GREG ZEBROWSK! hair STEVEN GLICKMAN, Vee Char PAMELA PEARSON “Weaburer BECKY A. BRADLEY, AICP Lehigh Valley Planning Commission Executive Dec Planning for the Future of Lehigh and Northampton Counties at 961 Marcon Bivd., Ste 310, Allentown, PA 181091 (610) 264-4544 BI vpc@lvpc.org lt www.lypc.org July 31, 2020 Mr. Scott Minnich, Chair Upper Mount Bethel Township Planning Commission 387 Ye Olde Highway Mt. Bethel, Pennsylvania 18343 RE: Zoning Ordinance and Subdivision and Land Development Ordinance Amendment Planned Industrial Parks Upper Mount Bethel Township Northampton County Dear Mr. Minnich: The Lehigh Valley Planning Commission (LVPC) considered the subject amendment at its Comprehensive Planning Committee and Full Commission meetings, pursuant to the Tequirements of the Pennsylvania Municipalities Planning Code (MPC). Discussion on agenda items largely happens during the Committee meeting. Both meetings were virtual, please see the meeting details below. * LVPC Comprehensive Planning Committee Meeting © July 28, 2020 at 12:00 PM + LVPC Full Commission Meeting © July 30, 2020 at 7:00 PM The proposed zoning ordinance and subdivision and land development ordinance amendments considers changes to the Township's |-2 and |-3 Industrial Zoning Districts, related to provisions for ‘Planned Industrial Parks’. The amendment includes proposed additions to and removals from the Township's regulations. The proposed additional language is generally supported by LVPC for its intent and consideration of development standards, with changes made in accordance with the LVPC. recommendations. The language that is proposed for removal is of concern and, as such, is where the LVPC advisory review is focused, particularly as it relates to development impacts relating to uses with heavy tractor-trailer traffic, as well as, environmental protection.The draft ordinance has the potential to ‘continue diversification of the Regional economy to strengthen economic resilience’ (Policy 4.2) should appropriate accommodations be made in the proposal. However, as-presented the proposal is generally inconsistent with the County Comprehensive Plan, FutureLV: The Regional Plan, because it proposes to remove substantial environmental protection regulations, and further aims to treat ‘planned industrial parks’ considerably differently than other uses within the same zoning districts. Additionally, the proposed intensity of development supports an urban-level density that is contrary to the character of the Township and fiscally unsustainable in terms of road and bridge maintenance, among other impacts. The LVPC offers the recommendations below in order to ‘provide guidance on best practices’ (of Policy 1.4) and to improve the consistency of the draft ordinance amendment: Tractor-Trailer Parking and Accommodations The LVPC commends the prohibition of idling with the introduction of truck parking as a permissible use, which will ‘educe greenhouse gas emissions’ (of Policy 3.4). On-street truck staging has been an issue in the region. In order to ‘strengthen freight mobility to minimize quality of life impacts to residents’ (Policy 2.4), the Township should require assurances that trucks are able to access the site day or night, and that sufficient amenities are provided within the site to accommodate both the tractor-trailers and drivers. These should be explicit and detailed on the recorded plans. Specifically, each new distribution center or warehouse should be required to have truck parking on-site to allow for staging and overnight stays. Best practices suggest a minimum of one space for each 50 trucks served per day. Driver amenities including bathrooms, showers, food services, sleeping areas, and waiting areas should also be considered. Site management should also include appropriate measures, such as electrification of truck parking stalls, to support the proposal's prohibition on tractor-trailer idling. Additionally, the accumulation of snow and ice on top of trucks poses a safety hazard to other vehicles on the roadway, potentially resulting in serious injury and death. The Pennsylvania Snow/Ice Removal Law (2006) requires the removal of snow and ice from all vehicles prior to leaving the site. The LVPC. recommends the installation of a snow-clearing tool at the site that would easily allow for truck drivers to clean off tractor-trailers. This would serve as a preventative measure in the interest of the health and safety of those using the region's transportation network, and help to provide a safe, well-maintained transportation network (af Policy 2.2).Traffic and Transportation Township Streets: The LVPC commends the proposed prohibition of truck traffic from utilizing Township streets, with the exception of River Road, which serves to ‘maintain existing transportation infrastructure’ (of Policy 2.6). The LVPC. recommends including satisfactory signage to indicate this prohibition The LVPC strongly encourages coordination with PennDOT to designate 102- inch-wide tractor-trailer routes within the immediate area of the site and to discourage use of undesignated 102-inch-wide approved truck routes. This will assist in managing not only truck traffic itself but also in reducing the tax burden to the municipality, state and federal governments, as truck-related maintenance of roads and bridges not