy Damiani, aye; Charles Strunk, aye.
o Verizon Grant of Right-of-Way
¤ Vey reported that a Verizon pole needs to be relocated for the Fels Road project and part of the process requires a resolution of the Board to authorize the Manager to execute Right-of-Way documents. Timothy Damiani made a motion to approve Resolution # 2010-26 authorizing Jeffrey A. Vey to execute the Right-of-Way documents. Motion was seconded by Charles Strunk and passed. Timothy Damiani, aye; Charles Strunk, aye.
¤
Milford Village – Conditional Use:
The hearing was opened. Solicitor Clemons noted that the stenographer was not present and proposed that, with consent of all parties, the hearing be conducted as scheduled and that should any party take issue with the resulting findings, the difference of opinion would be open for resolution at the June 15th SupervisorsÕ meeting. All parties in attendance agreed.
Testimony was taken and the hearing was continued to June 15th. Solicitor Clemons announced that draft findings would be prepared for review at the June 15th meeting.
Public Comments: There were no public comments.
Adjournment: Charles Strunk adjourned the June 1, 2010 Meeting at 8:25 PM.
Milford Township Board of Supervisors
Minutes of June 15, 2010 Regular Meeting
Call to Order: Meeting was called to Order by Chairman at 7:00 p.m. at the Milford Township Municipal Building and opened with the Pledge of Allegiance to the U.S. Flag.
Supervisors Present: Robert B. Mansfield, Chairman; Charles Strunk, Vice-Chairman; Timothy Damiani, Supervisor.
Attendance: Peter Andersen, Andersen Engineering, Township Engineer; Terry Clemons, Clemons Richter & Reiss, Township Solicitor; Patricia Roeder, Secretary-Treasurer; Jeffrey A. Vey, Township Manager; Audience: 27
Approval of Minutes of Previous Meeting: Strunk made a motion to approve the Minutes of the June 1, 2010 Regular Meeting. Motion was seconded by Damiani and passed. Mansfield, abstain; Damiani, aye; Strunk, aye.
Approval of Invoices for Payment and TreasurerÕs Report: Having reviewed the invoices, Strunk made a motion to approve the invoices for payment per 2-page list dated June 15, 2010. Motion was seconded by Damiani and passed unanimously. Mansfield, aye; Damiani, aye; Strunk, aye. See Addendum #1. Having reviewed the May 31, 2010 TreasurerÕs Report, Strunk made a motion to approve the report. Motion was seconded by Mansfield and passed unanimously. Mansfield, aye; Damiani, aye; Strunk, aye. See Addendum #2.
Announcements
c. Milford Township Planning Comission meets June 30th at 7:30 p.m.
d. Board of Supervisors Work Session June 22nd at 5:30 p.m.
e. Park Board meets June 16th (a week late due to carnival).
f. Zoning Hearing Board meets July13th at 7:00 p.m.
Correspondence
a. Quakertown Area Planning Committee June 8, 2010 meeting packet
b. Magisterial District 07-2-05 Audit for years ended December 31, 2008 and 2007
Land Developments
1) Joshi/Hampton Inn – Lot line change – Rt. 663
Carl Weiner represented the Joshi family. A lot line change has already been approved on October 21, 2008 (resolution 2008-51) with conditions that were reviewed. Comments from the Andersen October 21, 2008 review have been satisfied. A note was added offering dedication to Milford Township of the private access drive extending from John Fries Highway (Route 663) to New Road. Deeds and declarations as specified in the approval, in a form prepared by the Township Solicitor, will be recorded simultaneously with the recording of the record plans. The storm basin is completed and $28,761 is being retained for maintenance security. $179,105.20 is being donated to the Highway Capital Improvement Fund. $5,000 is being added to administrative escrow to ensure payment of all costs. The solicitor will make certain all conditions are satisfied before recording plans.
