Category Archives: Lower Macungie Township development issues

Variance requests tonight for Hamilton Crossings Costco/Target

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The developer for Hamilton Crossings will be requesting dozens of variances tonight at the 7:00 pm zoning hearing board meeting.

This is the second version of the plan to come before the board. The first was scrapped due to the discovery of mine wash on the property. The developer claims the faulty soil has “forced us to reorganize the site plan in a relatively significant way,”.

Residents should who live in the area of the proposed center should attend the hearing tonight. There are a couple requests of note:

1. Request to increase maximum impervious coverage to up to 80%.

2. Request to increase maximum building coverage to 22.5%

3. Request to eliminate certain planted islands

4. Requests to allow higher screening fencing

I believe these items are important to scrutinize very thoroughly given our townships flooding issues. The max impervious, buildling coverage and requirements to plan tree’s and shrubbery in parking lots all contribute to a developments stormwater management. Remember, to be granted a variance the developer must present “true hardship on the property owner”. They must show why the increase in impervious is necessary and what measures will be taken to counter the increased stormwater issues.

To view a complete list of the variance requests (as of noon today the agenda for tonight’s meeting is not on the township website) you can view the BOC agenda from 11/15. The requests are exhibit BB.

Friends for protection of Lower Macungie Township will be monitoring the progress of this development. We’re dedicated to keeping residents informed about land use/development issues. For more information visit our website or join our mailing list. Also I write about local development issues here on my blog.

LMT Officials Stand Firm on Resident’s Request for Flooding Buyout

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The residents who came in front of the Lower Macungie Township board of commissioners pleading for matching funding to attain a federal FEMA buyout of their properties in Ancient Oaks on Spring Creek Rd were denied the request.

Read more here

One of the residents returned tonight to ask for a explanation. She broke down at the podium.

The Commissioners rationale was they did not want to set a precedent for other residents to come to the township for flood funding.

My issues with this decision was two fold. A precedent was already set by a previous board. The 2009 board worked with FEMA and PEMA to fund buyout for sever repetitive losses per lehigh valley hazard mitigation plan. (LMT highest risk) Secondly, this attitude is basic burying our heads in the sand that development in LMT has affected the flood plains.

I met and visited with one of the families making the request a few weeks ago. They purchased their home in 1996. PRIOR to the building boom where we experienced 40% growth in a decade. Also I have lived next to this river for almost my entire life of 33 years. And yes, it’s always flooded. The difference now is the frequency and the rate/speed it rises. Don’t tell me that development hasn’t affected the flow rate. I’ve seen it with my own eyes.

It’s important to note that not only did the greater building boom happen after but for a  specific example the Wal-Mart swale was approved in 1999 and built shortly after. I firmly believe that the Wal-Mart swale (that floods out Spring Creek Rd. after most major rain events) is a major contributor to our flooding issues. The backflow is a significant cause of flooding upstream of Mill Creek and Spring Creek Rd. As most township residents can attest and have seen first hand, the waterflow across Spring Creek from Wal Mart and other points into Upper Macungie Township north of Hamilton Boulevard resembles a raging river during floods. Also take a look at the 4 seasons bridge sometime after a flood. Tell me it isn’t holding back the river. I have no idea how it’s allowed to be so low. (in contrast to the new pedestrian bridge at graymoor which was built with a higher span as to not impede the flow of the river)

There are basically two possible scenarios here:

1. Flooding wasn’t as bad when Ancient Oaks was approved and it has gotten worse since then due to twp. development decisions. 
or 
2. The flooding was this bad when Ancient Oaks was built. In which case the twp. approved homes in a known flood plain. (due to developer pressure to maximize profits?)

Either way, doesn’t the township bear some responsibility?

It is unfair to blame these residents for “purchasing flood prone property” when either a poor decision allowed for houses to be built where they should not have or the sprawling development that our leaders have allowed for 2 decades have increased flooding issues  AFTER the residents 2/3 residents seeking a buyout purchased their homes.

Lower Macungie and the Municipal Lifecycle

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I’ve written in my blog before about the great ponzi scheme that many suburban townships like ours fall into. You can read more about the ponzi scheme I’ve written about here at strongtowns.org. I found an old Geeting post titled the “5 stages of municipal death.” Again, this always amazes me how you can literally see this playing out here in LMT. It’s scary, but also sad that our elected officials don’t see it. This isn’t some theory. It’s literally played out over and over again all throughout the commonwealth.