built to withstand the weight and frequency of freight traffic is extremely high. Similarly, this will manage issues of road and bridge geometry not sufficient to support the wide turning movements of tractor-trailers. Additionally, the LVPC recommends the installation of appropriate truck route signage as necessary at the site driveways and at nearby intersections, to ‘encourage designation of truck routes’ (of Policy 2.4). These recommendations should be made in consideration of the likelihood that truck traffic will travel west into the Slate Belt and greater Lehigh Valley area, and the insufficient infrastructure routes the tractor-trailers may utilize. Access Drives: The proposed minimum 30-feet width of internal access drives is sufficient to accommodate truck traffic. This proposal is also supportive of Policy 2.4. The LVPC suggests inclusion of appropriate signage to indicate areas with prohibited on-street parking. Traffic Impact Study: Traffic impact study (TIS) requirements for off-site improvements are vital to ensuring that the introduction of an industrial park in the Township doesn't degrade the quality and service of the existing street network. The LVPC supports removal of any conflicts between the Township's existing code and the Pennsylvania Municipalities Planning Code (MPC). Retention of provisions for improvements triggered by a TIS is strongly ‘encouraged, to ‘ensure the highest and best use of transportation funds to maximize available financial resources’ (Policy 2.6). Environmental Protection The Township should consider revising environmental impact statement requirements in the subdivision and land development ordinance that better manage the overall impacts of industrial park development. This is critically important because the amendment, as presented, fails to protect air and water quality and can lead to significant sewer problems. Specifically, while the proposed ordinance amendment applies to areas within the existing |-2 and I-3 Industrial Zoning District, the zoning districts containsignificant areas of Farmland Preservation, as designated by the General Land Use Plan, The Natural Resources Plan identifies a substantial portion of this area as High and Medium Conservation Priority as well, due to the Natural Heritage Inventory Core Habitat on either side of River Road, parallel to the Delaware River and woodland areas closer to Route 611 (North Delaware Drive). The Pennsylvania Natural Heritage Program identifies core habitat as ‘essential habitat that cannot absorb significant levels of activity without substantial impact to the elements of concern’. Woodlands are valued for many reasons including recreation, timber for harvesting and screening to be used as land use buffers and boundaries. Many species of birds depend on large, unbroken wooded tracts for survival. Woodlands also mitigate environmental stress by reducing stormwater runoff, filtering groundwater recharge, controlling erosion and sedimentation, moderating local microclimates and purifying air. The presence of these features begs consideration of scale and appropriateness of development, and warrants increased scrutiny should development be proposed to ensure development will ‘enhance natural resources that make our communities more resilient’ (of Policy 3.1). Steep Slopes: The zoning ordinance amendment proposal defines steep slopes as slopes greater than 25% and allows development on these slopes if engineering certification requirements are met. The Northampton Counly Livable Landscapes And Open Space Plan recommends that design ‘avoid development on steep slopes greater than 25% and provide development restrictions, such as lot size and stormwater management provisions, on steep slopes of 15% to 25%. Riparian Buffers: Riparian buffers and transitions / protections for water features should not be removed for industrial areas. Industrial areas are those more likely to include hazardous uses, or uses with hazardous materials. Especially in consideration of the Township's I-2 and I-3 Zoning Districts’ proximity to the Delaware River, itis vital to ‘preserve natural resources in the land development process’ (of Policy 3.1). With this proposed amendment, certain provisions of the Township's existing zoning and subdivision and land development ordinances related to environmentally sensitive areas would not apply in the two districts, as long as the proposed earth disturbance is in compliance with State and federal regulations. These provisions include steep slopes, wetlands, floodplains, endangered species/plants and riparian buffer protections. The LVPC strongly recommends against these changes. While State and federal regulations may provide broad protection for these resources, maintaining local regulatory authority will provide for a development process more protective of and attentive to the Township's critical natural resources.Environmental Stewardship Solar Farm Use: Inclusion of provisions for solar power as a use permitted by right is applauded by the LVPC, supports ‘renewable energy and diversification of sources’ (of Policy 3.4) and underscores the importance of sustainable and green infrastructure, of Policy 3.2 Development with Public Sewer The proposed amendment would allow for the use of public sewer in the -2 and |-3 zoning districts, if available. The two