2) Brookfield/Richmond American Homes – 106 dwellings on Pumping Station Road
Ed Murphy represented Richmond American Homes (RAH) who has an agreement of sale for the Brookfield subdivision that received preliminary approval in December 2004 with final approval in July 2005 and subsequent amendment in May 2006. RAH is asking for modification of conditions of approval.
RAH proposed that the $625,000.00 unrestricted contribution be payable in three stages. The first payment of $206,250.00 would be payable at the execution and funding of the Agreements. The second payment of $206,250.00 would be payable as a condition of the issuance of the 40th building permit or 18 months from the date of execution and funding of the Agreements, whichever shall first occur. The final payment of $206,250.00 would be payable as a condition of the issuance of the 80th building permit or the third anniversary of the execution and funding of the Agreements, whichever shall first occur. The supervisors agreed that this is acceptable so long as the payment is secured by financial security.
RAH proposed that the required extension of West Pumping Station Road would be completed not later than the issuance of the 53rd building permit for the project and or the second anniversary date of the execution and funding of Development and Financial Security Agreements (hereinafter collectively Òthe AgreementsÓ) for the project, whichever shall first occur. The supervisors found this not acceptable expressing concern that this would generate too much traffic for a single access road as was discussed when the condition was developed with Heritage Building Group.
RAH proposed to commence the construction of the off-site water main along Old Bethlehem Pike as a condition of the issuance of the 53rd building permit within the project and would continue the work with all due diligence thereafter to completion. The supervisors found this to be acceptable.
RAH proposed to modify the name of the West Pumping Road. It was indicated that this would require changing the roads name well beyond this subdivision and in an adjoining township. RAH withdrew the request.
RAH proposed to extend the time period for validity of that preliminary approval and the subsequently granted final plan approval for additional three years. The supervisors agreed to the extension.
Terry Wark of 2485 East. Swamp Road had two questions related to the Brookfield subdivision. He asked why there is a difference between the deed description on the subdivision plan and his deed. Mansfield directed the engineer and solicitor to resolve this concern. Mr. Wark asked which houses would be built first. He was directed to the plan and it was suggested that he could ask the builder of their intentions.
Milford Village Conditional Use Hearing
The Milford Village Conditional Use hearing began at 7:30 p.m. Exhibits were entered into the record to conclude applicantÕs testimony. There was discussion of potential impacts of the developments after which the hearing was concluded. The supervisors directed the solicitor to make final revisions to the draft findings and order for review and consideration at the June 22, 2010 work session at 5:30 p.m. where action may be taken.
Adjournment: Mansfield adjourned the June 15, 2010 Meeting at 8:35 p.m.
Milford Township Board of Supervisors
Minutes of June 22, 2010 Work Session
Call to Order: Meeting was called to Order by Chairman at 5:30 p.m. at the Milford Township Municipal Building.
Supervisors Present: Robert B. Mansfield, Chairman; Charles Strunk, Vice-Chairman; Timothy Damiani, Supervisor.
Attendance: Peter Andersen, Andersen Engineering, Township Engineer; Patricia Roeder, Secretary-Treasurer; Jeffrey A. Vey, Township Manager; Audience: 12
Milford Village – Conditional Use
The draft findings, conclusion of law, and order had been circulated to the parties. Mansfield noted that there is concern that PennDOT may not make improvements to The old Bethlehem/Portzer Rd intersection in time to accommodate development traffic, so item 7 D was inserted in the Order to indicate that improvements to Old Bethlehem Pk and Portzer Rd may be required for future approvals. He stated that he would also like added, Òwhere levels of service are projected to
be D or FÓ to #7d to reinforce that traffic impact will be addressed at each phase.
Discussion involved concerns about potential nuisance from construction, traffic impact and timing of improvements. It was noted that the conditional use approval is for the Unified Master Plan and each phase will require a specific conditional use approval and land development approval for that phase that will not only specify required public improvements, but also require financial security to be posted to ensure completion of the improvements. Monitoring of impacts must be done during construction.
