BERKS COUNTY PLANNING COMMISSIONAUGUST 10, 2011
BERKSCOUNTYSERVICESCENTER
633 COURT STREET, 14TH FLOOR
READING, PA 19601-4309
MINUTES
1.CALL TO ORDER
Joseph Griffin, Chairman, called the regular monthly meeting of the Berks County Planning Commission to order at 3:04 p.m. The meeting was held on Wednesday, August 10, 2011 in the Planning Commission offices on the fourteenth floor of the Berks County Services Center, Reading, Pennsylvania.
The following members were present:
Joseph Griffin, Chairman
Peter F. Giorgi, Esquire, Vice-Chairman
Lloyd W. Hopkins, Jr.
James L. Mason
James C. McCarthy, Secretary
Lee C. Olsen
Mark C. Scott
Not in attendance:
Douglas P. Rauch, Esq.
Barry L. Schlouch
Also Attending:
Heidi B. Masano, Asst. Co. Solicitor
Glenn R. Knoblauch, Exec. Director
Cheryl A. Auchenbach, Planner III
Beth Burkovich, GIS Analyst
Michelle D. Franklin, Planner III
Devon B. Hain, Planning Tech.
Ashley J. Mazurek, Planner II
Matthew F. McGough, Planner II
Jamie L. Passon, Planner II
Alan D. Piper, Trans. Planner III
Shannon L. Rossman, Intergovernmental Planner III
Amanda M. Timochenko, Planner II
Pauline R. Klopp, Office Support V
Stan Stubbe, PA Outdoor Lighting Council
Mike Keffer, Marion Township
John A. Granger, National Management Assoc., Ltd.
Mike Becker, National Management Assoc., Ltd.
Farley Fry, Hanover Eng./Adamstown Borough
Keith Smoker, Reading Eagle
2.PUBLIC COMMENT
There was no public comment.
3.APPROVAL OF MINUTES OFJULY 13, 2011
Mr. Hopkins mentioned that the minutes reflected that Mark Scott was not in attendance at the July meeting but he was in attendance.
MOTION:Mr. Mason made a motion to approve the minutesas amended from the July 13, 2011 meeting. The motion was seconded by Mr. Hopkins and passed unanimously.
4.REPORTS OF OFFICERS AND COMMITTEES
A.Chairman’s Report
Chairman Griffin’s report was on“space”and “place”, in this case, the appropriate gradations are matters of scale. He mentioned a few relevant scales: sub-municipal, municipal, multi-municipal, county and regional; and he gave examples of these scales.
B.Executive Director’s Report
Mr. Knoblauch informed the Commission that they should have received an e-mail from the Center for Excellence and Community Leadership to hold the date for the annual dinner/workshop graduating theMaster Planners who completed the Master Planner program at Albright College on September 27, 2011. Staff is still working with John Kramer on a topic and a speaker.
Since Berks is in the Delaware River Basin, we are not impacted by the issues going on with total maximum daily load of NPDES permits, etc. into the Susquehanna that impact the Chesapeake. Berks County only has a thin edge of the far northwestern and southwestern parts of the County that fall into the Chesapeake and there are a whole lot of new restrictions/guidelines from EPA and DEP. Staff is participating in webinars and meetings that DEP is conducting with counties in the Chesapeake because,in the coming years, the same kind of regulations will probably apply to the Delaware River Basin.
Mr. Knoblauch informed the Commission that staff has made a lot of progress with the Comprehensive Plan Update and are hoping to have a preliminary draft prior to the September meeting. A meeting will be held the Comprehensive Planning Committee first and then it can be distributed to the whole Planning Commission.
- UNFINISHED BUSINESS
There was no unfinished business.
- NEW BUSINESS
A.Items Which Require Action
- Subdivision Reviews- None
- Other Reviews
- Adamstown Borough Special Study 537 Plan
Ms. Mazurekinformed the Commission that the Adamstown Borough Act 537 Plan was received for review. Adamstown Borough has prepared a Special Study which is intended to be an update to the Borough’s Act 537 Plan. The Special Study was created in order to address the Biological Nutrient Removal (BNR) requirements for the Department of Environmental Protection in regards to the protection and improvement of water quality of the Chesapeake Bay. The existing treatment plant is located in East Cocalico Township, Lancaster County.
Through the Special Study, Adamstown Borough evaluated two alternatives to address the BNR regulations as follows:
- Alternative 1: Physical modifications to existing treatment plant
- Anoxic Selectors
- Sequential Nitrification/Denitrification
- Reactive Denitrification Filters
Of the three above physical alternatives the Borough chose the Anoxic Selectors because it is the most cost effective option and would meet the goals for permit compliance. The estimated cost for the chosen option is $3.6 million dollars.
- Alternative 2: Purchase of Nutrient Credits
Nutrient credit trading is a program initiated by the Department of Environmental Protection to remove nutrients from a watershed. The primary purpose of the Nutrient Credit Trading Program is to provide for more efficient ways for National Pollutant Discharge Elimination System (NPDES) permittees to meet their effluent limits for nutrients mainly nitrogen and phosphorous.This alternative can only be used if the receiving stream is not listed as an impaired stream. The existing treatment plant discharges to the Little Muddy Creek which is not included on the list of impaired streams. The Nutrient credit program works with the treatment plant purchasing credits from farmers or other municipalities.