Here’s the lifecycle:

1. Low taxes with Greenfield Growth
2. Gradually rising tax rates and increasing demand for services.
3. Plateau of tax base with reductions in non-core services.
4. Insufficient taxes or tax base with reductions in core services.
5. Loss of tax base and distress

Right now, we’re entrenched in the 1st stage. Artificially low taxes. 0% municipal tax rate. Due solely because of the perfect storm of subsidized greenfield growth and the EIT revenue it produced over the last 2 decades and the state taxpayer forking the bill for our police services. We’re about to very clearly enter the 2nd stage (the convo about an LMT police dept…which I believe we would be insane to enact until the state enacts critical reforms) with the 3rd stage on the horizon. (increasing enrollment in EPSD leading to school taxes going up year after year after year with outcomes stagnating) It might take a decade to get to stage 4 and 5 but if you don’t get this train off the tracks now it gets ugly down the road.

First you start your new township on some farmland, and pretend like you don’t need any services and set tax rates way too low.

Then the richest people flee higher tax places for the fake low tax rates. You get by for a few years and then Whoops! it turns out your township needs the same municipal services that every other town does.

Then people stop wanting to pay the increasing taxes, so David Jaindl builds yet another ring of suburbs on former farmland, forms a new government, and the new government Lower Macungies poaches other communities with fake low tax rates and steals your residents and businesses.

But now your tax base has shrunk and you still need to provide the same services over the same territory, so you have to raise taxes again just to maintain the same service levels. More people don’t like the tax increases, so they abandon you for the new Lower Macungie, and on and on.

How do we break this cycle? Through these 5 mechanisms we can break the cycle.

1. Getting the most bang for our taxpayer buck (ROI) on existing infrastructure. (value capture). And do not except any more unfunded maintenance obligations.
2. Conserving green space with mechanisms that are fair to landowners. (purchasing development rights)
3. Requiring complete cost benefit analysis of all greenfield projects to make sure the taxpayer sees benefits not just in the first lifecycle but after the shiny new roads and storm water mechanisms have been dedicated to the taxpayer.
4. Engaging the community in development decisions.
5. Don’t issue any new debt until current debts are fully paid off and limit what we bond for.

Friends smart growth positions

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I want to make it so crystal clear. That there is a chasm between “Friends” vision for our township and that of our elected officials. Come election time it should be so completely obvious that voters will have a crystal clear choice…. I think I’ll repost again “friends’ smart growth policy suggestions that we’ve been promoting for nearly 2 years that have been largely ignored. Please share with your friends and neighbors if you think these solutions for the township makes more sense then the road we’re on.

What Friends supports:

1. Infill development with a focus on Mixed Land Use and Traditional Neighborhood projects.
– Focus on maximizing taxpayer return on investment on our existing infrastructure.
– To encourage this we support creation of Mixed Use ordinances grounded in smart growth principle.

2. Exploring conservation easements to conserve our remaining Green fields.
– Easements are the only effective way to truly preserve farmland that has come under market pressure to develop. It’s also the fairest mechanism for private landowners.
– To identify funding mechanisms and prioritize land to conserve we support the re-creation of a township farmland and open space preservation board.

3. Requiring complete cost benefit lifecycle analysis of all new development.-Including impact on services, maintenance of infrastructure, impact on the EPSD, impact on our tax base.

4. Encouraging community collaboration development decisions and making them predictable, fair and cost effective.

5. Fostering a strong sense of place by connecting our disconnected subdivisions through a complete street network.
– Complete streets are designed and operated to enable safe, attractive, and comfortable access and travel for all users, including cars, pedestrians and bicyclists and users of all ages and abilities.

Allen Organ Supermarket and 200+ Apartments is back.

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It’s back. Except it’s no longer being characterized as a smart growth mixed use project as it once was. (But never really was…) Now it’s being billed as exactly what it really is. A supermarket and a gas station paired with 200 apartments on 30 some acres. The project would be the highest density in the township.

This property is located in the Corn Field between Mack Trucks and Borough of Macungie aside of and behind the Allen Organ offices. Township Commissioner Ron Eichenberg happens to be the realtor on the project.

What this is, is a high density residential project next to a high density commercial parcel. In fact one of the Planning Commissioners mentioned what I mentioned a couple months ago. What this is, is the Trexlertown Mall. Note those apartments have currently devolved into HUD housing.

Though the project has stayed essentially the same the developer is no longer seeking the new mixed use ordinance it once was. Special accommodations would have to be made since there is currently no zoning that allows this kind of development. Basically the township needs to go out of it’s way to allow this.

Many members of the planning commission were absent, so no official action was taken. Will keep an eye on this one.

