HATFIELD TOWNSHIP BOARD OF COMMISSIONERS REGULAR MEETING

November 28, 2018 7:30 PM

AGENDA

I. CALL TO ORDER II. ROLL CALL

COMMISSIONER PRESIDENT ZIPFEL

COMMISSIONER VICE PRESIDENT HUGHES

COMMISSIONER ANDRIS

COMMISSIONER RODGERS

COMMISSIONER THOMAS III. PLEDGE OF ALLEGIANCE IV. APPROVAL OF AGENDA

V. CONSENT ITEMS

1. Board of Commissioners Regular Meeting – October 24, 2018 2. Board of Commissioners Workshop Meeting – November 14, 2018

3. Treasurer’s Report – November 4. Bills Payable: A. Paid Bills – $0 B. Unpaid Bills – $291, 906.63 VI. CITIZENS’ COMMENTS -- AGENDA ITEMS ONLY

Attention: Board of Commissioner Meetings are Video Recorded

All comments made at the podium. Please state your name and address for the record.

Comments are guided by Resolution #10-10.

2

VII. ACTION ITEMS

1. Pulte Homes (Baum Farm) – 491 Forty Foot Road

Zoning Text Amendment to add Active Adult Community as a permitted use in the

Multifamily Elderly District

Ordinance #681

Motion for Approval

2. Pulte Homes (Baum Farm) – 491 Forty Foot Road

Zoning Map Amendment from RA1 and LI to Multifamily Elderly District

Ordinance #682

Motion for Approval

3. Walnut Street Subdivision and Land Development

Resolution #18-30

Motion for Approval

4. Pecora Corporation – Warehouse Expansion Land Development Waiver

Resolution #18-31

Motion for Approval

5. Police Car Purchase - $34,629

Motion for Approval

VIII. CITIZENS’ COMMENTS

Attention: Board of Commissioner Meetings are Video Recorded

All comments made at the podium. Please state your name and address for the record.

Comments are guided by Resolution #10-10.

IX. ADJOURNMENT

HATFIELD TOWNSHIP BOARD OF COMMISSIONERS

REGULAR MEETING MINUTES

October 24, 2018

7:30 PM

I. CALL TO ORDER

President Zipfel called the Hatfield Township Board of Commissioners October 24, 2018

meeting to order at 7:30 p.m.

II. ROLL CALL

President Zipfel asked Mr. Bibro to call the roll. Present at the meeting were President

Tom Zipfel, Vice President Larry Hughes, Commissioner Jerry Andris, Commissioner

Bob Rodgers and Commissioner Laura Thomas. Also in attendance were Township

Manager Aaron Bibro, Solicitor Christen Pionzio, Township Engineer Bryan McAdam,

Township Planner Ken Amey and Police Chief William Tierney.

III. PLEDGE OF ALLEGIANCE

Senator Stewart Greenleaf led the recitation of the Pledge of Allegiance.

IV. APPROVAL OF AGENDA

Commissioner Rodgers made a motion to approve the meeting agenda and Commissioner

Thomas seconded the motion. The motion passed with a 5-0 vote.

V. CONSENT ITEMS

Commissioner Vice President Hughes made a motion to approve the Consent Items listed

below. Commissioner Rodgers seconded the motion and the motion passed with a 5-0

vote.

1. Board of Commissioners Regular Meeting – September 26, 2018 2. Board of Commissioners Workshop Meeting – October 10, 2018

3. Treasurer’s Report – October 4. Bills Payable: A. Paid Bills – $252, 216.74 B. Unpaid Bills – $481,958.95

October 24, 2018

2

VI. CITIZENS’ COMMENTS There were no citizens’ comments.

VII. SPECIAL ITEMS

1. Recognition of State Senator Stewart Greenleaf

The Board recognized Pennsylvania State Senator Stewart Greenleaf for his forty years of

public service to Pennsylvania and the Hatfield Community.

VIII. PUBLIC HEARING

1. Pulte Homes (Baum Farm) – Forty Foot Road

Commissioner Zipfel made a motion to suspend the Board meeting and move into the

public hearing. The hearing is regarding a proposed zoning map and text amendment for

the Baum Farm property located on Forty Foot Road. Commissioner Rodger seconded

the motion and the motion was passed with a 5-0 vote.

