NORTH EAST AREA COMPREHENSIVE PLAN

PREPARED FOR NORTH EAST BOROUGH AND NORTH EAST TOWNSHIP

BY THE ERIE COUNTY DEPARTMENT OF PLANNING

ASSISTED BY NORTH EAST BOROUGH AND NORTH EAST TOWNSHIP OFFICIALS

2005 NORTH EAST AREA COMPREHENSIVE PLAN

FEBRUARY 2005

I PREPARED BY NORTH EAST BOROUGH AND NORTH EAST TOWNSHIP I AND THE ERLJ3 COUNTY DEPARTMENT OF PLA"ING 1 ERIE COUNTY, PENNSYLVANIA

I, I 1 1. ... - ...... __ ....

...... ,. ... "__.."...... I,."..-.--.^...... ~. III _. fl ...... r.n:~-j.-...... L. ,>_ . ,."I_"...-...... t- i 2005 NORTH EAST AREA COMPREHENSIVE PLAN

Chapter Paqe.

I-- . TITLE PAGE...... i

. TABLE OF CONTENTS ...... ii-iii I I INTRODUCTION ...... iv 1 CHAPTER 1 GOALS AND OBJECTIVES ...... 1-6 Introduction ...... 1 Overall Plan Goal ...... 1 Citizen Participation Considerations ...... 2 1 Environmental Considerations...... 2 Energy Conservation Considerations ...... 2 Aesthetic Considerations ...... 3 1 .. Economic Considerations ...... 3 Housing Consi,derations...... 4 Transportation Considerations ...... 4 Community Facilities and Utilities Considerations .... 5 I Land Use Considerations ...... 5 I CHAPTER 2 HOUSING PLAN...... ,...... 7-9 Introduction...... 7 General Recommendations ...... 7 Demonstration Projects ...... 9

CHAPTER 3 TRANSPORTATION PLAN...... 10-18

I Introduction...... 10 Official Highway System ...... 10 State Highway System Improvements ...... 12 I State Highway System Signalization Improvements ...... 12 Municipal Transportation System Improvements ...... 13 I CHAPTER 4 COMMUNITY FACILITIES AND UTILITIES PLAN...... 19-25 Introduction...... 19 r Cooperation, Coordination and Collaboration ...... 19 Joint Facilities ...... 20 Municipal Services ...... 20 . Municipal Authority ...... 21 ..... -I._ r School District ...... 22 t- I ii I Chapter Paqe

I- CHAPTER 5 LAND USE PLAN ...... 26-33

+ Introduction ...... 26 Long Range Land Use Patterns ...... 29 Future .Land Use Plan ...... 30 CHAPTER 6 IMPLEMENTATION ...... 34-40

Introduction ...... 34 Comprehensive Plan ...... 34 Zoning Ordinance ...... 34 Subdivision and Land Development Ordinance ...... 34 Official Map ...... 35 LERTA Ordinance ...... 35 Building Codes ...... 35 Municipal Services ...... 36 Technical and Financial Assistance ...... 37 Statement of Plan Interrelationships ...... 38 Statement of Relationship to Other Plans ...... 38 APPENDIX ...... 39

CZM Nonpoint Source Pollution Report ...... 1-13 CZM Lake Bluff/Shoreline Preservation Report ...... 1-5 PENNVEST Land Use Policy Initiatives ...... 1-2 PennDOT Sound Land Use Strategy ...... 1-5 PADEP Policy for Consideration of Comp . Plans ...... 1-17 Prime Agricultural Lands Preservation Guidelines ..... 1-10 Natural Resources Preservation Guidelines ...... 1-14 Historic Preservation Guidelines ...... 1-9 LIST OF MAPS Map Chapter Paqe

Regional Location ...... Intro V Long Range Highway System Plan ...... 3 14' Long Range Signalization and Channelization Plan . 3 Township Portion ...... 15 Borough Portion ...... 16 Road Name and Water Features (for reference) ..... 3 Township Portion ...... 17 1 Borough Portion ...... ia Long Range Water Distribution System Plan ...... 24 .... Long Range Sanitary Sewer Collection System Plan . 25:..--...... t . Area Topographic (for reference) ...... 27 Area Agriculture Programs (for reference) ...... 28 Long Range Land Use Plan ...... Township Portion ...... 32 Borough Portion ...... 33

iii INTRODUCTION

I. - Local comprehensive planning is not new to the communities of North East Borough and North East Township. This planning effort represents the third time in 30 years that the municipalities will 1- develop a background analysis of the study area, formalize the community development goals and objectives, and finalize the plan elements. The first planning endeavor was in the 1960's; the second plan document was adopted in 1983; with this endeavor resulting in the 1999 North East Area Background Analysis and the 2005 North East Area Comprehensive Plan. This Comprehensive Plan will assist the elected officials in developing a policy to guide decisions in regard to the physical development of the community. It is important to understand that the Comprehensive Plan, and its various elements, is not a legally binding document, and it does not take the form of an ordinance. When a community decides to adopt a comprehensive plan, it is accepting by resolution that the recommendations within the plan are the guidelines for future development and related government actions of municipal officials. The various elements of this Plan should be reviewed on a periodic basis in the future, and revised when unforeseen conditions. occur which reflect on the social, economic and physical makeup of the North East Area and its immediate adjacent area. The goals and objectives of the Plan and the policies upon which the Plan is based, should be regarded as a more permanent part of the document. It is intended that the goals and objectives of the plan represent the official philosophy of the governing body of the municipality and its planning commission. The elected and appointed officials of the North East Area are inescapably involved in questions of physical development. At most meetings of the Borough Council and Board of Supervisors and their Planning Commissions, development decisions must be made concerning zoning, subdivisions, utilities, facilities and so on. Public officials must plan for future demands on community services and fiscal outlays by which improvements to these services can be made. These officials need an instrument by which to inventory the community's resources and liabilities, and establish short and long range policies for the physical development of the community in a coordinated, unified manner that can be continually referred to in order to intelligently make these decisions. Such is the intent 1. behind the North East Area Comprehensive Plan. Probably the most difficult goal facing any community is the . .- _. . .

"I ...... development of a means for promoting and controlling orderly .---_ .._.-.,...... I.* growth. This Plan is an integral part of the municipal effort toward reaching that goal. Although other studies, together with ordinances and regulations, are or may become important to f- achieving the desired goals, the North East Area Comprehensive Plan should be the basis upon which those other documents are founded. iv RE Jffai0

f

-1-80

Erie County Department of Planning, 2000 CHAPTER 1

I GOALS AND OBJECTIVES -. Introduction L- The Comprehensive Plan is comprised of a series of recommendations which, if implemented, can assist in promoting and guiding future growth. The power to implement the Plan recommendations rests with the elected Board of Supervisors of North East Township and the Borough Council of North East Borough. It is this group of I individuals that decides when and what recommendations are to be executed. Properly conceived, the Plan can be an effective tool for assisting the local municipal officials in making intelligent 1 community planning decisions. t This Comprehensive Plan subsequently discusses the recommendations I for developing residential, commercial, industrial and public service areas by delineating proposed land use patterns. The Plan also makes recommendations concerning community and utility I facilities and services, and illustrates methods for improving the overall highway system. The Zoning Ordinance is a fundamental tool used to implement the land use and other portions of the Comprehensive Plan. The zoning requirements and districts in the ordinance must closely relate to the community's future needs, trends and resources, its physiographic characteristics, its roads and utility systems, and other factors identified in the Plan. It is the legal vehicle that provides the transition between the Plan and the reality of community development. Overall Plan Goal It is the overall objective of the North East Area Comprehensive Plan to develop and preserve a pleasant, attractive, healthy, safe, efficient and convenient community environment for living, working, I shopping and relaxing. This plan is intended to promote, to protect and to facilitate the public health, safety, morale and general welfare of the community. The plan aims at coordinated and practical community development through proper density of 1 population, and avoidance of land overcrowding. In addition, provisions will be made for adequate light, air, and the public infrastructure of transportation, water and sewage. In order to 1 avoid and/or minimize the loss of health, life or property from fire, flood, panic or other dangers,the plan will focus on proper - -- police and fire protection and related code enforcement programs. ---- ." I. Finally, the plan will promote the development of schools, public grounds and other public facilities to serve the residents of the 'I- community.