districts generally coincide with the ‘Township-defined |-2 and I-3 Local Economic Revitalization Tax Assistance (LERTA) areas, On September 27, 2019, the LVPC reviewed the Township's draft Act 537 Plan, which recommended public sewer for LERTA I-2 (no recommendations for sewer service were made for LERTA |-3), against the 2005 General Land Use Plan, Comprehensive Plan The Lehigh Valley...2030, which was in effect at that time. The 2019 review noted that the provision of public sewer service was. inconsistent since the area was primarily recommended for rural development using on-lot sewage disposal. This current amendment proposal is inconsistent with the General Land Use Plan of FutureL.V: The Regional Plan, which primarily recommends the I-2 Zoning District for farmland preservation and natural resource conservation, and recommends the |-3 Zoning District for natural fesource conservation. However, should future development occur in the I-2 and |-3 Districts, adequate and appropriate public sewer and water services should be provided in order to comply with the Development Criteria provided in the General Land Use Plan Definitions of FutureL V. Uses Permitted by Right Retail Use: In consideration of Upper Mount Bethe! Township's character, the proposed 30,000 square feet of permissible retail space in the industrial zoning districts appears to be excessive in both scale and location. In comparison, according to the Federal Security and Exchange Commission (SEC), the average size of a Big Lots store is 28,000-square-feet, less than the size proposed in this, amendment. The proposed allowable retail square footage of 30,000-square-feet would also support grocer tenants. While these types of uses are appropriate in commercially-zoned and support areas, and are likely needed in the Township, the proposed scale is not appropriate in industrially-zoned areas. If the intent of these districts is for more mixed-use then this should be explicitly listed as an intent and additional regulations incorporated for box-retailer type uses. If the intent is largely industrial then, a smaller-scale retail threshold is more appropriate for both the Township and for what is essentially a supportive use in the industrial zoning districts, in order to ‘promote development that complements the unique history, environment, culture and needs of the Valley’ (Policy 5.4). Sewage Collection, Treatment and Disposal Use: The proposed introduction of sewage collection, treatment and disposal facilities as a use permitted by rightshould be strongly evaluated by the Township. This type of use tends to have significant effects on adjacent properties and the surrounding community. The LVPC recommends that this use be treated as a special exception or conditional use, rather than a use permitted by right, to ‘facilitate discussion among residents, stakeholders, appointed officials and elected representatives’ (of Policy 1.4) and to accommodate development conditions that will make the use more compatible with surrounding residential and park uses. Permissibility through the conditional use and/or special exception process allows the Township to negotiate with a developer to ensure that appropriate sewer capacity and safe conveyance of sewer can be met. It also, allows the Township to establish a long-term contact with responsible party(ies) should there be an issue with the sewer on the site long-term. If the goal is not to raise fees or taxes while stil providing a high-level of municipal service, establishing a chain of responsibility is important at the upfront of development processes. Special exception or conditional use procedures allow this to occur. This consideration is important not only to this particular use, but to other permissible uses in the I-2 and I-3 Zoning Districts and should be thoroughly evaluated for change in the proposed amendment. Landscaping and Buffering The proposed internal landscaping regulations contain opportunities for improvement. The LVPC recommends requiring minimum tree plantings along existing and proposed streets, within development areas and surrounding stormwater management devices to assist in managing stormwater, improving air quality, maintaining property values and reinforcing the natural character of the Township, as considered in Policy 5.3. Including provisions for planting of native species will ‘mitigate impacts of invasive species’ (of Policy 4.4). This will also help developers meet state and federal requirements to maintain all stormwater ‘onsite and to ‘manage the rate, volume and quality of stormwater runoff’ (of Policy 3.2). It also, helps the developer and the Township long-term, as the natural stormwater management is generally less expensive to maintain than extensive inlets, pipes and drains. Green infrastructure also helps, in this case, the Township to maintain some natural resources, which reinforces the overall character of the Township and to ‘support business practices that mitigate the effects of climate change’ (of Policy 3.4). The LVPC Lehigh Valley Retum on Environment offers an Economic Value Analysis that may offer guidance on this and other matters. Itis also recommended that the applicant refer to the LVPC Green infrastructure Guidelines for design standards, available at Ivpc.org, for additional information on landscaping and