Notes:

The developer mentioned improvements to intersection will alleviate traffic issues – My question here is. Currently, there are no traffic issues. Traffic flows great at the intersection of Willow Lane and Rt. 100. Traffic issues might be created by this project, but currently there are none. This project would have 1 entrance in and out dumping 100% of the traffic onto Rt. 100.
“Just because you buy the junkiest land in the township doesn’t mean you should get special exceptions” – PCom member Maury Robert
“Little uncomfortable with the highest density in the township, should we really have developments exceeding 8 units per acre?” – Pcom member Tom Beil

Residents seek Township assistance for increased flooding

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Two residents came before the Board of Commissioners last Thursday seeking assistance in order to attain a federal FEMA buyout of their properties in Ancient Oaks on Spring Creek Rd.

The FEMA Hazard Mitigation Grant Program utilizes 75% Federal funds, 22% State funds and 3% from other sources. In this case the residents are requesting township funding to cover the 3%.

I had the chance to visit one couple who owns one of these 3 homes yesterday located in Ancient Oaks. It’s important to note the gentleman I spoke with purchased his home in 1996. This was before the last building boom and more importantly before the Wal-Mart was built.

I firmly believe that the Wal-Mart swale (that floods out Spring Creek Rd. after most major rain events) is a major contributor to our flooding issues. As most township residents can attest and have seen first hand, the waterflow across Spring Creek from Wal Mart and Upper Macungie Township resembles a raging river during floods.

I mention this because I believe this entire neighborhood within Ancient Oaks (approx a dozen homes) is affected because of development decisions made by UMT and LMT over the past 2 decades. I especially feel for the residents who purchased their homes long before these decisions were made and the floodplain increased.

Thursday at 4pm the residents will plead their case in front of Doug Brown and Ron Eichenberg at the planning and zoning committee. I fully support the township stepping up and funding 3% of the costs to buy-out these homes. Again, especially in the case of homeowners who purchased their homes in the 90’s the township has a moral responsibility to make amends for poor development decisions of the past.

Ancient Oaks in Lower Macungie Township

Affected neighborhood in Lower Macungie has seen increase in flooding over last 15 years. Residents whose homes are frequently flooded are seeking assistance.

How we’ve grown.

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Think about this for a second.

Over the past ten years LMT has grown at an amazing 40% clip.  That’s 12,000 new residents in one decade. Along with major commercial and industrial development.

For many projects in and around the township the first life cycle of growth created positive cash flow. Why? Developers often pay for INITIAL improvements in order to get support for projects. This includes one time traffic impact fees, upgrades to intersections, roadways, water and sewer lines, building of stormwater management facilties ect. ect.

The fundamental question is: What happens down the line when all of the above mentioned needs ongoing maintenance, improvements, we need more fire protection, a police force ect. and the developers have long since moved on to the next greenfield and all this becomes the responsibility of the taxpayer?

These are all questions of not if but when. When maintenance costs are more than initial gain? Not if but when long term cash flow turns negative?

Where we are at now: According to our leadership the solution is more and more growth. If this is truly case, something has gone wrong. We’ve seen 40% growth last decade. The most in the state of Pennsylvania. If growth is the solution why is there still a problem? This is the general rationale for Jaindl land development from our commissioners. They see the project as wonderful.

Friends for Protection of LMT asks this fundamental question: How can we possibly need more growth after we’ve seen a 40% increase over past 4 years? How can this is sustainable?

One thing is clear. If we NEED growth after a decade of 40% growth, then we’ve have grown in an unsustainable fashion. The current board continues this trend. What we REALLY need right now is a more PRODUCTIVE development pattern.

This is why “Friends” supports the following:
1. Mixed use – Walkable neighborhoods, interconnected, public space.
2. Emphasis on infill instead of greenfield. Utilizing our existing infrastructure to increase our Return on Investment
3. Diversification of our tax base. – Diversified, stable revenue stream. We have more then fulfilled our need for light industrial (warehouses) it’s time to attract other forms of high end commercial.

Pennsylvania Court strikes down Act 13

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Scott Alderfer writes a great piece on his blog “stream hugger” overviewing the recent 4-3 decision by the PA commonwealth court overturning the controversial law. Scott also gives his take on the politics that led up to Act 13’s creation. Scott is the chair of LMT’s Environmental Advisory Council and a founding member of the Little Lehigh Watershed Association.

Every other gas producing state has what is called a severance tax that the state charges gas companies based on the value of gas produced.  A severance tax is imposed by the state and is separate from lease fees and royalties paid to the landowners.  Instituting a severance tax was debated right up through the 2010 PA gubernatorial election.  However, the winner of that election, Republican Tom Corbett, made a No Tax pledge as part of his campaign.  It seems that Gov. Corbett’s No Tax pledge was not just for PA residents.  When asked during his campaign about a gas severance tax, Corbett stated that his No Tax pledge would also apply to a severance tax for gas companies.  Not coincidentally, Corbett received nearly $1 million in campaign contributions from gas companies and their lobbyists.