The applicant asked that an editorial correction be made on page 7 and conclusion #4. Also requested was wording change to help avoid a requirement to post double the amount of financial security for road improvements if PennDOT requires financial security.
Resolution 2010-27 Milford Village – Conditional Use
Charles Strunk made a motion to approve approve the conditional use findings, conclusion of law and order with the following changes:
1. Page 7 - Phase II #5 – change Òsection 4Ó to Òsection 5Ó
2. Conclusion #4 - add reference to the Zoning Ordinance
3. Order # 7 d – add Òwhere levels of service are projected tobe D or FÓ
4. Throughout the document where financial security is required, change "posted with" to "accepted by" to allow resolution of the potential for double security to be posted when PennDOT requires it.
Robert B. Mansfield seconded the motion. Mansfield, aye; Strunk, aye; Damiani, nay.
Milford Trumbauersville Area Sewer Authority – Report by Joe Valentine
Delinquent accounts will result in the shut-off of service starting in September 2010. Liens on the property only apply pressure if the property is sold and the liens must be refreshed every five years. The delinquent accounts are chronic, some going back 10 years. Before discontinuing water service, there will be written notice, knock on their door and posting of the property during July and August. The amount due will be subject to penalty and interest.
The collection system has been walked to help determine causes for increased inflow and infiltration that has been experienced at the plant. Priority is being given to clearing easements especially where trees have grown close to lines.
The tertiary filter has been rebuilt and placed back into service. With the last 5 year NPDES permit for the plant, DEP imposed a copper limit on the effluent that is less than what is allowed in public drinking water. The MTASA appealed this and the result is that the authority must do a copper study monitoring levels and potentially identifying sources.
LifePath on Weiss Road has been put on notice regarding their failed on-lot sewage system and the need for them to follow through on connection to the public sewer.
Mallery – Placement of one PPL pole to service new house on KlineÕs Mill Road
Strunk questioned if servce could be provided from the Ritzen property. Damiani stated this is not feasible. Mansfield noted this has been previously discussed and found acceptable and authorized Vey to execute necessary easements.
Weiss Road – preliminary engineering
The survey of Weiss Road from Progress Drive to Wentz Road was reviewed. The initial design is for a 24 ft wide cartway that softens the corners, avoid utility poles and avoids mature trees. The road would be in the existing right-of-way, but will require construction easements. Mansfield requested preliminary cost estimates for budget making.
Public comments
Mansfield requested traffic counts on Portzer Road and Mill Hill Road to serve as a baseline in evaluating future impact of Milford Village.
Flack asked that weight limits be checked on Pumping Station Road and Portzer Rd especially in Richland Township.
Adjournment: Chairman Robert B. Mansfield adjourned the June 22, 2010 Work session at 6:28 p.m.
Minutes of July 6, 2010 Regular Meeting
Call to Order: Meeting was called to Order by Chairman at 7:00 p.m. at the Milford Township Municipal Building and opened with the Pledge of Allegiance to the U.S. Flag.
Supervisors Present: Robert B. Mansfield, Chairman; Charles Strunk, Vice-Chairman; Timothy Damiani, Supervisor.
Attendance: Susan Piette, Clemons Richter & Reiss, Township Solicitor; Patricia Roeder, Secretary-Treasurer; Jeffrey A. Vey, Township Manager; David Winkler, Public Works Director; Audience: 13
Approval of Minutes of Previous Meetings: Motion was made to approve the Minutes of the June 15, 2010 Regular Meeting and the June 22, 2010 Work Session of the Board of Supervisors. The motion passed and was approved unanimously.
Approval of Invoices for Payment: Having reviewed the invoices, Strunk made a motion to approve the invoices for payment per 2-page list dated July 6, 2010. Motion was seconded by Mansfield and passed unanimously.
Announcements:
a. Zoning Hearing Board meeting – July 13, 2010 at 7 p.m.