green infrastructure. Green infrastructure measures discussed in the Guide, such as green roofs, solar panels, graywater collection, and rain gardens, should be considered as a development requirement in order to ‘promote sustainable stewardship of natural lands, water resources and openspace’ (of Policy 3.1) and to ‘promote development that compliments the unique history and environment of Upper Mount Bethel Township (Policy 5.4) Development Standards Maximum Building Height: The proposed maximum building height of 100 feet, and 110 feet with conditional use approval, is significant, and is equivalent to a ten-story tower. This could create an urban freight condition at a density that threatens quality of life, property values and, ultimately, the tax base of Upper Mount Bethel Township, and potentially adjacent communities. The proposed building height for ‘planned industrial parks' is not likely to ‘minimize environmental impacts of development to protect the health, safety and welfare of the public’ (Policy 3.2). Buildings of this height have the potential to more than double the freight impacts on road and bridge infrastructure and air and water quality, substantially changing the character of the Township in the long-term. Similar building heights are found in more urbanized areas, which are not reflective of the character of Upper Mount Bethel Township. The City of Bethlehem, for example, provides a maximum building height of 80 feet in their Light Industrial and Industrial Zoning Districts, and this height is allowable only where certain additional setback requirements are met. More specifically, building heights over 35 feet are only permissible in the City when an additional 3 feet of building setback is provided for lot lines abutting residential zoning districts. The proposed permissibility of rooftop ancillary structures, such as water towers, cooling equipment and the like, underscores the importance of having a reasonable maximum building height. Design Standards: The LVPC strongly encourages the Township to consider lasting implications of site design standards and recommends that these be tailored to meet the needs of the overall community, as well as requirements of State and federal statutes, not just a specific developer or point in time, as any buildings and/or new uses transcend generations. The Township should consider what financial responsibilities it will be left with over a 10- to 50- to 100-year time horizon, and incorporate this into the proposed regulations. For example, overly specific building and acreage provisions, likely drafted with a specifically intended use rather than in consideration of the zoning districts as a whole, may hinder an “Efficient and Coordinated Development Pattern’ (Goal 1) and could increase the tax burden to residents and businesses. Consideration of cost-benefit and finding win-wins for business and community is possible with several revisions to these ordinance amendments. Utility Location: The LVPC acknowledges the proposal for utility lines to be provided underground, a context-sensitive design solution referenced in Policy 5.4, which reduces potential conflicts with truck traffic and adds to the aesthetic of future industrial parks.Signage: The proposed signage standards would allow freestanding signs of up to 100-square-feet. A square-shaped sign of this size would be 10-feet by 10- feet. For comparison, the dimensional height of a billboard is not much more than this, at 14 feet. The maximum permissible size of a billboard in the Borough of Nazareth, for example, is 150-square-feet, not significantly more than the proposed allowable size of a freestanding sign. As another frame of reference, three full sheets of plywood put together amount to less than the proposed 100- square-feet. The proposed sizable area permitted for signs causes concern for sight distance conflicts with vehicles along streets and nearby to intersections, reducing traffic safety. Additionally, such signs would detract from the Character- Defining Areas within the subject districts. The proposed size of directional signage should be evaluated for these same concerns. The LVPC recommends reduction of the proposed maximum signage size, to maintain regional character by preserving scenic assets (Policy 1.3). Similarly, the proposed allowable height of 35 feet for all permissible signs is not considerate of preserving ‘key scenic corridors and viewsheds' (of Policy 4.4). The Boroughs of Nazareth, previously referenced, and neighboring Portland both have maximum freestanding sign heights of 18 feet. This height is more complementary of the Upper Mount Bethel Township's character and would serve to ‘coordinate land use decisions across municipal boundaries’ (of Policy 1.4) since itis reflected in adjacent and nearby communities. ‘Overall, the proposed maximum height and sign surface areas will create a landscape that is more reflective of commercial highway development, such as those seem along Interstate 78. Small permissible maximums for signage would protect the Township's assets from potential threats and enhance their long-term viability (both of Policy 1.3). Review and Approval Process Conditional Use: The LVPC advises that uses having a ‘major traffic impact’ remain a conditional use. The conditional use process allows for additional