What is a walkable neighborhood?

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In the coming months the LMT planning commission will take up the creation of a new mixed use ordinance. It’s my hope that this ordinance is firmly grounded in smart growth principle encouraging walk-able communities.

So what exactly does a “walk-able” neighborhood mean? This short 4 minute video is an excellent introduction to the concept.

The goal is to encourage pedestrian-centric vs. a typical automobile centric design. Think classic neighborhoods you can live, work and walk to many services.

We are a automobile society. Thats a fact that isn’t changing. But more often people are interested in having the option to walk. We have tons of “big box” commercial in the township with more on the way. And this is not bad inmoderation. Personally, I’m excited for Hamilton Crossings (Target)! This won’t be typical “big box.” Our planners did a great job ensuring the character is more “lifestyle center.” But the point is, we’re approaching the tipping point of “the right mix.”

Do we want the “right mix” or do we want to become MacArthur Road? This mixed use ordinance can be a big part of our future. Here are the basic principles that make a neighborhood walk-able:

  • A complimentary mix of uses that integrate with one another. This is essential and includes not only a mix across the parcel but mixed use buildings. Think “Main st. USA” vs. sprawl. The goal is matching the character of historic villages and borough’s creating a pleasant live-able community.
  • Encouraging walk-able streetscapes and complete streets. In newer suburbs likes ours it’s difficult to walk from place to place. Pedestrians who attempt to are forced to dodge cars and walk through parking lots. To create a friendlier, attractive, more walkable landscape, a mixed use district requires small-scale commercial buildings with frontage facing streets. Additionaly, garages and parking areas must be located to the side and rear. Also streets must be deisgned to be complete. We’re currently participating in a study of the rt. 222 corridor on how to make it a more “complete street,” featuring walk-able characteristics. Sara Paindl (Lower Macungie Director of Planning) and our planners deserve much praise for facilitating this!
  • Central open space providing active recreation areas, focal points for the community, and saving environmental features. A good mixed use district should requires at least 20 percent open space, preferably located centrally, in village greens and other types of central open space.

Ask yourself a simple question. What do you want LMT to be? Like every other sprawling area or do you want it to be exceptional? I grew up here. Long gone in many parts of the township is the rural character I grew up with and loved. I’ll fight to preserve what can and should be preserved. (Jaindl and warehouses)  But I’m equally excited for what has to be developed to be done so in an planned way.

The great thing about this sort of planning is it is not theoretical. It’s being successfully developed nearby. Here are a few great local examples:

Woodmont, Lower Moreland – Montgomery County – 49 acre tract
Sunnybrook Village, Lower Pottsgrove – Montgomery County – 52 acre tract

Storm water is treated at new Penns Meadow Basin

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Map of the Stormwater Basin at Saurkraut and Willow!

Ever wonder what’s going on with the stormwater area at Willow and Saurkraut lanes where the trees were planted and ponds created? Most recently some final touches have been added with the installation of mulch paths.

This project represents a complete conversion of previous ‘dry’ detention basin into a ‘wet’treatment basin. Wet basins are artificial ponds with vegetation around the perimeter.

Dry basins do not do a very good job of treating stormwater. They only  temporarily store the water after it rains and eventually discharge the bulk of the flow into the Little Lehigh.

‘Wet ponds’ have two main benefits.

They are much more effective at slowing flow (decreasing flooding) and filtering pollutants. In addition, there are also long term savings in maintenance. The basin is only mowed once a year to prevent trees and shrubs from establishing in the areas intended to be meadows. The upper portion of the project has been planted with 150 native trees to create two woodland areas.

The whole project has a path system where students from Willow Lane Elementary School can learn about ecology in a living classroom. The retrofitted basin becomes a park-like setting and woodland for habitat and passive recreation whereas dry basins are large sterile areas often fenced off needing mowing throughout the summer and often treated with herbicides.

Here is a brief description of the system that was installed at Penns Meadow: (see picture)

There are three points where stormwater from Penns Meadow flows into the basin. Through various systems this water is filtered and the flow rate slowed.

For example, from the second input water flows into a forebay and then through a constructed wetland area and finally to the wet pond. The entire basin is fitted with an impermeable liner so unless there is a major storm event, all water that enters the basin is either is used by vegetation or evaporates. Only in extreme rain events does water flow to the Little Lehigh and even in these cases it is better filtered and slowed then in dry basins.

This is a fantastic and much needed project in our township. The Environmental Action Council would like to see more retrofits of sterile dry basins. In the upcoming review of our comprehensive plan the BOC and planning commission need to incorporate more best management practices for future developments instead of large sterile basins that require mowing and herbicides.