1 I t i Citizen Participation Considerations I. The public involvement general goal is to encourage continuous discussion among residents and business owners concerning the development of the community and encourage their participation in 1- public affairs. The public involvement specific objectives are to: -- have all business meetings of the local Planning Commissions, Supervisors, Council, and other public bodies in the community I advertised and open to the public; -- stimulate the interest of residents and business owners in local public affairs and encourage their attendance at 1 meetings of local public bodies; and -- encourage increased participation by residents and business 1 owners at public meetings. Environmental Considerations 1 The environmental general goal is to preserve and enhance the natural and cultural environments of the community. 1 environmental specific objectives are to: protect unique geologic, vegetative and other ecological areas to ensure variety in the environment, to serve as I outdoor education resources, to guard against damage to life and property, and to preserve the natural amenities; protect the groundwater resources in those areas that are dependent upon on-lot wells for potable water by such 1 methods as restricting the type and density of development in recharge areas; and discourage encroachment upon lake bluff and shorelines, 1 streams and their flood plains and wetlands, ponds, and high water table areas that threaten to degrade the natural condition of their waters and/or banks. 1 decrease point and non-point sources of pollution in the Great Lakes watershed and improve the health of the Great Lakes system; and encourage the use of Smart Growth techniques in new I development, including Growing Greener/Growing Smarter subdivisions, to implement the other environmental specific II objectives. Enersv Conservation Considerations - _.

-=.-. . _* The energy conservation general goal is to promote energy f conservation as a matter of serious public concern. The energy conservation specific objectives are to: r - I 2 1 i -- exercise public responsibility in providing direction to energy conservation efforts in the community; i -- promulgate efficient land use patterns that lead to efficient energy utilization; -- adopt land use and development controls, building codes and similar regulations that promote energy efficiencies and 1. revise or eliminate those that cause or encourage wasteful energy consumption; -- utilize alternate energy sources in all new governmental and institutional buildings when feasible; -- encourage the use of alternate energy sources in all other I public, residential, commercial, and industrial structures in the community; and I1 _- encourage all residents to adopt an energy conservation attitude. Aesthetic Considerations The aesthetic goal is to enrich the lives of all residents in the community by seeking to improve the aesthetic quality and visual I impact of the man-made environment and by preserving and enhancing the natural environment. I The aesthetic specific objectives are to: __ prevent the degradation of the scenic elements such as dense woodlands, water bodies, and steep slopes and hilltops by I relating all development to natural features; -- encourage the elimination, isolation, or screening of all visual distractions created by people; I -- encourage the use of landscaping and conservation practices to enhance the visual quality of the man-made environment; -- encourage placing utilities underground when practical and encourage attractive design or blending with the natural 1 environment when underground placement is not practical; -- encourage the protection of scenic views and vistas; and -- control the use of signs in terms of number, type, size and I location, and encourage aesthetics and attractiveness in their design; and -- prevent the degradation of the Historic District and I Historic Properties. Economic Considerations f- The economic general goal is to establish a diversified and enduring business structure in the community which provides . - __._ . residents with a variety of employment opportunities while at the, I same time preserving a healthful, secure, and pleasant residential environment. 1- The economic specific objectives are to:

3 I i provide for future commercial and industrial development by reserving adequate land areas through various methods, such I as zoning, planned unit development, office and industrial - I park development; provide for the concentration of commercial and industrial developments within selected areas by designating these 1- areas in the land use plan and supported by land use regulations; provide the necessary infrastructure that encourages business and industrial development, such as utilities, 1 streets, police and fire protection; reserve the economic development potential of the two 1-90 interchanges by retaining these areas for businesses and light industries; 1 discourage the intrusion of residential uses into existing and proposed commercial/industrial areas; and establish and perpetuate a public and private sector I relationship conducive to local economic development. Housinq Considerations I The housing general goal is to provide adequate housing for the present and future residents of the community. I The housing specific objectives are to: -- increase the supply of decent, safe and sanitary housing in I price ranges affordable to a wide spectrum of residents; -- provide for diversity in housing types and residential areas so that every family has a choice with respect to residential environment and life-style; I -- preserve the existing sound housing stock through public and private actions and incentives that encourage housing upkeep; 1. -- eliminate all dilapidated housing units by removing those units beyond salvage and by rehabilitating those deteriorating housing units that can be feasibly restored to I \I sound condition; and -- preserve the residential character and quality of viable residential areas. I Transportation Considerations The transportation general goal is to provide the safe and r convenient circulation and movement of goods and people within the community. _. --

~ .. - ./a_-,- I] The transportation specific objectives are to:

-- provide for safe and convenient traffic patterns in and F’ around the North East Area for residents as well as for t- those traveling to the Area for business or recreation; 1 4 i I i -- provide for safe and convenient traffic patterns through the North East Area, reasonably separated from the local routes, I for those traveling to, from, or between neighboring municipalities; -- coordinate and integrate the transportation systems of the community with that of the State; jL. -- provide for pedestrian walkways and non-motorized bikeways wherever warranted; -- provide for adequate off-street parking in all types of future developments; I -- encourage public mass transit services for those without cars and as a viable option to the private automobiles; and -_ provide adequate streets and highway systems in all future 1 residential, commercial and industrial subdivisions. Communitv Facilities and Utilities Considerations I The general goal for facilities, services, and utilities in the community is to provide the quantity and quality necessary to meet the physical, social, cultural, recreational, and esthetic I needs of the community and to do so in a timely and fiscally responsible manner. The community facilities and utilities specific objectives are I to:

a provide adequate police and fire protection; 1 provide adequate water, sewage, stormwater, and recycling services in all areas where existing or planned development or population densities warrants such services; I provide adequate public school facilities, including buildings and grounds that can serve as multi-use facilities; provide a community recreation program and facilities based 1 on the needs and desires of the local residents; promote the regional recreational potential within the North East Area with State assistance on the possible development 1 of regional facilities on Lake Erie (at the North East Safe Harbor/Marina, Freeport Beach Park, and at the mouth of Twentymile Creek) which have the primary general citizen access points to Lake Erie within the community, and I provide facilities and utilities in an orderly and timely manner by annually updating the Capital Improvements Program and Capital Budget to reflect the public facility needs of I- the community.

_- --I_ t Land Use Considerations , . *. -.I- The land use general goal is to provide and perpetuate a land use pattern in the community which includes a wide variety of i- interrelated land uses in proper proportion, which is able to function efficiently, which features an optimum degree of 1 5 I compatibility between land uses and between development and I’ natural environment, and which enhances the orderly timing of 1 development. The land use specific objectives are to: -- prevent undesirable land use relationships by avoiding the I- mixing of incompatible uses, yet still maintain neighborhood conveniences; -- encourage the concentration of land uses in discernible I clusters and limit both strip development and irregularly dispersed development patterns; -- discourage the indiscriminate spread of commercial and I industrial uses, particularly the encroachment of these uses upon existing or future residential areas; __ discourage the adverse sprawl of higher and medium density residential development into the rural areas; I -- promote innovative development concepts such as planned residential developments which encourage variety in neighborhood and architectural design; and -- employ appropriate land use controls to guide future uses I and densities of development in accordance with the I accompanying plan elements.

t- ...... - ...... t ...... > .---.-_. -I ...... t-

6 I

! CHAPTER 2 i HOUSING PLAN Introduction 1- Housing plays a major role in all our lives. For most households, it is the single largest investment. Its quality and location affect security, happiness and stability of families and have serious implications for the economic and social well being of our communities. When families buy housing, they purchase or rent more I than the dwelling unit and its characteristics. They are concerned with such factors as health, security, privacy, status, neighborhood and social relations, community facilities and I services, access to jobs, and the physical environment. The availability of safe, sound and attractive housing is a I significant community resource. If a community has an adequate supply of sound housing and the potential to expand its,housing stock according to future needs, it is usually considered as a desirable place to live and raise a family. However, if the I present housing stock is physically and functionally substandard with minimal opportunity for rehabilitation efforts or the construction of new housing units, then a community, or a 1 neighborhood within a particular community, may be considered as an undesirable living area or environment. The following recommendations for the community will help to achieve the Goals 1 and Objectives of the Comprehensive Plan. General Recommendations I There are numerous reasons why a municipal government should be concerned whether the local supply of affordable housing is adequate for those who live or work in the municipality now, and 1 adequate for new residents and workers of the future. There are legal reasons that require local officials to address affordable housing in the planning and administration of community change. 1 There are convincing economic reasons for many communities to encourage investment in affordable housing. Also, there are compelling social obligations that community leaders assume when I they act on behalf of the whole community's future. Of course, municipal governments cannot single-handedly solve their housing afford ability problems. They are not the only responsible I- agent nor are they the only agent of change. Furthermore, the tools at their disposal (in the Pennsylvania Municipalities._---- Planning Code) are limited and must also be used to protect and ;-:: =- t provide for many additional public interests. This suggests that, at the very least, an effective affordable housing strategy should be developed within the framework of the comprehensive planning t-- process and in coordination with other municipalities and with Federal and State agencies. The Erie County Housing and I 7 I i i Redevelopment Authorities, and the Erie County Department of Planning through its adopted Erie County Housing Plan, are local 1 agencies that have a number of housing related programs. Not surprisingly, many of the basic principles that underlie sound planning practice also apply to developing a workable affordable housing strategy. Regardless of the specific problems identified t- and the goals set, the following basic pointers should serve municipal leaders well as they begin to strategize and make 1 decisions about affordable housing. Keep a long-term perspective on both the problems and solutions for affordable housing. The problem will not be going away soon, nor will short-term or token solutions prove I adequate or lasting. Periodically review the status of the housing need, the I conditions of the marketplace, and the effectiveness of municipal approaches. Many factors beyond the control of municipal government contribute to both household income I levels and housing prices. Build a periodic review into the long-range strategy.