Correspondence:
a. Milford Township Water Authority Annual Drinking Water Quality Report–2009
b. Bucks County Airport Authority May Minutes
Reports:
á Code Enforcement Office - During June 2010, the following permits were issued: 2 single family dwellings; 14 additions and renovations; 11 accessory structure; 2 institutional; 14 use and occupancy; and 2 zoning hearing applications.
á Public Works – During June 2010, the Public Works Department performed base repairs on Mill Road through Unami Creek Park; did minor maintenance in the retention basin at Chestnut and Cypress Lane; spent two days clearing brush from stop signs and road signs; started the old Plains Road project of minor widening and base repairs; worked in the parks mulching around trees and flower beds; and completed installing certified playground mulch around all playground equipment for fall protection.
á Township Manager:
1) Traffic Signal Maintenance Contract (Charles Higgins & Son) – Mansfield made a motion, seconded by Strunk, to award the traffic signal maintenance contract at a total cost of $1,170 to Charles Higgins & Sons. The motion passed unanimously.
2) 2009 contract for Recycling grant (Hough Associates ) – Invoice was presented to pay $1,750, the 2nd and final installment of the contract for the 2009 grant application.
3) Award of 2011 Ford Pick Up with 8Õ Utility Body – Mansfield made a motion to
award a contract to Yocum Ford, the low bidder, for the purchase of this vehicle. The motion was seconded by Strunk and passed unanimously.
Escrow Releases:
á Resolution 2010-28 - Streamview - Letter of Credit (LOC) Release No. 18 for $24,700.82 and return of $9,000 fee-in-lieu of trail
Mansfield made a motion to approve Streamview LOC Release No. 18 for $24,700.82 (amount remaining in the LOC after this distribution is $251,659.21), and to return $9,000 fee-in-lieu of trail since trail was installed. Strunk seconded the motion with unanimous passing vote.
á Resolution 2010-29 - Wawa - Letter of Credit (LOC) Release No. 3 (18 Month Security Release) for $118,313.55
Mansfield made a motion to approve Wawa LOC Release No. 3 (18 Month Security Release) for $118,313.55 (amount remaining in the LOC after this distribution is $0). Strunk seconded the motion with unanimous passing vote.
á Escrow Agreement – Ramesh Joshi/Hampton Inn
A new escrow agreement governing an escrow deposit in the amount of $5,000 was presented for Board signature.
á Blackledge Maintenance Bond Release
There were still six trees located in the wrong places and need for placement of river jack. This release request will be reviewed at the next meeting.
Public Comments:
Mr. Jim Schey complained about the unmowed property at 2035 Allentown Road that appears to be abandoned. He was informed that proper notification have been made to last known owners and the property has been posted which is legally required before the township can take action on private property. He was informed that the township intends to contract out the mowing in the immediate future. Mr. Schey also requested that improvements be made to the Rt. 663 and Allentown Road intersection.
Mr. Terry Wark of E. Swamp Road asked if he could have questions regarding his property and the Brookfield subdivision answered. The solicitor was directed to respond to his detailed concerns.
Mr. Chris Tray of Willow Stream Dr. presented pictures of damaged vegetation and stated his concern that disc golfers were damaging the environment.
Adjournment: Mansfield adjourned the July 6, 2010 Meeting at 7:27 p.m.
Upon adjournment, the Board of Supervisors went into Executive Session to discuss personnel matters.
Milford Township Board of Supervisors
Minutes of July 20, 2010 Regular Meeting
Call to Order: Meeting was called to Order by Chairman at 7:00 p.m. at the Milford Township Municipal Building and opened with the Pledge of Allegiance to the U.S. Flag.
Supervisors Present: Robert B. Mansfield, Chairman; Timothy Damiani, Supervisor; Excused: Charles Strunk, Vice-Chairman.
Attendance: Patricia Roeder, Secretary-Treasurer; Jeffrey Vey, Township Manager; Audience: 10.
Approval of Minutes of Previous Meeting: Mansfield made a motion to approve the Minutes of the July 6, 2010 Regular Meeting. Motion was seconded by Damiani and passed. Mansfield, aye; Damiani, aye; Strunk, absent.