Zoning Hearing Board Solicitor Joe Kuhls and representatives from Pulte Homes

presented the Board with information regarding the proposed development on the site of

the Baum Farm.

The following residents had questions regarding the proposed development:

Norm Blagbrough, 1656 Leon Drive

MaryLou Eckerly, 2303 McArthur Drive

Donna Bushman, 1648 Leon Drive

After the listening to commentary, Commissioner President Zipfel made a motion to

close the hearing. Commissioner Rodgers seconded the motion and the motion passed

with a 5-0 vote.

IX. CITIZENS’ COMMENTS

There were no citizens’ comments.

X. ADJOURNMENT

Commissioner Rodgers made a motion for adjournment and Commissioner Thomas seconded the motion. The motion passed with a 5-0 vote and the meeting was adjourned at 8:50 p.m.

HATFIELD TOWNSHIP BOARD OF COMMISSIONERS

REGULAR MEETING MINUTES

November 14, 2018

7:30 PM

I. CALL TO ORDER

President Zipfel called the Hatfield Township Board of Commissioners November 14,

2018 meeting to order at 7:30 p.m.

II. ROLL CALL

President Tom Zipfel asked Mr. Bibro to call the roll. Present at the meeting were

President Tom Zipfel, Vice President Larry Hughes, Commissioner Jerry Andris,

Commissioner Bob Rodgers and Commissioner Laura Thomas. Also in attendance were

Township Manager Aaron Bibro, Solicitor Christen Pionzio, Township Planner Ken

Amey, Township Engineer Bryan McAdam and Chief of Police William Tierney.

III. PLEDGE OF ALLEGIANCE

State Representative Robert Godshall led the recitation of the Pledge of Allegiance.

IV. APPROVAL OF AGENDA

Commissioner Rodgers made a motion to approve the Agenda and Commissioner

Thomas seconded the motion. The motion passed with a 5-0 vote.

V. CITIZENS’ COMMENTS

There were no citizens’ comments.

VI. CONSENT ITEMS

Commissioner Thomas made a motion to approve the Consent Items listed below.

Commissioner Andris seconded the motion and the motion passed with a 5-0 vote.

A. Engineer’s Report – October

B. Police Report – October

C. Parks and Recreation Board Minutes – October 1, 2018

D. Colmar Fire Company Monthly Report – October

E. HTMA Monthly Budget Report – September

November 14, 2018

2

F. HTMA Meeting Minutes – September 11, 2018

VII. SPECIAL ITEMS

A. The Board recognized Pennsylvania State Representative Robert Godshall for his

many years of public service to Pennsylvania and the Hatfield Community.

B. Rachel Riley of the Valley Forge Tourism and Convention Board gave a presentation

regarding events that her organization is involved with.

VIII. COMMITTEE REPORTS

A. Planning and Zoning Committee – Commissioner Rodgers

1. Mr. Amey discussed the Aspen Mills Walnut Street Land Development and

answered questions from the Board. Scott Semish, attorney for the applicant

answered additional questions from the Board.

2. Mr. Amey advised the Pecora Corporation has requested a waiver of land

development with regard to a warehouse expansion.

B. Public Works Committee – Vice President Hughes

1. Commissioner Vice President Hughes announced that the last week for leaf

pickup will be the week of December 3rd.

C. Parks and Recreation Committee – Commissioner Thomas

Commissioner Thomas shared some upcoming parks and recreation trips and

events.

D. Public Safety Committee –President Zipfel

Mr. Bibro announced the police department will be purchasing a new vehicle

using the proceeds of selling older vehicles.

E. Finance Committee – Commissioner Andris

1. Mr. Bibro outlined the 2019 proposed budget which includes no tax increases.

IX. TOWNSHIP STAFF REPORTS

A. Township Manager’s Report

November 14, 2018

3

1. Mr. Bibro stated that the Township recently won an award from the Delaware

Valley Insurance Trust for having minimal workers’ comp claims for the past 3

years.

2. There will be on one December board meeting on December 12th.

3. Township is applying for a grant for a walkability study.

X. SOLICITOR’S REPORT

Solicitor Pionzio asked the board to approve a motion transferring the assignment rights

for Fortuna Crossing from Mignatti to Lennar. Commissioner Rodgers made the motion

for approval and it was seconded by Commissioner Andris and approved 5-0.