Balance affordable housing initiatives with other valid public . I interests. It is possible to preserve the character of a community and its significant natural landscape, and at the same time accommodate the housing needs of all income groups. I This requires an integrated, comprehensive approach to planning and zoning. 1 Provide a flexible orientation to the problem. Encourage new approaches or innovations, rather than a single proscriptive approach which may defeat the very intent of incentives for private affordable housing development. There is no "right" 1 way, but rather many different partial solutions that need a conducive environment in which to operate. 1 Seek cooperation with nearby municipalities and agencies, if not in the form of intermunicipal planning, at least in coordinating data collection on market conditions. The sooner 1 municipalities can work together and provide more opportunities for affordable housing development, the smaller the individual municipal burden becomes. I- Communicate with the public early on and keep them informed of study findings, proposed strategies and progress in program _.- t development. It is up to municipal leadership to convey thg- =~~~ \ social responsibility, the legal obligation, and the economic necessities behind the provision of housing for all income groups. The burden falls to local officials to correct misinformation and to educate the public about difficult t- policy choices. 1 8 I ~ ~~~ I -- Finally, acknowledge the unrepresented constituency of present and future residents . There-may be people now working in the I community but unable to live there, parents or children of current residents who someday may want to live near their family, as well as an unborn generation to be housed in the 1- next twenty years. And there are people already living in unaffordable housing with no apparent future alternative but overcrowded, unstable situations, public shelters, or finally c- homelessness. This hidden constituency has essentially no voice in the planning process, yet should be given some standing in the ongoing decisions being made for the future of i their community. The North East Area Comprehensive Plan has integrated affordable housing into growth and land use policies, and discourages I discriminatory and exclusionary uses of housing resources. The Plan further recommends that amendments to the municipal zoning ordinances, zoning maps, subdivision regulations, and housing related codes which will implement this Plan, provide for reduced 1 regulatory barriers to the development and preservation of affordable housing, and to provide viable alternatives to the pervasive reliance on separate single family houses on individually I maintained parcels. I Affordable Housinq One of the main objectives of this Housing Plan is to increase the availability of affordable housing for all sectors of the community. However, since “affordable housing” refers in many 1 cases to housing for families at or below 80% of the local median income, it may be the case that neighborhood resistance and developer skepticism are obstacles to the development of this sort I of housing, and in such cases municipal officials should support local demonstration projects. In this way, the community can demonstrate to the public as well as to private investors that such 1 housing is in demand in the area, it can be financially viable, that it can be integrated into the surrounding neighborhoods, and that the future residents of such developments can be excellent I neighbors. I 1: t I- I 9 I CHAPTER 3

TRANSPORTATION PLAN Introduction This portion of the North East Area Comprehensive Plan concerns the transportation improvements forthe community.These recommendations are designed to supplement the intent of the following Land Use Plan and in many instances play an integral part in the promotion of specific land use recommendations. When completed, these improvements will help to achieve the Goals and Objectives of the Comprehensive Plan. The specific descriptions of the transportation-related problems and potential are discussed in the Transportation Analysis section of the companion document, the 1999 North East Area Background Analysis. In general, these problems concern pedestrian/vehicular safety, bottlenecks, signing/signalization deficiencies, a nearly non-existent sidewalk system outside the central Borough, and incomplete segments of the highway system. Also included are transportation facilities to promote future residential and business development, and to alleviate congestion in anticipation of future large scale development. The various transportation recommendations are delineated both generally and specifically on the accompanying Long Range Highway System Plan Map and the Long Range Signalization and Channelization Plan Maps. The following narrative describes and explains the mapped transportation improvements, which are made to correct basic problems, to upgrade the street system as the opportunities present themselves, and/or to implement when the necessity requires it. A functionally and visually improved local transportation highway system will accommodate increases in traffic volume and the larger demand for vehicular parking, as growth and diversification occur within the various sectors of the community specifically, and in general, because of the newly designated Interstate 86 located just south of the North East Area. Official Hiqhway System It is recommended that the Pennsylvania Highway Functional Classification System, which was adopted officially by the State in late 1994, be recognized, and utilized as a basis for its future plan. See the accompanying Long Range Highway System Plan Map for reference . -

_I._. . -7

10 I I LONG RANGE HIGHWAY SYSTEM IN THE NORTH EAST AREA 1 CLASS IFI CAT ION FROM TO Principal Arterial : Interstate 90 Greenfield Twp. New York State Line !- US Route 20 Interstate 90 New York State Line Interstate 86 Interstate 90 New York State Line I Minor Arterial : US Route 20 Harborcreek Twp. Interstate 90 I State Route 89 US Route 20 Greenfield Twp. Major Collector: State Route 5 Harborcreek Twp. New York State Line I State Route 89 State Route 5 US Route 20 State Route 426 State Route 89 Greenfield Twp.

I Minor.Collector (State Roads) : Gulf Road US Route 20 Kerr Road I Kerr Road State Route 426 New York State Line Sidehill Road Harborcreek Twp. State Route 89 Moorheadville Road Harborcreek Twp . Interstate 90 I Townline Road Interstate 90 State Route 89 Minor Collector (Local Roads) :

1 N. Cemetery Road State Route 5 US' Route 20 Middle Road State Route 89 State Route 5 Hirtzel Road Middle Road US Route 20 1 Loomis Street US Route 20 State Route 426 Clinton Street US Route 20 State Route 89 I Locally Significant: Sunset Drive Mill Street State Route 89 Mill Street Sunset Drive Clinton Street I Pearl Street Sunset Drive Clinton Street Orchard Beach Drive State Route 5 US Route 20 Washington Street US Route 20 State Route 89 I: Vine Street US Route 20 Clay Street Clay Street State Route 89 Washington Street Wellington Street State Route 89 Washington Street Law Road S. Cemetery Road Washington Street __u r S. Cemetery Road US Route 20 Law Road Ackerman Lane S. Cemetery Road State Route 89 t- Local Road: All publicly maintained streets not listed above. I 11 I I

I State Hiqhway System Improvements I There are upcoming circumstances and projects that will directly I affect the highway system in North East Township between now and the long range future. There will be significant growth in the various land uses, with up to 20, 40, 60, 80 and 100 percent increases anticipated for institutional, residential, recreational, I- industrial, and commercial uses respectively. In addition to the general land use changes with the expected traffic increases, a number of specific highway system projects will alter traffic I patterns from mildly to dramatically. These highway system improvement recommendations are as follows. See the accompanying Long Range Highway System Plan Map. I - Grahamville Street is recommended to be extended east to the mobile home park. I - Gorniak Drive is recommended to be extended west and north to W. Law Road. I - Ackerman Lane is recommended to be realigned to connect directly across from Wellington Street.