Approval of Invoices for Payment and TreasurerÕs Report: Having reviewed the invoices and the June 30, 2010 TreasurerÕs Report, Mansfield made a motion to approve the invoices for payment per 2-page list dated July 20, 2010 and the June 30, 2010 TreasurerÕs Report. Motion was seconded by Damiani and passed. Mansfield, aye; Damiani, aye; Strunk, absent.
Announcements:
a. MTPC meeting July 28th at 7:30 p.m.
b. Board of Supervisors Work Session July 27th at 5:30 p.m.
c. Zoning Hearing is scheduled for August 10th
Correspondence:
c. PA DEP – 2008 Recycling Performance Grant was sent - $26,151
d. MTASA– water shut off procedure for chronic delinquencies on sewer bills
Reports:
á Park Board
Report attached
á Township Manager
- Streamview asked that a cash escrow be held for ten dead trees that need replacing until proper planting time in the fall. The supervisors agreed on the condition that escrow be held for 18 months to cover survival of the new trees.
- The Manager was authorized to obtain an appraisal on potential open space.
- The Township Personnel Policy needs to be updated to reflect PA law that extends medical coverage for dependent children up to 30 years old. Supervisors agreed that cost of coverage for adult children that exceeds regular family coverage should be paid by the employee should they want the coverage.
Escrow Releases:
á Main Street Group – Supervisors will require 18 mo security for relocated trees.
Public Comments:
Mr. Terry Wark of E. Swamp Road asked questions regarding provision of utilities and a driveway to his house from the Brookfield development proposal. The conditions of approval from 2006 apply and there is no current activity regarding this proposal.
Adjournment: Mansfield adjourned the July 20, 2010 Meeting at 7:22 p.m.
Milford Township Board of Supervisors
Minutes of August 3, 2010 Regular Meeting
Call to Order: Meeting was called to Order by Chairman at 7:00 p.m. at the Milford Township Municipal Building and opened with the Pledge of Allegiance to the U.S. Flag.
Supervisors Present: Robert B. Mansfield, Chairman; Charles Strunk, Vice-Chairman; Timothy Damiani, Supervisor.
Attendance: Peter Andersen, Andersen Engineering, Township Engineer; Susan Piette, Clemons Richter & Reiss, Township Solicitor; Patricia Roeder, Secretary-Treasurer; Jeffrey A. Vey, Township Manager; David Winkler, Public Works Director; Audience: 17
Approval of Minutes of Previous Meeting: Mansfield made a motion to approve the Minutes of the July 20, 2010 Regular Meeting. Motion was seconded by Damiani and passed unanimously. Note: July 27, 2010 Work Session was cancelled.
Approval of Invoices for Payment: Having reviewed the invoices, Strunk made a motion to approve the invoices for payment per 2-page list dated August 3, 2010. Motion was seconded by Damiani and passed unanimously.
Announcements:
á Zoning Hearing Board will meet on August 10, 2010 at 7:00 p.m.
Correspondence:
á Bucks County Airport Authority – June Minutes
Reports:
á Code Enforcement Office - During July 2010, the following permits were issued: 1 single family dwelling; 9 additions and renovations; 4 accessory structure; 4 institutional; 8 use and occupancy; and 1 zoning hearing application.
á Public Works – During July 2010, the Public Works Department spent most of the month on the Old Plains Road project. The road was widened, a new base installed, and then Reid Paving came in to level and top the roadway. Work was also done on Baus Road. Stumps and the old road were removed and a new base was installed. Reid Paving will be coming in to lay the new road. In the parks, the new trail from the existing trail along the Unami to Milford Avenue is almost completed. In Unami Creek Park, steps were installed on the trail along the sledding hill where the trail was washing out.