After evaluating the above alternatives, the Borough decided that the best alternative to meet the BNR requirements was to purchase Nutrient Credits. In choosing this alternative, the Borough will begin a trial period in October 2012 to collect information to determine if purchasing nutrient credits will satisfy the required denitrification to meet the BNR standards. The purchase price of nutrient credits varies among the different markets in which they are sold, therefore; the cost for this alternative has a range of $380,000 to $1.1 million.
Staff prepared a letter stating consistency with the Berks County Vision 2020 Comprehensive Plan and the 1998 Berks Sewer and Water Regionalization Study.
MOTION:Mr.Scott made a motion to approve sending the letter as written. The motion was seconded by Mr. Olsen and passed unanimously.
b.Marion Twp. Act 537 Plan
Ms. Mazurek informed the Commission that the Marion Township Act 537 Plan was received for review. The plan proposed to connect areas within the Village of Stouchsburg to the existing Womelsdorf Sewage Treatment Plant.
A needs survey conducted in Phase 1b concluded that out of 58 properties surveyed there are fifty-one potential malfunctions, one confirmed malfunction and one suspected malfunction. Following the results of the needs survey, the Township has determined that approximately 184 EDUS are to be served in Phase 1b approximately in 2-3 years. Phase 2 proposes to connect 38 EDUS in 5-7 years. Phase 1b intends to use 38,000 gpd of the allotted 50,000 gpd allocated with the Womelsdorf plant. The estimated tapping fees range from $5,000 to $12,000. Monthly sewer service fees range from $50.00 to $156.00. The estimated cost for connecting to the Womelsdorf plant is $5.5 million.
In addition, Marion Township is proposing to adopt and enforce an on-lot septage management ordinance which would permit the Township to enforce regular pumping and inspection of existing on-lot systems. The Township has three areas identified as on-lot systems that will be implemented on an initial three year schedule following the adoption of the ordinance. Once the initial three year phase has been completed the on-lot systems must pump their tank at least once every four years.
Project Findings:
The Berks County Vision 2020 Comprehensive Plan identifies the Village of Stouchsburg proposed service area with the following land use categories: Existing Developed, Agriculture Preservation and Future Growth.
Staff prepared a letter with the following two comments:
-The proposed service areas are consistent with the Berks County Comprehensive Plan Vision 2020. Staff notes that this area is adjacent to eased agricultural. In previous reviews the Planning Commission staff has taken the stance that we do not encourage sewer expansion into eased agricultural areas. However, service is proposed to serve existing structures within the agricultural security area. Staff notes that the parcels shown as being in the agricultural security area are in the Commercial Core zoning district and should be removed from the agricultural security area.
-The proposed 537 Plan Update is consistent with the 1998 Berks Sewer and Water Regionalization Study, since the Township proposes to connect to an existing sewage treatment facility.
MOTION:Mr. Mason made a motion to approve sending the letter as written. The motion was seconded by Mr. Scott and passed unanimously.
c.Lower Heidelberg Twp. Act 537 On-Lot Management Ordinance
Mrs. Rossman informed the Commission that Lower Heidelberg Township submitted an On-Lot Management Ordinance (OLDS) for review. The Township had previously completed Act 537 Planning for the areas of the Township that have or need public sewer infrastructure and identified those areas that do not need or is not economically feasible to extend sewer service to. This OLDS covers the areas of the Township that will continue to have on-lot septic systems.
The Township is divided into three regions. There is a three year phase-in of the pumping requirements. All septic systems are required to be inspected every three years, also. Pump outs may be required more frequently based upon inspections. Also, mal-functions will be identified and fixed. Where necessary, installation of water conservation devices may be required. The Township will determine a fee schedule for administration of the program. Pump outs are required to be done by a Pennsylvania Licensed Hauler/Pumper. The Township will require that all Community Sewer Systems built post a bond of 2.5x the cost of installation of the system.
Staff prepared a letter stating consistency with the Berks County Comprehensive Plan, Vision 2020 and the Sewer and Water Regionalization Study of 1998.
MOTION:Mr. Scott made a motion to approve sending the letter as written. The motion was seconded by Mr. Olsen and passed unanimously.
d.Upper Tulpehocken Twp. Act 537
Mrs. Rossman informed the Commission that Upper Tulpehocken Township submitted a draft Act 537 Plan Update for review. The Township participated in the Strausstown Borough Act 537 Plan of 2001. This previous Act 537 Plan centered in and around the existing developed area of the Borough and surrounding areas of the Township. The current draft Act 537 Plan Update covers the remaining areas of Upper Tulpehocken Township not previously studied.
A needs survey regarding information of existing on-lot septic systems was sent to 636 properties not previously surveyed for the 2001 Act 537 Plan.
- 304 surveys were returned.
- Field verification of 74 of these properties occurred.