- State Route 89 is recommended to be widened and improved from I the North East Borough line northwards to State Route 5, to allow for safer pedestrian and bicycle traffic. I State Hiqhway System Siqnalization and Channelization Improvements Just as important as improving the overall highway system with I better aligned roads and new connections, improving the traffic flow within the highway system is significant as well. The signalization and channelization recommendations are as follows. See the accompanying Township and Borough Long Range Signalization I and Channelization Plan Maps. Long range general signalization and channelization recommendations I correspond to a hierarchy of highway classification at intersections: the higher classification is the thru traffic road; when equal classifications intersect, then the higher traffic I volume is the thru traffic road; any classification with a major commercial/institutional entrance, then the classification is the thru traffic road; strings of signals should be synchronized; signals should be traffic activated for low volume roads and/or 11 time periods and with major commercial/institutional entrances; right turn lanes should be provided at all arterial-to-arterial __ intersections; left turn lanes should be provided at all- L:- . t classification-to-classification intersections; highway signals should be synchronized and traffic activated with nearby railroad signals; all highway classification at-grade crossings with t- railroads should be fully signed and signaled and gated; all fire and police stations located on any highway classification should I 12 I I

I have emergency activated signals and left turn lanes. Large scale channelization recommendations include: a continuous Ii- left turn lane on the Borough portions of State Routes 20 and 89; and create a close working relationship between the North East Area officials and PennDOT officials in the early development stages of 1- the Routes 89 & 20 corridor improvements. Of note, all signalization and channelization improvements on the highway system require PennDOT intersection feasibility studies to I objectively determine whether an improvement is justified at the time of request, and to what type and number of improvements are necessary to assist in maximizing traffic flow and safety. These improvements are not authorized by PennDOT for speed control I concerns. I Municipal Transportation Svstem Improvements North East Area officials maintain all dedicated local streets, which represent the bulk of the road miles in the municipalities I The local transportation system improvements are as follows: continue the on-going program to upgrade all municipally owned roads in both pavement type and width to community specification standards; continue the on-going program for repair and I maintenance; expand the on-going snow removal contract program for state owned roads which greatly accelerate response time; continue and limit the on-going safety street light program to include all I road intersections; continue the on-going street name sign program at all intersections. 1 It is recommended that the North East Area officials initiate and organize a municipally maintained walk/bike way system program with PennDOT connecting the major developed and developing areas in the Township that will substitute for the traditional privately I maintained sidewalk system for the more densely populated areas. The new walk/bike path system will eventually tie in with the existing Seaway Trails system, to all long range community-wide I recreational facilities, and with the Borough recreational facilities and central business district. The concept places a formally developed two-way path constructed along the outside edge I of the paved shoulder of the road (many pedestrians and bicyclists find moving along the edge of the actual road too intimidating). This "user friendly" concept will greatly enhance the distinctive rural aesthetic character of the Township, while providing for the I pedestrian transportation needs of the urban, suburban and village residents of the community with consistent and continuous __- . r. maintenance for year round use. -,- . In conjunction with the walk/bike path concept, all new and replacement bridges, tubes and culverts should be researched durinq the design phase-to investigate the feasibility of accommodating 2 t walk/bike path on one side. ! 13 I I LONG RANGE TRANSPORTATION PLAN MAP NORTH EAST AREA I I c-t

! Ii I I I 1 I I I I I I I r t- I Me County GREENFIELD TOWSHIP Department d Wadng i January, 2004 1 LONG RANGE SIGNAUZATION NORTH EAST AREA AND CHANNELIZATION PLAN MAP I NORTH EAST TOWNSHIP Channelization 1 -5-Lane - Center Lett -4-Lane -- Median -4-Lane - No Median ---%Lane - Center Left

1 0 Bridge Crossing Road Bridge Crossing Railroad I 1 I I I I I LONG RANGE SIGNALIZATION NORTH EAST AREA AND CHANNELIZATION PLAN MAP I NORTH EAST BOROUGH I Channelization ~ -%Lane -- Center Left -Realign Road I. 0 Bridge Crossing Road -Railroads I I 1 I 1 I I 1 1 I I I. t t- i MeCounty Department d Plannhg I Januaty 1004 I ROADS AND WATER FEATURES MAP NORTH EAST AREA

I

I I I I I I 1 I 1 1 I c t- I I NORTH EAST BOROUGH I ROADS AND WATER FEATURES 1 Roads -Rai I roads Water Features

1 I I I I I 1 I I I t. t. t-

Me County I Depanment d plennlng, ZOQl I

I CHAPTER 4 I COMMUNITY FACILITIES AND UTILITIES PLAN i Introduction This portion of the North East Area Comprehensive Plan concerns the I- public and semi-public services improvements for the community. These recommendations are designed to supplement the intent of the preceding Transportation Plan and the following Land Use Plan, and I in many instances play an integral part in the promotion of specific land use recommendations. When completed, these improvements will help to achieve the Goals and Objectives of the I Comprehensive Plan. It is important to note that the recommendations concentrate on the future physical development of the various community facilities and 1 1 public utility facilities, not on the purpose or function or internal administration of the services being provided. The need or desire of these services to acquire land or expand, maintain, reduce or vacate existing buildings and/or grounds all have a I definite affect on land use patterns. , 1 This Community Facilities and Utilities Plan is the result of the inventory and analysis presented in the companion document, the I 1999 North East Area Background Analysis. It is important to state 1 that the land use related policies endorsed here by the North East I Area officials have been carefully weighed between the general public interest and the services' rights in the use of their land. The following recommendations are given for each type of public or I semi-public service that may significantly affect land use patterns in the community. The general recommendations that follow are basic concepts for the specific recommendations for the individual 1 services. Cooperation, Coordination and Collaboration I A general recommendation for community facility and public utility agencies in the North East Area is the use of the above three concepts when developing plans for projects and implementing I programs which may affect other public or semi-public services. (An example might be a church desires to acquire land for recreational facilities that are already being adequately provided for by another church, a Township Park and the School District.) t- The duplication of effort that may result and the cost of new acquisition and facilities can be an inappropriate use of tax dollars and/or donated funds. By cooperating, coordinating and.. t collaborating on similar projects, public and semi-public services can provide better, and even more, programs with fewer facilities t on less land in the long range future. I 19 I I

Of note, a copy of the 60 page PA DCED publication I "Intergovernmental Cooperation Handbook" has been provided to the I North East officials and is made part of this Comprehensive Plan by reference. Joint Facilities 1- Another general recommendation along the same line of thought is the sharing of responsibility. Where the previous recommendation primarily involves future projects and programs, this recommendation concerns duplicated existing services and I facilities. It is commonplace that two or more nearby community facility or utility agencies perform similar functions and duties. It is much less common where such services have made the effort to I ilcombineforces!' to make one service from two. (An example of that is the Northwestern School District in western Erie County was formed from the union of the Springfield School District and the Albion Area School District.) By combining shared services or I functions or entire entities, public and semi-public services can better serve the residents of their communities in the long range 1 future. North East Municipal Services I The recommendations for the maintenance of full public service are as follows. Refer to the Future Land Use Plan Map, the Transportation Plan Maps, and the Public Utility Plan Maps for I visual location of improvements. Buildings and Administration: I North East Township provides all services from a cluster of buildings which are located centrally for ease of access on Main Street West, with no need to be expanded in the near future. Any 1 necessary building expansion can readily be accommodated south of the facility. The number of personnel is adequate at this time considering the numerous responsibilities of servicing the 1 Township's buildings, grounds, parks, vehicles, and street, sewer, water and storm sewer systems, etc. Additional full-time workers that may be hired in the future can be readily accommodated at the I existing Municipal Building. The North East Borough administrative functions were recently relocated into the newly acquired and renovated former Post Office I: building on Main Street West and are now adequate in size for the municipal administrative staff. The former Borough Municipal

Building located on Main Street East now has a positive secondary =~~.-~ r benefit of providing a separate field office for the around-the- clock Borough Police activities. Also, the number of personnel for the administration was less than adequate until recently. In addition to the current administrative staff, a first-time Borough t- Manager position has been created and filled in January 2000. The I 20 I I new administrative function can devote concentrated effort in: assisting the North East Borough Planning Commission in its ever I increasing subdivision/zoning review and planning related responsibilities; assisting the Municipal Authority as staff member; implementing the various recommendations within the 1 Comprehensive Plan through grant applications and project administration; and developing and maintaining updated land use related ordinances and building related codes. When the new Borough 1- Municipal Building complex is expanded to accommodate additional public services in the long range future, it is recommended that the name of the building be changed to the "North East Borough I Community Services Building" to reflect its multi-purpose function. Pedestrian Facilities: I It is recommended that the North East Area officials initiate and organize: a municipally-maintained walk/bike way system program with PennDOT; and that North East Borough should continue its sidewalk and its urban street tree maintenance and expansion I programs. 1 Recreational Facilities: It is recommended that the North East Area officials initiate a Streetscape Study and Plan to extend the visual improvements I package of landscaping, trees/shrubs, seating/sidewalk and historic lighting facilities for the central portions of the Borough outward from the "downtown" along State Routes 20 and 89 and around Gibson Park. It is recommended that a long range comprehensive Open Space I and Recreation Study and Plan be developed with the various public, semi-public, and private recreational service providers in the North East Area addressing a coordinated park system of State, I Township, Borough, public School District and private school sites which details the types of facilities and the timing of construction including integrating future facilities at the new I Township 20 Mile Creek Park, and the new Borough Heard Park. North East Area Municipal Authority I The creation of a North East Area Municipal Authority is recommended to be the primary mechanism for major capital improvements projects such as the sanitary sewer collection system, I the water distribution system, stormwater retention system, major recreational facilities, the sidewalk and walk/bike way system, and other public capital investments. The new Municipal Authority is recommended to be a comprehensive financing/operating agency t- (rather than an autonomous body) with the Township Board of Supervisors together with the Borough Council being the ultimate - -- decision maker and responsible enabling body. The recommendations . . --=-- - :- t for Municipal Authority consideration are as follows. Refer to the Transportation Plan Maps, the Water Distribution System Plan Map,