XI. CITIZENS’ COMMENTS

There were no citizens’ comments.

XI. ADJOURNMENT

Commissioner Thomas motioned for adjournment and Commissioner Andris seconded

the motion. The motion passed with a 5-0 vote and the meeting adjourned at 8:44 P.M.

{02390252;v1 } 1

HATFIELD TOWNSHIPRESOLUTION #18-30

______________________________________________________________________________

RESOLUTION FOR PRELIMINARY/FINAL CONDITIONAL SUBDIVISION AND LAND DEVELOPMENT PLAN APPROVAL FOR THE WALNUT STREET

SUBDIVISION LOCATED AT THE NORTHWESTERN SIDE OFWALNUT STREET, HATFIELD TOWNSHIP, PA

______________________________________________________________________________

WHEREAS, Aspen Mill Properties, LLC, (“Applicant”) is the record owner of a parcel of ground identified by tax parcel number 35-00-10798-00-3, located within the Hatfield Township RA-1 Residential Zoning District (“Property”);

WHEREAS, the Applicant proposes to subdivide the Property which is approximately 6.9 acres into nine single-family dwelling lots (“Project”). The Project will be serviced by stormwater management facilities, public water, and public sanitary sewer;

WHEREAS, the Applicant has requested preliminary/final approval of plans prepared by Integrated Engineering, LLC, consisting of 23 sheets dated July 6, 2015, last revised September 17, 2018, as well as a Stormwater Management Report dated July 6, 2015, last revised September 17, 2018 (collectively the “Plan”);

WHEREAS, the Plan and application have been reviewed by the Township Consultants and Montgomery County, and have been found to be suitable for preliminary/final approval, subject to the conditions set forth below:

NOW, THEREFORE, BE IT RESOLVED, that the Hatfield Township Board of Commissioners grants preliminary/final approval of the Plan subject to the following conditions and requirements:

1. Prior to recording the Plans for the Project, Applicant shall execute a Land Development Agreement, a Stormwater Operations and Management Agreement and execute and deliver all necessary and appropriate deeds of dedication, post financial security for the construction of the improvements shown on the Plan, all of which shall be in a form acceptable to the Township Solicitor and Township Engineer.

2. Applicant shall post financial security acceptable to the Township Solicitor in the amount of $12,600.00 to guarantee the removal and replacement of any trees within the infiltration berm areas that die or to replace any trees that are taken down despite the prohibition of same within 5 years from the date of dedication of public improvements.

{02390252;v1 } 2

3. Pursuant to the McMahon Associates, Inc. letter of May 25, 2016, a transportation impact fee is due and owing as a result of this Application in the amount of $22,818.80. This fee shall be paid prior to the Plan being recorded.

4. The Applicant shall comply with all the provisions and conditions set forth in the February 9, 2018 McMahon Associates, Inc. letters to Hatfield Township (incorporated herein by reference) except as may be modified by PennDOT, and except as modified by any subsequent letter(s) from McMahon Associates, Inc.

5. The Applicant shall further comply with all provisions and conditions set forth in the November 16, 2018 CKS Engineers, Inc. letter and the November 20, 2018 McCloskey and Faber, PC letter to Hatfield Township, (each incorporated herein by reference), except as expressly waived or expressly modified herein, and except as modified by subsequent letters from those respective professionals.

6. The Township grants waivers to the Applicant from the following requirements of the Township Subdivision and Land Development Ordinance as well as the Stormwater Management Ordinance:

a. Section 250-29.B.1 – from the requirement to provide road widening of Walnut Street. Walnut Street is classified as a local road, requiring a half width of 17 feet. The existing cartway has a half width of 15 feet, with curbing. A deed of dedication shall be offered to the Township for the required right-of-way.

b. Section 250-31.C – from the requirement to provide sidewalk on existing streets. The plan does not propose sidewalk along Walnut Street. A fee in lieu in the amount of $3,750.00 shall be paid.

c. Section 250-31.C – from the requirement that new sidewalk must be six feet wide. The applicant proposes providing five-foot-wide sidewalk on both sides of Fortuna Drive.

d. Section 250-38.F – from the replacement tree requirements, to allow a fee in-lieu for any deficiencies. The plan contains a tabulation of the impact. There is a deficiency of 70 deciduous, as well as a deficiency of 6 evergreen trees (for barrier buffer). A fee in lieu in the amount of $13,000.00 shall be paid.

e. Section 238.K – to allow the use of an equivalent number of shrubs as an alternative to some of the required shade trees for the detention basin planting requirements.

f. Section 250-39.B.4 – from the requirement that side lot lines be at right angles to street lines or radial to street lines if on a curve. The applicant is requesting relief for Lot 5, the flag lot.

