In Re: Appeal of Council Rock

IN RE: APPEAL OF COUNCIL ROCK : IN THE COURT OF COMMON SCHOOL DISTRICT FROM DECISION : PLEAS OF BUCKS COUNTY OF THE WRIGHTSTOWN TOWNSHIP : ZONING HEARING BOARD : NO. 97-8274-19-5

AMENDED STIPULATION AND AGREEMENT

It is hereby stipulated and agreed by and between Appellant Council Rock School

District (“Council Rock”) and its attorneys, Eastburn and Gray, P.C., and the Township of

Wrightstown (“Township”) and its Solicitors, Clemons Richter Walsh & Reiss, P.C., as follows:

I. Background

Council Rock is the owner of a tract of land containing 71.7 acres with frontage on

Durham Road (Pa. Route 413) in Wrightstown Township (“Property”). The Property is located in the CM Conservation Management zoning district under the provisions of the Joint Municipal

Zoning Ordinance (“Zoning Ordinance”) and Zoning Map. In the CM District, a school is permitted by special exception.

Council Rock filed an application with the Wrightstown Township Zoning Hearing

Board for a special exception to use the Property as and for a Use C2 School. Following public hearings, a written decision was issued by the Zoning Hearing Board on October 22, 1997, approving the special exception subject, however, to twenty-one separately enumerated

D:\Docs\2018-04-11\03c48df7f07f13f19396315ceddb1c45.doc conditions. Council Rock filed a timely appeal from certain of the conditions imposed by the

Zoning Hearing Board to the above term and number.

Council Rock and Township have discussed the conditions from which Council Rock appealed and reached an agreement resulting in resolution of all of the issues raised by Council

Rock’s appeal. A Stipulation and Agreement was entered into to confirm and record their agreement. The Stipulation and Agreement was subsequently approved by the Honorable Judge

Susan Devlin Scott as an Order of the Court by Order dated August 24, 1998.

Council Rock and Township now desire to amend the Stipulation and Agreement to provide Council Rock with the opportunity to place either one or two schools on the Property, subject to conditions agreed upon by the parties. This Amended Stipulation and Agreement is entered into to confirm the agreement of the parties,

II. Terms and Conditions

Council Rock and Township hereby stipulate and agree that the conditions to approval of the special exception granted by the Zoning Hearing Board be and the same are hereby restated and revised as follows:

(a) The special exception shall permit Council Rock to develop the Property

with either one or two schools, limited to students up to and including 9th grade or less.

(b) No district administrative offices shall be constructed on the Property.

(c) No school building will be greater than two stories in height with the

understanding that gymnasiums may be constructed to a height not to exceed 35 feet.

(d) The total footprint of all school buildings will not contain more than

130,000 square feet with the second floor to contain no more than an additional 70,000

square feet for a total of 200,000 square feet.

2 D:\Docs\2018-04-11\03c48df7f07f13f19396315ceddb1c45.doc (e) The maximum student enrollment shall be 1,250 students with a maximum

staff of 200 people.

(f) Subject to the approval of PennDOT after comment and participation in

the permit process by the Township Engineer, the School District shall, at its expense,

implement the safe and appropriate plan for obtaining ingress and egress to the Property.

(g) The School District shall, at its expense, conduct the required engineering

studies, and shall bear all other costs in connection with the installation, operation and

maintenance of a traffic signal or signals, at those intersections that may require traffic

signals as a result of the school or schools and, pursuant to the recommendation of

PennDOT and the Wrightstown Township Engineer.

(h) All other highway improvements requested by the Township and approved

by PennDOT in order to assure safe ingress and egress to and from the Property shall be

constructed by the School District at its expense.