the Sanitary Sewer Collection System Plan Map, and the Future Land I t- Use Plan Map for visual location of improvements. I 21 I I The North East Area officials are recommended to formally adopt a "replacement of capacity@'policy. A normal part of this policy is I that all capital expenditures for the extension of the sewer and water (or other) systems to all new or expanding customers will be installed at the developers expense. A subtle, and important I clarification, should be that the calculated cost to replace the equivalent amount of capacity that the developer has taken away from the particular system shall be included as one of the capital I- expenditures. This payment for the replacement of capacity may be utilized immediately to update the system or placed in a capital improvements fund account. This policy would assist in establishing fair user fees, and help to avoid periodic moratoriums I on additional connections within different parts of the system in the community as development occurs in the future. I The Township is recommended to make extension decisions based on an established future service area for both the central water and sewer systems. The accompanying Long Range Water Distribution I System Plan Map and the Long Range Sanitary Sewer Collection System Plan Map indicate the future service areas for both utilities respectively. Although the maps appear to be simple, there are a number of goals or policies established by their delineation. I These future utility systemmaps coordinate with the following Long Range Land Use Plan Map. All urban, suburban and village areas delineated on the Future Land Use Plan Map are planned to be fully I accommodated with both water and sewer services. Possible future large scale industrial, institutional or residential facilities are planned to be accommodated, if located within a reasonable distance to existing systems and within the future service areas. I Concentrated development around the two 1-90 interchanges is being promoted and encouraged. Extensive strip development along major highways will not be accommodated. Lastly, developers are I discouraged from using designated rural and agrarian areas and should be aware that clustered developments outside the future service areas will have to rely on private individual group systems I rather than on the municipal central systems. North East School District I The recommendations for the North East School District officials consideration are as follows: I Participate in the development of a municipal walk/bike way system program with the North East Area officials, which involves: the utilization of existing (or future) road right-of-ways to develop 1- formal paved pathways to directly connect the regional recreational facilities of the State, Township, Borough,. School District, and other private, institutional and municipal agencies; and the --- - - utilization of the lands of the above mentioned recreational- ---,-- . t facilities to develop internally groomed trails, with the School District portion utilizing the existing school sites and any t additional future school site. I 22 I I I Closely coordinate the development of all new and replacement recreational and/or community-related facilities with. the North I East Area officials, so that both public service agencies do not provide duplicated or an over abundance of the same facilities in the future, through the development of a community-wide recreation I- plan detailing the types of facilities and timing of construction. I- I I I I I I I I I.. I t t: k I 23 I I LONG RANGE WATER NORTH EAST AREA I DlSTRlBUTION SYSTEM PUN MAP

%e Borough Service Area 1 Township 2000 Service Area c- Future Service Area

r

MeCounty Department d Plannhg I LONG RANGE SANITARY SEWER NORTH EASTAREA I COLLECTION SYSTEM PLAN MAP Borough Service Area 1- =Township 2000 Service Area c- Future Service Area I 1 I I 1 I I' I I 1 t t ..- t- 1 I

I CHAPTER 5 1 LAND USE PLAN Introduction 1. As the guide for future development, the Land Use Plan is designed to promote compatible land use patterns and discourage the haphazard use of land. Land is one of the most valuable resources, and municipal officials and landowners should feel responsible to develop land in an efficient and environmentally sound manner. The I land use planning process is the most logical approach to fulfilling that responsibility of wisely utilizing this resource. I Of ail of the elements which comprise the Comprehensive Plan, no other element is more important than the Land Use Plan. This Plan provides the framework for the orderly growth and development of I the community. Usually, the location of specific activities such as local parks; local social, religious and educational institutions; fire and police stations and municipal buildings; I etc. are determined in great part by land use patterns. In addition, land use controls, especially zoning ordinances, should be based upon the Land Use Plan. For Pennsylvania communities, the need for planning is officially recognized by Act 247 of 1968, as I amended, the Pennsylvania Municipalities Planning Code, which promotes the planning process as a prerequisite to zoning controls 1 and subdivision regulations. The Land Use Plan and accompanying Maps are the result of an inventory and analysis of existing population, economic and housing trends, transportation facilities, community facilities, public I utilities, and consideration of the compatibility of classifications along municipal borders, as presented in the I companion document, the 1999 North East Area Background Analysis. It is important to note that these plans are not zoning maps but rather recommended future land use plans. The role of zoning in I implementing this Plan will be discussed later. It is important to state, however, that the future land use policies endorsed here by the North East Area officials have been carefully weighed between the general public interest and individuals' rights in the use of 1 their land. The compatibility of the proposed classifications along the borders of the three surrounding municipalities was also taken into consideration. Of note, the recommended Land Use Plan t- was developed reflecting the full range of land uses which must be accommodated within the community and attempts to implement the- __ - previously stated Goals and Objectives to the fullest extent. .~,. F possible. The accompanying North East Area Topographic Map and the North East Area Agriculture Related Programs Map are included to be utilized as a visual reference and significant influence for the t future plan maps. 1 26 I

I AGRICULTURE PROGRAMS MAP NORTH EAST AREA

Development Rights Purchased Easement Purchase in Process I Agricultural Security Areas I

I Lonq Ranqe Land Use Patterns The accompanying Long Range Land Use Plan Map represents the maximum intensity and diversity of development that can be expected to occur over the next 20 years if a lower density scenario was chosen and the business and population growth projections hold true in the future. The traditional "below ground" infrastructure was I- utilized as the basis for the land use patterns and include the current and proposed public water, sanitary sewer and natural gas service areas as each overlaps and expands at differing rates into I the future. The full range of acceptable development patterns were taken into consideration by the North East Area officials to choose from for I the final land use plan. The lower density concept delineates the maximum legitimate preservation of the existing uses which still accommodates modest population and business projections. The 1 higher density concept delineates the maximum legitimate development potential by accommodating robust population and business projections. A medium density concept delineates a middle I ground between the two extremes, where a number of variations are possible depending on circumstances. The following bar graph compares this full range of possible I densities numerically with generalized percentages. The North East Area officials chose the lower density concept, which the I accompanying Long Range Land Use Plan Map represents. Future Land Use Plan The accompanying Long Range Land Use Plan Maps represent the I integration of all the trends delineated in the 1999 North East Area Background Analysis, and the intent of the Goals and Objectives, Housing Plan, Transportation Plan, and Community 1 Facilities and Utilities Plan in this Comprehensive Plan. Of note, the lower density land use patterns in this Chapter was chosen as the final consideration for the development of the future land use 1 plan (instead of either the medium or higher density possibilities). This decision was made based on the public input . for this planning effort and on numerous other Council, Supervisor, Planning Commission and Authority meetings conducted on the various 1 projects and programs of the municipalities in the recent past - It is observed that the consensus of the residents perceive the Township to have'a strong rural character, and the Borough to have r a strong central town character, and those distinctions should be maintained. The accompanying Land Use Plan Map is designed to __ - accomplish that community standard. The next step is to develop a- -lzEk-.=- .* specific zoning map to reflect the intent of the Long Range Land , I- Use Plan Map. See the following Implementation Chapter. Following is a general description of the various land use I- categories delineated on the Land Use Plan Map.