á Milford Township Planning Commission
á Township Manager
o Donna Doyle letter– the Drop for Duchene fund raising event is planned for October 16, 2010 at the Quakertown Airport. After discussion, the supervisors were satisfied that the same preparations are being made as last year.
o C&M – Milford Pointe – correspondence from Andersen Engineering identifying needed repairs and mowing has been ignored. The supervisors authorized doing safety repairs (inlet grate replacement and high weed mowing where driver sight distance is obstructed) and charging the costs against the Milford Pointe in-house escrow.
o Camp Cedar Hill – June Croissette, realtor for the Camp Cedar Hill Association, would like to sell a seasonal cabin as full-year residence – discussion was deferred with no representatives present.
Land Developments:
á B.E. Equipment – 1775 Wentz Road – Industrial Addition
This plan proposes an addition plus a 2nd floor office on this 6.08 acre parcel having 517 feet of frontage. All improvements would take place on existing imperious areas and there would be an 11% reduction in impervious surface. Connection to public water is proposed. Continuation of on-lot sewage is proposed with the plan showing delineation of 160Õ of line. The applicant committed to installation of a small flow sewage treatment plant should a malfunction occur. The plans show how parking could be reconfigured to accommodate a change of use with compliant parking. The applicant proposes to use the parking as it currently exists and seeks locational waivers. A significant area of wetlands is delineated and the applicant proposes a conservation easement to protect them.
á Resolution 2010-30, BE Equipment Preliminary/Final Plan Approval
Mansfield made a motion for conditional preliminary/final approval as follows:
1 Prior to the recording of the Record Plans, you will address all outstanding engineering issues identified in the June 11, 2010 letter of Andersen Engineering Associates, Inc., Township Engineer, to the satisfaction of the Board of Supervisors.
2. The Board of Supervisors approved waivers from the following provisions of the Milford Township Subdivision and Land Development Ordinance:
a. Section 517b(3), requiring the edge of the parking lot to be at least 10 feet away from the nearest building;
b. Section 517b(7), 517b(8), 517b(9) and 517b(11) regarding parking lots and accessway requirements;
c. Section 517b(16), requiring a buffer between the parking on the westerly side of the site and TMP 23-2-145; and
d. A partial waiver of Section 520, requiring street trees. Developer must provide the number of required trees but a waiver is allowed as to the location of the plantings to be clustered as shown on the Plan.
3. Prior to the Recording of the Record Plans, Owner shall execute a Deed of Dedication, in a form prepared by the Township Solicitor, dedicating to Milford Township the area along Wentz Road frontage of the Property within the ultimate right-of-way. At the time of the recording of the Record Plans, said conveyance shall be made free and clear of all mortgages, liens or other encumbrances such that title is marketable and insurable by a reputable title insurance company at ordinary rates. Additionally, at the time the Deed is recorded, Owner shall provide satisfactory evidence that the said property continues to be free and clear of mortgages, liens and encumbrances. The Deed shall be recorded prior to or simultaneously with the recording of the Record Plans.
4. In accordance with the Plan, the Township will abandon a portion of the legal right-of-way of Wentz Road that existed prior to the re-location of the road along the frontage of the Property.
5. The Property shall be served by on-site sewage disposal as shown on the Plans. Should the proposed on-site sewage disposal system fail, a small flow on-site sewage disposal shall be constructed after all required permits have been obtained.
6. The ingress and egress for the Property shall be provided for as shown on the Plans. However, if the Township representatives deem there to be a change in the status of ingress and egress for the Property, the owner of the Property must modify the ingress and egress to the satisfaction of the Township Engineer and have the same approved by the Board of Supervisors.
7. Prior to the recording of the record Plans, the Owner shall execute a Declaration of Covenants, Conditions, Easements and Restrictions, in a form prepared by the Township Solicitor and delineated in a manner deemed acceptable by the Township Engineer, providing for such terms and conditions as are deemed appropriate by the Board of Supervisors including but not limited to granting a Conservation Easement to Milford Township over a designated area delineated in a manner deemed acceptable by the Township Engineer for the benefit of the Township to protect the wetlands and providing that the Township may access, inspect and restore the Easement area should the owners fail to do the same.