(i) The proposal by the School District to serve the proposed school or

schools by connection to public sewer lines owned and operated by the Newtown, Bucks

County, Joint Municipal Authority is inconsistent with the current Wrightstown

Township Act 537 Plan. Township recognizes that there are unique issues relating to

sewage facilities planning for a proposed school or schools. Township agrees to amend

its Act 537 Plan at the time a land development application is submitted to establish

public schools on the Property to permit the school or schools to be served by public

sewers subject to the conditions consistent with proposed Component 3B: Project

Narrative which forms a part of the sewage facilities planning modules which Council

Rock has prepared, a copy of which was attached to the Stipulation and Agreement,

3 D:\Docs\2018-04-11\03c48df7f07f13f19396315ceddb1c45.doc amended as required to take into consideration any changes in the manner in which the

Property is to be developed, provided that such chnages are consistent with the terms of

this Amended Stipulation and Agreement. The conditions set forth in the planning

module shall be included in a declaration of restrictive covenants which will be executed

by the School District and recorded against the Property at the time final land

development plans are recorded.

(j) Adequate fire protection shall be provided as part of the land development

application.

(k) At the time a land development application is filed to establish a public

school or schools on the Property, Township will permit the proposed school or schools

to be served by Newtown Artesian Water Company subject to the condition that

Newtown Artesian Water Company limit its request for a certificate of public

convenience to serve in Wrightstown Township to the Property.

(l) The Wrightstown Township Supervisors shall have the right to require

reasonable landscaping and buffering in addition to that required by the applicable

Zoning Ordinance and the Township Subdivision and Land Development Ordinance, if

the Board of Supervisors deems it necessary in order to adequately screen buildings,

recreational facilities, and other facilities from neighboring properties.

(m) Recreational facilities constructed on the Property will not be lighted for

night time use, and shall be made available to the public when not being used by the

School District. No outside lighting shall remain on at the school beyond 10:00 p.m.

except for security purposes.

4 D:\Docs\2018-04-11\03c48df7f07f13f19396315ceddb1c45.doc (n) The Wrightstown Township Board of Supervisors will have the right to

place reasonable limitations on lighting in addition to those provided in the applicable

Zoning Ordinance and Subdivision Regulations, if the Board deems it necessary in order

to protect the surrounding properties from the adverse effects of such lighting.

(o) All playing fields and recreational facilities will be located and buffered in

order to minimize the impact on surrounding properties.

(p) The lot lines shown on the site plan submitted with the application are not

approved with the approval of the special exception. All buildings must comply with the

setback requirements of the Zoning Ordinance.

(q) This approval is subject to the School District obtaining land development

approval from the Board of Supervisors of Wrightstown Township in accordance with the

conditions set forth within this Zoning Hearing Board decision.

(r) Development of the Property by the School District will comply in all

respects with all applicable federal, state and local laws and regulations.

(s) All stormwater management facilities shall be developed on the Property

in compliance with the Wrightstown Township Subdivision and Land Development

Ordinance in order to ensure that the rate of surface water runoff on to neighboring

properties will not be increased.

(t) It is recognized by the Township that the issue of which schools will be

attended by students living in the Township is a matter within the discretion of the Board

of School Directors. While not a conditional of approval, Council Rock acknowledges

that it is the present intention of the School Board that Sol Feinstone Elementary School

5 D:\Docs\2018-04-11\03c48df7f07f13f19396315ceddb1c45.doc and Wrightstown Elementary School will be the primary feeder schools to the proposed

middle school if a middle school is erected on the Property.

(u) Council Rock agrees to accept, as a condition of land development

approval, the condition that there be no further subdivision of the Property for so long as

it is used as for schools.

(v) The time limitations within which a Zoning Use Permit or Land

Development approval must be requested under §1404 of the Zoning Ordinance shall not

apply to the special exception approved herein.

III. This Amended Stipulation and Agreement shall be presented to the Court of Common

Pleas of Bucks County together with any Motion requesting that the Amended Stipulation and

Agreement be approved as an Order of the Court in full and final settlement of issues raised by

Council Rock’s Appeal.

EASTBURN AND GRAY, P.C. COUNCIL ROCK SCHOOL DISTRICT

By:______By:______John A. VanLuvanee Patricia C. Sexton, Attorneys for Council Rock President, Board of School School District Directors

CLEMONS RICHTER WALSH TOWNSHIP OF WRIGHTSTOWN & REISS, P.C.

By:______By:______Terry W. Clemons Chester S. Pogonowski Solicitors to Wrightstown Township By:______Jane B. Magne

By:______Robert S. Lloyd

6 D:\Docs\2018-04-11\03c48df7f07f13f19396315ceddb1c45.doc