{02390252;v1 } 3

g. Section 242-19.A.4 – from the requirement to maintain a five (5) foot separation from proposed grading and the property outbounds. The location of the emergency access and the existing (vacant) home on Lot 1 result in the emergency access being within several feet of the property boundary.

h. Section 242-18.B.8.t – from the requirement to provide one foot of freeboard between the routed 100-year water elevation and the invert of the emergency spillway, as well as between the 100-year water surface elevation in the emergency spillway and the top of berm and instead permit 0.50 feet of freeboard.

i. Section 250-29.C.1 - Applicant’s request to have the cul-de-sac extension shown on the Plan to exceed the maximum length of 500 feet is hereby granted.

7. This approval and the grant of the waivers set forth in paragraph 6 are further conditioned upon acceptance of the conditions contained herein by the Applicant and his signifying acceptance of these conditions by signing a copy of this Resolution and returning it to the Township.

8. The Applicant must obtain any necessary approvals and reviews from all outside agencies, including but not limited to, the Montgomery County Conservation District, Hatfield Township Municipal Authority, North Penn Water Authority, and the Pennsylvania Department of Environmental Protection before the Project’s final Plan is recorded.

9. The Applicant shall make a voluntary contribution as a fee in lieu of open space in the amount of $9,000.00 in accordance with Section 250-64.2. of the Hatfield Township Subdivision and Land Development Ordinance, prior to the recording of the Plans.

10. Homeowner Association Documents: The Applicant must submit all Homeowner Association documents for the Project to the Township Solicitor’s office for review and approval prior to the recording of the Plans. The Homeowner’s Association shall maintain all sidewalks, stormwater berms, swales, basins, infrastructure and all stormwater facilities outside the Township or State rights-of-ways. Appropriate notes on the Plan shall correspond with the language in the Homeowner’s Association Declaration. The Homeowner’s Association Documents shall also contain the following:

a. Provisions detailing individual lot owners’ and the Association’s respective maintenance requirements for all stormwater management facilities, whether on-site or off-site, in accordance with the approved Post Construction Stormwater Management Plan.

{02390252;v1 } 4

b. Specific reference to the Association’s obligations for maintenance of, or contribution to, maintenance of the off-site basin as stated in any easement agreement between Applicant and the adjoining property owner.

c. Restrictions prohibiting modification of approved grading and drainage within lots.

d. Provisions requiring maintenance of the emergency access by the Association.

e. Provisions establishing a capital reserve fund to be funded at the time of the initial sales and re-sales of lots.

f. Disclosure to prospective lot purchasers that any improvement to a lot beyond the improvements shown on the Plans shall be subject to Township review and may require grading permits. In addition to any such statement in a Declaration, the Applicant shall provide a separate disclosure statement, to be signed by prospective buyers, stating that such buyers are aware of grading and impervious coverage limitations, as well as the obligation to maintain stormwater management facilities, as stated in the Declaration.

11. Applicant agrees to have a full size set of the Plan for public viewing in the sales

office for the Project. Applicant will be responsible to make sure that the sale’s office for the Project provides an exhibit plan and a disclosure statement to all prospective buyers showing all storm water facilities related to the Project which describes the operation of the storm water facilities, the frequency of standing water in those storm water facilities, and the related need for maintenance of all storm water facilities areas as well as the infiltration berms.

12. Applicant shall provide to the Township prior to recording of the Plan, a signed and notarized acknowledgment from the record owners of the parcel of ground with an address of 1800 Walnut Street, Hatfield Township, Pennsylvania and further identified by tax parcel number 35-00-02371-00-6 (“Owner of Basin”), which states that it as Owner of the Basin is granting to the Applicant and its successors and assigns an easement to make improvements to and utilize the stormwater drainage facilities and basin on its property, tax parcel number 35-00-02371-00-6, prior to recording the Plan.