provisions or considerations in order to mitigate impacts to the community. Plan Design: The LVPC discourages the proposed amendment to plan design standards allowing for required features to be identified utilizing aerial imagery. Site features are typically field-verified for accuracy of size, location, height and width, and should remain such in order to ensure accuracy of the plans the Township is being asked to approve. Aerial imagery serves to provide general information about a property, but cannot with accuracy depict the exact location of boundaries of infrastructure improvements, woodlands, wetlands, existing structures, and the like. Field verification, through property surveying, is a best practice in development because it is the most accurate and efficient manner toidentify existing site conditions. This is supported by Policy 1.4 of FutureLV, as well as actions included therein. In addition, itis likely that, as outlined, this ordinance language is in conflict with Township regulations and potentially those of the Pennsylvania Municipalities Planning Code. Conceptual Sketch Plan: In order to ‘provide guidance on best practices’ (of Policy 1.4), the LVPC recommends that the proposed sketch plan be reviewed for and approved in consideration of any and all applicable standards and, further, that the proposed provision allowing for combined preliminary and final subdivision and/or land development plan review be removed. The Township should ensure that any approval or vesting of development rights granted are only made in compliance with any and all applicable standards, and that no authorities permitted by the Pennsylvania Municipalities Planning Code (MPC) are inadvertently relinquished. This is especially true for larger developments, like planned industrial parks, which are likely to occur over a longer number of years, occupy more of the Township's land area and have greater impacts to the surrounding community than smaller developments would Subdivision: In serving ‘as the Regional expert on planning, zoning and development’ (of Policy 14), itis the opinion of the LVPC that the proposed provision allowing for the ‘subsequent division of proposed... is exempt from additional plan requirements and/or lot design criteria of the SALDO’ (subdivision and land development ordinance) is in conflict with the Pennsylvania Municipalities Planning Code (MPC) and, as such, should be removed. The proposed language, as written, conflicts with the MPC requirement that all development and subdivision activity be reviewed at the municipal- and county- level. Because the MPC is a State-law governing development review and administration, it is imperative that all units of government adhere to the standards included therein. Coordination and Partnerships The LVPC strongly encourages the Township to begin partnerships with appropriate local and regional entities in order to ensure all parties are prepared for potential development in the I-2 and I-3 Zoning Districts permissible based on the proposed ordinance amendments. Such partnership recommendations include local fire companies to ‘enhance planning and emergency response efforts among emergency response personnel’ (of Policy 5.1), especially as it relates to potential building heights and the Delaware River Basin Commission for all matters related to impacts to waters resulting from future permissible development, including quality and flood loss reduction to ‘incorporate resiliency and hazard mitigation into planning and design, including 100- and 500- year floodplains’ (also of Policy 5.1). Additionally, the LVPC recommends coordinationwith the Delaware River Joint Toll Bridge Commission to ensure future development within the Districts is inclusive of ‘right-size transportation infrastructure projects’ (of Policy 2.2) and does not degrade the efficiency of the joint toll bridge infrastructure nearby We appreciate the detailed nature of amending municipal zoning and subdivision and land development ordinances to achieve other goals, whether reuse and redevelopment or to manage growth. The LVPC team is ready to support the Township and will follow- up in regards to this proposed amendment. We look forward to continuing to working with you. The LVPC has copied appropriate representatives from the Slate Belt Multi-Municipal Plan in order to further ‘coordinate land use decisions across municipal boundaries’ (Policy 1.4) and to ‘expand collaboration on planning and development between neighboring municipalities’ (of Policy 4.6). Sincerely, ‘Samantha Smith Chief Community Planner cc: Ed Nelson, Upper Mount Bethel Manager Ronold Karasek, Upper Mount Bethe! Solicitor Brooke Kerzner, Bangor Borough Mayor Nathaniel Dysarad, Bangor Borough Manager John Couch, East Bangor Borough Council Jennifer Smethers, Lower Mount Bethel Tounship Manager Robin Zmada, Pen Argyl Borough Manager Paul Levits, Plainfield Township Planning Commission Chair ‘Thomas Petrucci, Plainfield Township Manager Dan Wikis, Portiand Borough Planning Commission Chair Domenick DeFranco, Resto Borough Planning Commission Chair Calhy Martino, Raseto Borough Manager Charles Dertinger, Washington Township Planning Commission Chair Lisa Firestone, Wind Gap Borough Administrator Tina Serfass, East Bangor, Portland and Wind Gap Boroughs and Washington Township Zoning Officer