1 29 I POSSIBLE FUTURE LAND USE PATTERNS COMPARISON Category Breakout by Generalized Percent

I 30

rc 0 ~15 ea, a, r L n 10

INDUSTRIAL COMMERCIAL INSTITUTIONAL RECREATIONAL URBAN SUBURBAN RURAL AGRICULTURAL RESIDENTIAL RESIDENTIAL RESIDENTIAL Land Use Categories DHIGHER DENSITY OMEDIUM DENSITY .--. .LOWER DENSITY

.. ,I Prime Agricul turd - This classification recognizes the unique lake-plain wine and fruit processing region that predominates the southern shoreline of Lake Erie on both sides of the Pennsylvania/New York border. Rural/Single Family Residential - This classification includes land used for single-family detached dwellings arranged individually and in basically non-organized groupings with land used for general agricultural use. Suburban/All Residential - This classification includes land used for all basic forms of housing including single-family detached dwellings and for housing structures for more than one family. It includes single-family attached dwellings (such as duplexes, townhouse, and condominiums) , apartment buildings, planned residential developments, and similar uses, arranged individually or in organized groups or cluster groupings. Urban - This is used to denote North East Borough on the North East Township Long Range Land Use Plan map and is not a separate land use classification. Urban Single Family Residential - This classification includes land used for single-family detached dwellings in North East Borough, currently served by public water and sewer systems, and is recommended to have an overall density of greater than one dwelling unit per acre. Urban All Residential - This classification includes land used for all basic forms of housing in North East Borough, currently served by public water and sewer systems, including single-family detached dwellings and for housing structures for more than one family. It includes single-family attached t dwellings (such as duplexes, townhouse, and condominiums) , and apartment buildings. The recommended overall density is greater than one dwelling unit per acre. Urban Residential/Professional Services - This classification includes land used for all basic forms of housing in North East Borough, currently served by public water and sewer systems, including single-family detached, single-family attached, and multi-family dwellings. The recommended overall density is greater than one dwelling unit per acre. This tr classification also includes land used for professional service offices, including but not limited to engineering- -

firms, architecture firms, doctors, dentists, insurance firms, .-.----.--- __L and other similar professional offices. Such firms shall have a minimum impact in terms of traffic generation, noise, and hours of operation on the general residential quality of the t- area -

30 I

I Commercial - This classification includes land used for the purpose of supplying commodities or services to the general public. Included are uses relating to both retail and I wholesale trade, professional and personal services, general office facilities, sales and service, entertainment, I- restaurants, motels or hotels, and similar uses. Industrial - This classification includes land used for facilities involved in the mechanical or chemical transformation of substances into new products. Included are I manufacturing, processing, packaging, storage, warehousing, power, treatment or filtration plants, research laboratories, and similar uses. I Public Recreational - This classification includes land used for public parks, playgrounds, and other recreational I facilities. Institutional - This classification includes land used for churches, cemeteries, municipally-owned properties (including 1 municipal buildings, garage facilities, and water and sewer system facilities), other government buildings, schools and colleges, the McCord Library, the fire departments, and all I other tax-exempt properties. Conservation - This classification recognizes the unique characteristics of the major streams, ponds, and wetlands and 1 the natural greenways created by them. Preservation of these natural amenities is highly recommended. These areas are considered an overlap district to be utilized with any future 1 conservation subdivision design program. I I 1 t

_.- .- - - .. . . - . , .. L ._*. ..,..-- ...... ,> /.- t- 1 3.1 I LONG RANGE LAND USE PUN MAP NORTH EASTAREA NORTH EAST TOWNSHIP I f Prime Agricultural L RuraVSingle Family Residential I SuburbadAll Residential c- I. Urban

. ._ .--.,,. . . -. .,...,.,. ., ....

Erie County DepWmnt of Hannlng I FUTURE LAND USE PLAN MAP NORTH EASTAREA I NORTH EAST BOROUGH :I I-- 'I I I I I I' 1 I I 1 I __ ......

-r...... L -I ...... :-, t I CHAPTER 6 IMPLEMENTATION Introduction The North East Area Comprehensive Plan is a study which designates a recommended course for both future development and preservation. It should be viewed primarily as a framework for action; a flexible guide rather than a rigid document. It consists of a series of 1 general concepts and specific recommendations in the fields of housing, transportation, community facilities, public utilities and land use. This guide for action section of the Plan will take those concepts and recommendations and establish short and long range I implementation strategies for the North East Area community. Comprehensive Plan I ' Upon finalization of this study, the North East Borough Council and the North East Township Board of Supervisors should formally adopt 1 the 2004 North East Area Comprehensive Plan. The adoption process should follow the requirements of the Pennsylvania Municipalities Planning Code, Act 247 of 1968 as amended (Act 247). The adoption process includes: proper advertisement; public meeting (s) by the 1 Borough and Township Planning Commissions; a public hearing by the Borough Council and the Board of Supervisors; the submittal for review and comment to the surrounding governments of the Townships of Harborcreek and Greenfield, the North East School District, and I the County of Erie; then adoption at a public business meeting. I Zoninq Ordinance No single document is more important than a municipal zoning ordinance to assist in implementing many of the concepts and I recommendations delineated in this Comprehensive Plan. After the adoption phase of this Plan, the North East Area officials should use this document as a guide to update the zoning ordinances and 1 maps with the intent of this Comprehensive Plan as adopted, and with Act 247, as most recently amended. (See also the following Municipal Services Section in this Chapter.) 1 Subdivision and Land DeveloDment Ordinance A companion land use control to the zoning ordinance to assist in r implementing this Comprehensive Plan is the municipal subdivision ordinance. After the adoption phase of this Plan, the North East--. ... Area officials should use this document to update the a~divisio~~:~.~~,~~~.---~:.:::;ST";.: r and land development ordinances to be in compliance with the intent of this Comprehensive Plan, with Act 247 as most recently amended, t- and with the amended Zoning Ordinance, as finalized. 1 34 I I

I Official Map North East Township has the option to enact an official map through I Act 247 which may show appropriate elements of the Comprehensive Plan with regard to public land and facilities. In order to assist the implementation of this Comprehensive Plan, North East Township officials should consider adopting an Official Map Ordinance to 1- include the reservation of: rights-of-way to implement the Transportation Plan; park land; and other proposed municipal i facilities. LERTA Ordinance North East Borough and Township have the option to enact local I economic revitalization tax assistance (LERTA) regulations. As a . point of reference, the Township currently has a LERTA Ordinance. The land area covered is an industrial site. In order to promote I the urban and suburban development of the community and to assist business developers in defraying the cost of the utility and other infrastructure requirements, North East Area officials should I consider expanding the LERTA Ordinance to encompass the proposed 1-90 business districts which are planned to contain light industrial uses. I Buildinq Codes North East Borough and Township have the option to enact local I building regulations for the protection of public health, safety and welfare under the Borough Code and Second Class Township Code. Available local codes include: building, one and two-family dwelling, electrical, plumbing, natural gas, mechanical, 1 industrialized dwelling, fire prevention, and property maintenance. After the adoption of this Comprehensive Plan, the North East Area officials should update their building regulations to be in I compliance with the intent of this Comprehensive Plan, the updated Zoning Ordinance and the updated Subdivision and Land Development Ordinance, and be in compliance with the new State Uniform I Construction Code regulations. I t- t t- I 35 I Municipal Services During the amendment process of the above land use controls, and in order to implement various sections of this Comprehensive Plan, the North East Area officials should consider including the appropriate best management practices to minimize nonpoint source pollution to the extent possible, which involve the coastal watersheds. See the I- accompanying Appendix-Nonpoint Source Pollution Report. The North East Area officials should pursue any and all avenues to cooperate, coordinate and collaborate with each other and the I surrounding townships on existing and proposed municipal services. Short range projects could be the group purchases of materials and supplies, the sharing of equipment and facilities on an at-cost I basis, the sharing of personnel, and the development of joint transportation, recreational and/or library facilities. I For the above same reasons, the North East Area officials should continue to be an active member of: the North East Area Chamber of Commerce, the PADEP Coastal Zone Management Steering Committee, the I PennDOT Erie Metropolitan Planning Organization, the Erie County Planning Commission, and the Erie County Associations of Borough and Township Officials. I The North East Area officials should consistently administer the newly readopted Borough and Township Stormwater Management Ordinances pursuant to the adopted Erie County Lake Erie Watershed 1 Stormwater Management Plan for new development projects. The North East Area officials should continue to actively enforce I their floodplain management regulations and their bluff setback regulations. See the accompanying Appendix-Lake Bluff/Shoreline Preservation Report. 1 North East Township should continue to maintain and expand. its Agricultural Security Area Program and the closely related County Agriculture Conservation Easement Program in the delineated Rural I and Agricultural areas, and actively discourage them from the delineated growth areas. Of note, a copy of the 60 page PADCED publication 1 IIIntergovernmental Cooperation Handbook" has been provided to the North East Area officials and is part of this Comprehensive Plan by t reference . L t I 36 I Technical and Financial Assistance f No community could implement a majority of the recommendations in ! a local comprehensive plan without technical and financial assistance from Federal, State, and regional agencies. The North East Area officials have in the past and are presently working on projects with the State District Offices of the Departments of 1- Community and Economic Development, Environmental Protection and Transportation located in Erie, Meadville and Franklin, respectively. However, the numerous assistance programs and I services available to small towns and rural townships from these and other agencies has not been readily known or available. The newly reorganized PADCED has developed the "Growing Smarter I Toolkit" which is a catalog of financial and technical resources available in Pennsylvania. Of note, a copy of this 50 page publication has been provided to the North East Area officials and I is part of this Comprehensive Plan by reference. As a desk reference to small towns and rural townships, the Center 1 for Rural Pennsylvania has developed a "Rural Access Guide." The Guide provides useful information onvirtually hundreds of the most commonly utilized Federal, State and regional programs and services for rural communities in Pennsylvania. A number of the delineated ! programs and services from the Rural Access Guide will assist in implementing the Goals and Objectives of this Comprehensive Plan, and are aimed at local governments, authorities, community based 1 agencies and educational institutions. The current "Rural Access Guide" is available on the internet at www.ruralpa.org and a monthly magazine is available as well. The Rural Access Guide should be thoroughly reviewed by the various local municipal and. I community agencies to determine which of these apply to the needs or desires of the Borough and Township to implement the general concepts and specific recommendations that are contained in the 1 North East Area Comprehensive Plan. In an effort to assist municipalities with a means of promoting and I controlling orderly growth, the PENNVEST Board adopted Land Use Policy initiatives in late 2000. This statewide public infrastructure lending institution's compatibilityrequirements for its funding only strengthens the argument for a thoroughly updated 1 municipal Comprehensive Plan. Of note, PennDOT and the PADEP also developed similar planning/land use controls compatibility requirements in late 2001. A complete outline of these state r agencies' policy coordination with the Pennsylvania Municipalities Planning Code, Act 247 of 1968 as amended, and with local municipal- - - planning efforts can be found in the following Appendix. Alsa -- - *.. r included in the Appendix are Erie County Guidelines for Prime Agricultural Lands Preservation, Natural Resources Preservation, t and Historic Preservation. I 37 I 1