The Declaration shall also provide that the Township shall have a municipal lien on the Property in the event costs are incurred by the Township for the performance of the obligations of the owner of the Property as provided in the Declaration in the event same remains unpaid after notice to the Property owner to pay same. The Declaration shall be recorded simultaneously with the recording of the Record Plan.
8. All lighting on the Property, existing or proposed, shall be positioned and/or shielded so as to restrict offensive light past the Property lines.
9. Prior to the recording of the Record Plans, you shall provide the Township with the following:
a. satisfactory evidence that Developer has entered into an agreement with the Milford Township Water Authority providing for the extension of water service to the land development and payment of the necessary connection fees;
b. satisfactory evidence, if necessary, that the Pennsylvania Department of Environmental Protection has issued an NPDES permit for the Property;
c. satisfactory evidence that the Bucks County Conservation District has approved the sedimentation and erosion control measures for the Property; and
d. satisfactory evidence that concrete monuments were installed or adequate financial security to assure their installation shall be deposited with the Township and an escrow agreement executed to assure their installation by a date certain.
7. Prior to the recording of the Record Plans, you will pay all costs incurred by the Township in the review of this application including engineering, legal and administrative costs.
Damiani seconded the motion with unanimous passing vote.
á Bimes – Hillcrest and Freier Roads – Informal Conceptual Plans
Randy Bimes sought reaction to three alternatives for the subdivision of his property.
1 - This plan would subdivide approximately 20,000 sq. ft. from the Freier Road frontage leaving a lane to the bulk of the acreage that has frontage on Hillcrest Road. This would reestablish a lot line that had been merged. The issue that is raised is that an existing barn would be 5 ft from the new property line (it is 38 ft from the south property line). This would require a variance from the Zoning Hearing Board. After discussing that this reestablishes the lot that previously existed, the board agreed they would not oppose (or endorse) an application to the Zoning Hearing Board.
2- This plan would create a 2.5 acre parcel from the Freier Road frontage. This would not require a variance and appears to be a compliant plan.
3- This plan would create 5 lots on a cul-de-sac from Freier Road. This plan would require public improvements and engineering review.
á Camp Cedar Hill – Trumbauersville Road at the Unami Creek
June Croissette, Remax 440, is the realtor for the Camp Association and wants to sell a seasonal cabin as a year round residency (lot 4). Currently lots 3, 6, 10, 11, 13, 15, 16, 18, 19 and 20 are used year round. She was asked if the Health Department evaluated the adequacy of the sewage disposal or if any attempt was made to provide permitted sewage disposal. She represented that there has been no attempt to gain Health Department approval. There was discussion of concerns regarding sewage disposal, drinkable water, emergency access and flooding at Camp Cedar Hill. Strunk indicated that he is not inclined to change the restrictions in place and the other supervisors concurred.
Escrow Releases:
á Resolution 2010-31, Streamview Letter of Credit (LOC) Release No. 19 for $64,260.00
Mansfield made a motion to approve Streamview Release No. 19 for $64,260.00 (amount remaining in the LOC after this distribution is $187,399.21). Strunk seconded the motion with unanimous passing vote.
Public Comments:
Bob Flack of Mill Hill Road complained about buses using Mill Hill Rd to get to 663 and the turnpike. He requested ÒNo Commercial VehiclesÓ signs.
Chris Tray renewed his objection to the Unami Creek Disc Golf Course citing plant damage and intrusion into the riparian corridor as violations of the Park Ordinance and Zoning Ordinance. Strunk disagreed with his interpretations. Damiani made a motion to remove the disc golf course. Motion was not seconded.
Adjournment: Mansfield announced that there will be an executive session following the meeting and adjourned the August 3, 2010 Meeting at 8:12 p.m.
Immediately following, the Board of Supervisors went into Executive Session to discuss a potential open space acquisition.