- Based upon this information it was determined that:
- No confirmed mal-functions existed
- 7 suspected mal-functions
- 55 potential mal-functions
- 231 had no mal-functions
Well testing of 125 properties also occurred. There are a number of wells that have issues with contamination. However, these problems are site specific and not concentrated in any specific area.
Based upon the information from the surveys, field verification and well testing, the Township intends to manage the on-lot septic systems in those areas without public sewer through an on-lot management ordinances (OLDS) and inspection program.
The program will require updating the Township Subdivision and Land Development Ordinance and adopting an OLDS. There will be a three year phase-in of the pump out schedule and inspections. Afterwards, on-lot septic systems will be required to be pumped out every three years unless inspections determine a more frequent need.
Staff prepared a letter stating that the proposal is consistent with the Berks County Comprehensive Plan, Vision 2020 and the Sewer and Water Regionalization Study of 1998.
MOTION:Mr. Olsen made a motion to approve sending the letter as written. The motion was seconded by Mr. Hopkins and passed unanimously.
e.Dark Sky Reserve – Pennsylvania Outdoor Lighting Council
The Pennsylvania Outdoor Lighting Council (POLC) is applying to the International Dark Sky Association (IDA) to request that the Hopewell Big Woods and surrounding area be designated as an International Dark Sky Reserve (IDSR). As part of the Dark Sky Reserve application process, POLC is soliciting letters of support from relevant state and county government agencies, municipalities and environmental organizations.
POLC is a non-profit volunteer organization dedicated to protecting the nighttime environment through quality outdoor lighting. They work with municipalities in the creation and enforcement of effective lighting ordinances and educating citizens about good lighting practices. POLC is the Pennsylvania Chapter of the International Dark Sky Association.
This is an effort to keep the natural habitat and the sky over French Creek State Park, Hopewell Furnace National Historic Site and surrounding environs dark at night. The aim of the preserve designation will be to gain recognition for the work already done in the region to control light pollution, and to continue to educate citizens, municipalities and businesses about energy conservation, the negative effects of light pollution and good outdoor-lighting practices. Certification as an IDSR entitles the core and its surrounding communities to market itself as such and to display the IDA-IDSR logo in official publications and promotions.
The definition of International Dark Sky Reserve is a public or private land possessing an exceptional or distinguished quality of starry nights and nocturnal environment that is specifically protected for its scientific, natural, educational, cultural, heritage and/or public enjoyment of a large peripheral area. The IDSR consists of a core area meeting the minimum criteria for sky quality and natural darkness, and a peripheral area that supports dark sky values in the core and while receiving similar benefits. The IDSR is formed through a partnership of multiple land owners and/or administrators that have recognized the value of the starry night through regulations, formal agreements, and long term planning. The IDSR program is attached.
The core of the proposed reserve would include French Creek State Park, State Gamelands 43 and Hopewell Furnace National Historic Site. Other significant properties located within or near the core include Birdsboro Waters in Berks County and St. Peter’s Village; Crow’s Nest Preserve and Warwick County Park in Chester County. The periphery of the reserve is divided into three zones and involves municipalities located in Berks, Chester, Montgomery and Lancaster Counties within a 13 mile radius around the core. The core is the area of primary protection, where they want to protect habitat from light pollution and keep the skies as dark as possible. Zone 1, being immediately adjacent to the core, would be the critical area to reduce light pollution from impacting the core. Zone 2 is one of the requirements imposed by the IDA in their eligibility criteria, and Zone 3 is arbitrary to include outlying influences. The attached map depicts the core and its periphery.
POLC’s long range plan is to continue to encourage municipalities within the reserve to adopt effective lighting ordinances and educate citizens to use outdoor lighting responsibly. They have a DCNR grant to continue to provide educational materials and make presentations to individual municipalities and at conferences and workshops. While POLC has no regulatory authority, they have prepared model outdoor lighting provisions for zoning, subdivision and stand alone ordinances. Basic requirements address luminance levels, luminaire types, aiming and shielding requirements, and mounting heights among other requirements. POLC has worked with several Berks County municipalities, including Union, Exeter, and Robeson Townships located within the proposed reserve, which have adopted effective lighting ordinances. Many municipalities in Chester County have also adopted outdoor lighting ordinances endorsed by POLC. These lighting ordinances are adequate for the Dark Sky Reserve effort.
Staff prepared a letter of support with the following two comments:
-The Berks County Greenway, Park & Recreation Plan identifies a greenway network that is composed of a system of hubs, nodes and corridors that highlight significant ecological habitats, historic, cultural and recreational resources. The majority of the proposed reserve core is identified by our Greenway Plan as ”The Big Woods Greenway Hub”. This Hub is identified as one of the three highest valued conservation areas for ecological habitat within the County. The area is identified as an Important Mammal Area by the PA Wildlife Federation and an Important Bird Area by the PA Audubon. The Pennsylvania Department of Environmental Protection has designated portions of the Hay Creek and French Creek Watersheds as Exceptional Value Waters. Besides the forest cover and pristine waters, other assets of this Hub include rich cultural and historic resources providing significant recreational opportunities. The proposed reserve periphery contains a network of other greenway hubs and corridors linking the Reading Urban Area to this resource.