I Statement of Plan Interrelationships i The ,interrelationships among the four plan components of the I housing plan, transportation plan, community facilities/utilities plan, and the land use plan are complete. No single component was developed to stand alone or to dictate total control over the other components. The primary direction of each component influenced the I direction of the other plans until all components of this Plan were integrated together. The four integrated plans were developed to implement the statement of the general goals and specific ! objectives made at the beginning of this Comprehensive Plan. Statement of Relationship to Other Plans I As part of the background analysis of this Plan, the existing development of all four contiguous communities of Ripley Town and Mina Town (New York) and Harborcreek and Greenfield Townships were I investigated and analyzed. The proposed development of both North East Borough and North East Township are directly related in composition and density so as to complement, rather than compete t for, various types of land use. The existing comprehensive plans for the adjacent communities were taken into consideration for the proposed transportation improvements and public water and sewer I service areas. The objectives for development for the County of Erie were also taken into 'consideration, with the specific development of the I North East Area Demographic Analysis and Population Projections Report which has become a component of the 1999 North East Area Background Analysis. This municipal Comprehensive Plan is generally I consistent with the adopted Erie County Comprehensive Plan package; the most recent elements of which were adopted in December 2003. Lastly, the regional trend of major industrial and business parks and the regional concerns of sprawl and agricultural lands I protection have also been carefully integrated into the plan components of the 2004 North East Area Comprehensive Plan. I I r t t- I 38 APPENDIX TO THE 2004 NORTH EAST AREA COMPREHENSIVE PLAN

CZM NONPOINT SOURCE POLLUTION REPORT CZM LAKE BLUFF/SHORELINE PRESERVATION REPORT PENNVEST LAND USE POLICY INITIATIVES PENNDOT SOUND LAND USE STRATEGY PADEP POLICY FOR CONSIDERATION OF COMPREHENSIVE PLANS & ZONING ORDINANCES PRIME AGRICULTURAL LANDS PRESERVATION GUIDELINES NATURAL RESOURCES PRESERVATION GUIDELINES HISTORIC PRESERVATION GUIDELINES

f t I. I CZM NONPOINT SOURCE POLLUTION REPORT

i

i I I i ! NONPOINT SOURCE POLLUTION REPORT I Water quality remains one of the most important environmental problems facing the United States. In coastal areas, beach closures, prohibitions on harvesting shellfish, and loss of I. biological productivity in coastal habitats are evidence of water quality impairment. Based on an assessment of 75% of United States estuarine waters, current best estimates are that 35% of these I i waters are impaired and 10% are threatened. Coastal waters are affected by both point and nonpoint sources of pollution, with the latter a significant and, in many cases, the dominant form of pollution in a given water body. Nonpoint source I pollution generally results from land runoff, precipitation, atmospheric deposition, drainage, seepage or hydrologic I modification. Technically, the term "nonpoint source" is defined i to mean any source of water pollution that does not meet the legal definition of "point sourcell in section 502(14) of the Clean Water Act. That definition states: I The term "point sourcell means any discernible, confined i and discrete conveyance, including but not limited to I any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, or vessel or other floating craft, from which pollutants are or may be discharged. This I term does not include agricultural storm water discharges and return flows from irrigated agriculture. Nonpoint pollution is the pollution of our nation's waters caused I by rainfall or snowfall moving over and through the ground. As the runoff moves, it picks up and carries away natural pollutants and pollutants resulting from human activity, finally depositing them 1 into lakes, rivers, wetlands, coastal waters, and ground waters. In addition, hydrologic modification is a form of nonpoint source pollution that often adversely affects the biological and physical 1 integrity of surface waters. NPS pollution comes from diffuse sources and can be traced to activities of daily living. For example, stormwater runoff from I parking lots can carry sediment, oil and pollutants to lakes, streams, and other coastal waters. t In response to our nation's continuing water quality problems, Congress, in its 1990 reauthorization of the Coastal Zone-

Management Act, recognized the harmful effects of NPS pollution on E=-- 4% t coastal waters. Section 6217 of the Act, the Coastal Nonpoint Source Program, requires States with approved coastal zone programs to mitigate nonpoint sources of pollution that have an impact on or

1 ;I! threaten coastal waters. Consequently, Pennsylvania is required to ensure that adequate measures are available to reduce NPS pollution in its two Coastal Zones - located in the Delaware Estuary and Lake Erie. Pennsylvania has been directed to include in its program the tributary streams to its coastal waters, including the Schuylkill 1. River in southeastern Pennsylvania, and the Lake Erie tributaries. The Environmental Protection Agency (EPA) and the National Oceanic and Atmospheric Administration (NOAA) have identified management measures that will provide guidance to the States as they address NPS pollution. The proposed document guidance groups NPS into five major categories, which include: urban runoff, agriculture, forestry, marinas and hydromodification. In addition, the loss and degradation of wetlands and riparian areas has had an adverse impact on coastal water quality, so these areas are addressed as well, immediately following the management measures summary for hydromodification. The management measures for each of these five major types of pollutant source groups, which are delineated below, are described in terms of management systems rather than individual practices. Many of these systems include actions that reduce the generation of pollutants - a preventive approach - as well as actions to keep pollutants from reaching surface or groundwaters. This type of approach can be favorably compared to the use of treatment "trains" or a series of treatment steps used in most point source waste treatment systems. In addition to management measures, the guidance document also describes practices which are illustrative of more specific approaches that may be taken to implement the more broadly described management measures. All of the following information has been taken from a series of briefs entitled Coastal Nonpoint Pollution Manasement Measures Guidance, published by the U.S. Environmental Protection Agency in January, 1993. The five major types of pollutant source groups and their accompanying management measures are as follows: Agriculture: The primary agricultural nonpoint source pollutants are nutrients (particularly nitrogen and phosphorus), sediment, animal wastes, pesticides, and salts. Agricultural nonpoint sources enter surface water through direct surface runoff or through seepage to ground water that discharges to a surface water outlet. Various farming I activities result in the erosion of soil particles. The sediment produced by erosion can damage fish habitat and wetlands and, in------addition, of ten transports excess agricultural chemicals resulting..-.;---.-=-=.;--~ r in contaminated runoff. This runoff in turn affects changes to aquatic habitat such as temperature increases and decreased oxygen. The most common sources of excess nutrients in surface water from t- nonpoint sources are chemical fertilizers and manure from animal 2 facilities. Such nutrients cause eutrophication in surface water. Pesticides used for pest control in agricultural operations can also 'contaminate surface as well as groundwater resources. Return flows, runoff, and leachate from irrigated lands may transport sediment nutrients, salts, and other materials. Finally, improper grazing practices in riparian, as well as upland areas, can also cause water quality degradation. Sediment/Erosion Control - Soil erosion is one of the leading causes of water pollution in the United States. The goal of this measure is to minimize the delivery of sediment from agricultural lands to receiving waters. Land owners have a choice of one of two approaches: 1) apply the erosion component of the U.S. Department of Agriculture's Conservation Management System through such practices as conservation tillage, strip cropping, contour farming, and terracing or, 2) design and install a combination of practices to remove settleable solids and associated pollutants in runoff for all but the larger storms. Confined Animal Facility - Animal waste contaminates many of our waters with pathogens and nutrients. The management measure for all new facilities and existing facilities over a certain size is to limit discharges from confined animal facilities to waters of the United States by storing wastewater and runoff caused by all storms up to and including the 25 year, 24 hour frequency storm. For smaller existing facilities, the management measure is to design and implement systems that collect solids, reduce contaminant concentrations, and reduce runoff to minimize the discharge of contaminants in both facility wastewater and runoff caused by all storms up to and including 25 year, 24 hour frequency storms. This measure also specifies management of stored runoff and solids through proper waste utilization and use of disposal methods which minimize impacts to surface/groundwater. Nutrient Management - This measure calls for development and implementation of comprehensive nutrient management plans. The fundamentals of the comprehensive nutrient management plan include a nutrient budget for the crop, identification of the types and amounts of nutrients necessary to produce a crop based on realistic crop yield expectations, and an identification of the environmental hazards of the site. Other items called for in the measure include soil tests and other tests to determine crop nutrient needs and proper calibration of nutrient equipment. - __ Pesticide Management - This measure is designed to minimize water. ?-L=,-=.-;-* r quality problems by reducing pesticide use, improving the timing and efficiency of application, preventing backflow of pesticides into water supplies, and improving calibration of pesticide spray t- equipment. A key component of this measure is use of integrated