13. Prior to issuance of any permits, all outstanding legal, engineering, administrative fees, and fees contained herein must be paid by Applicant.

14. This approval is subject to the fulfillment of all of the foregoing conditions, in their entirety, and no permit shall be issued, nor shall any development take place on the Property, unless and until all such conditions are fulfilled.

{02390252;v1 } 5

15. In the event that said execution of the Resolution is not delivered to the Township office by 7:30 PM, Wednesday, November 28, 2018, it shall be deemed that the Applicant does not accept these conditions and any approvals and grants of waivers conditioned upon the acceptance of the conditions are revoked and the application shall be considered denied for the reason of the denial of the waivers set forth in paragraph five and the resulting violation of the Plan of the terms of the Township Subdivision and Land Development Ordinance, as authorized in Section 508 of the Pennsylvania Municipalities Planning Code, 53 P.S. §10508.

DULY PRESENTED AND ADOPTED by the Hatfield Township Board of Commissioners, Montgomery County, Pennsylvania, in a public meeting held this 28th day of November, 2018.

HATFIELD TOWNSHIPATTEST: BOARD OF COMMISSIONERS

______________________________ ______________________________Aaron Bibro Thomas C. Zipfel, PresidentTownship Secretary

ACCEPTED: Aspen Mill Properties, LLC

By:___________________________

___________________________ (Print Name and Title)

Date: ___________________

{02389546;v1 }

HATFIELD TOWNSHIPRESOLUTION #18-31

A RESOLUTION GRANTING A WAIVER OF THE REQUIREMENTS FOR A LAND DEVELOPMENT APPLICATION FOR

CLEMENS BUSINESS CENTER, LLC (THE “APPLICANT”) FOR PROPERTY LOCATED AT 2705 CLEMENS ROAD,

HATFIELD TOWNSHIP, PA,

WHEREAS, Clemens Business Center, LLC (the “Applicant”) has expressed to Hatfield Township the desire to construct an addition to the existing 40,000 sq. ft. building it currently leases to Pecora Corporation on property located at 2705 Clemens Road, Tax Parcel No. 35-00-03934-01-8 (the “Property”); and

WHEREAS, the addition is proposed to be located on existing impervious coverage and is proposed to be approximately 30,000 sq. ft. in size with 2 loading docks;

WHEREAS, the Applicant has requested a waiver of the requirement that a land development application be submitted; and

WHEREAS, Hatfield Township recognizes that the proposed addition requires no planning aspects such that it requires only technical review by the Township consultants.

NOW, THEREFORE, BE IT RESOLVED, that the Hatfield Township Board of Commissioners hereby grants a waiver of the requirement to file a land development application for the project described herein subject to the following conditions and requirements:

1. The Applicant shall submit detailed engineering plans and supporting applications and information, if any, to the Township Engineer which shall be reviewed and revised to his satisfaction. An as built plan shall be submitted to and approved by the Township Engineer prior to the issuance of a Use and Occupancy Permit.

2. The Applicant shall meet all applicable code requirements of Hatfield Township including, but not limited to a building permit application submission.

3. The Applicant shall execute a Contract for Professional Services with the Township and post the appropriate escrow.

4. The Applicant shall execute a Stormwater Operation and Maintenance Agreement to be recorded against the Property.

5. The Applicant shall obtain any and all necessary approvals and reviews from outside agencies having jurisdiction over the project.

{02389546;v1 }

6. In the event that said execution of the Resolution is not delivered to the Township office by 7:30 PM, Wednesday, November 28, 2018, it shall be deemed that the Applicant does not accept these conditions and the Request shall be considered denied.

DULY PRESENTED AND ADOPTED by the Hatfield Township Board of Commissioners, Montgomery County, Pennsylvania, in a public meeting held this _____ day of ____________________, 2018.

HATFIELD TOWNSHIPATTEST: BOARD OF COMMISSIONERS

________________________________________________________ Thomas C. Zipfel, PresidentAaron BibroTownship Secretary

ACCEPTED:

CLEMENS BUSINESS CENTER, LLC

By: ____________________________Thomas D. Clemens, President

Date: ______________