3 pest management (IPM) strategies. IPM strategies include evaluating current pest problems in relation to the cropping i history, previous pest control measures, and applying pesticides only when an economic benefit to the producer will be achieved, i.e., application based on economic thresholds. If pesticide applications are necessary, pesticides should be selected based on 1. consideration of their environmental impacts such as persistence, toxicity, and leaching potential.

I - i Livestock Grazing The goal of this measure is to protect sensitive areas. Sensitive areas include streambanks, wetlands, estuaries, ponds, lakeshores, and riparian zones. Protection is I to be achieved with improved grazing management that reduces the i physical distance and direct loading of animal waste and sediment caused by livestock by restricting livestock access to sensitive areas through a range of options. In addition, upland erosion is to be reduced by either: 1) applying the range and pasture !I components of a Conservation Management System, or 1) maintaining the land in accordance with the activity plans established by either the Bureau of Land Management or the Forest Service. Such techniques include the restriction of livestock from sensitive I areas through locating salt, shade, and alternative drinking I sources away from sensitive areas, and providing livestock stream i crossings. Irrigation - This measure promotes an effective irrigation system that delivers necessary quantities of water yet reduces nonpoint 1 pollution to surface waters and groundwater. To achieve this, the measure calls for uniform application of water based upon an accurate measurement of cropwater needs and the volume of irrigation water applied. When applying chemicals through I irrigation (a process known as chemigation) , special additional precautions apply. The measure also recognizes that States' water laws that conflict with the measure will take precedence over the I measure. 1 Forestry : Silvicultural nonpoint source pollution impacts depend on site characteristics, climatic conditions, and the forest practice I employed. Sediment, nutrients, pesticides, and temperature are pollutants commonly associated with forestry activities. Preharvest Planning - the objective of this management measure is [- to ensure that silvicultural activities, including timber harvesting, site preparation and associated road construction, are- - -- -

conducted in a way that takes into account potential nonpointx- -:-= %%*= source pollutant delivery to surface waters. Preharvest planning I has been demonstrated to play an important role in the control of nonpoint source pollution and efficient forest management operations. Components of this measure address key aspects of r - .I 4 'j forestry operations relevant to rater quality protection, including the timing, location, and design of harvesting and road construction, the identification of sensitive areas or high erosion/hazard areas; and the potential for additional cumulative contributions to existing water quality impairments. Streamside Special Management Areas - This management measure establishes areas along surface waters that are managed to protect the water quality of the adjacent waterbody. Streamside Management Areas (SMAs) protect against soil disturbance and reduce the delivery to water-cools of sediment and nutrients from upslope activities. Canopy species in SMAs shade waterbodies, which moderates water temperature, and provide the detritus that often serves as an energy source for stream ecosystems. Trees in the SMA also provide a source of large, woody debris to waterbodies. Road Construction/Reconstruction - Road construction is often the largest source of silviculture-produced sediment. The purpose of this management measure is to reduce the generation and delivery of sediment from road construction or reconstruction. This is to be accomplished by following the preharvest plan layouts and designs for the road system, incorporating adequate drainage structures, and properly installing stream crossings. Other components of this measure include avoiding constructing roads in SMAs, removing debris from streams, and stabilizing areas of disturbed soil such as road fills. Road Management - The objective of this management measure is to manage existing roads to prevent sedimentation and pollution from runoff transported materials. This management measure describes how to manage existing roads to minimize erosion, maintain stability, and reduce the risk of failure or decreased effectiveness of drainage structures and stream crossings. Components of this measure include the use of inspections and maintenance actions to prevent erosion of road surfaces and ensure the continued effectiveness of stream crossing structures. The measure also addresses appropriate actions for closing roads that are no longer in use. Timber Harvesting - This management measure is intended to reduce NPS pollution resulting from timber harvesting operations. The measure includes components for the location of landings, for the operation of groundskidding and cable yarding equipment, and for the prevention of pollution from petroleum products. Harvesting ’ practices that protect water quality and soil productivity can also reduce total mileage of roads and skid trails, lower equipment- -

maintenance costs, and provide better road protection and reduce- ---=-*-*% -%> road maintenance. Appropriate skidtrail location and drainage and proper harvesting in SMAs are addressed by this measure. Erosion from the siting and operation of timber harvest operations can be reduced by conducting preharvest planning.

5 i i

! Site Preparation and Forest Regeneration - In some areas i mechanical site preparation is of great concern for potential impacts to water quality. This is especially true in areas that i have steep slopes on highly erodible soils, or where the site is located in close proximity to a waterbody. Careful regeneration of harvested forest lands is important in providing water quality protection from disturbed soils. This management measure is 1 intended to reduce the impacts of mechanical site preparation and regeneration operations and to confine on-site potential nonpoint source pollution. Components of this measure address keeping slash materials out of drainages, operating machinery on the contour and 1 protecting the ground cover in ephemeral drainages and SMAs. Fire Management - Prescribed burning is aimed at reducing slash and competition for nutrients among seedlings and protecting I against wildfire. Prescribed fires that burn intensely on steep slopes in close proximity to streams and that remove most of the 1 forest floor and litter down to the mineral soil, are most likely i to adversely affect water quality. The purpose of this management measure is to reduce the potential nonpoint source pollution and i 1 erosion resulting from prescribed fire for site preparation and i from methods for suppression of wildfire. Prescribed fires should be conducted under conditions to avoid the loss of litter and incorporated soil organic matter. Bladed firelines should be 1 stabilized to prevent erosion, or practices such as handlines, i firebreaks, or hose lays should be used where possible. Revegetation of Disturbed Areas - Revegetation of areas of i disturbed soil can successfully prevent sediment and pollutants associated with the sediment (such as nutrients) from entering nearby streams. The objective of this management measure is to reduce erosion and sedimentation by the rapid vegetation of areas i of soil disturbance from harvesting and road construction. The disturbed areas to be revegetated are those localized areas within I harvest units or road systems where mineral soil is exposed or (. agitated such as road cuts, fill slopes, landing surfaces, cable corridors, or skidtrails. Forest Chemical Management - Chemicals used in forest management I are generally pesticides (insecticides,herbicides, and fungicides) and fertilizers. Since pesticides may be toxic, they must be properly mixed, transported, loaded, and applied and their 1 containers must be properly disposed of to prevent potential nonpoint source pollution. Fertilizers must also be properly handled and applied since they also may be toxic or may shift r surface water energy dynamics, depending on the exposure and concentration. The objective of this management measure is to-.-- __ ensure that the application of pesticides and fertilizers does not-,, ..& lead to contamination of surface waters. Components of this r measure include application by skilled workers according to label instructions, careful prescription of the type and amount of chemical to be applied, and the use of buffer areas for surface t- waters to prevent direct application or deposition.

I 2 6

! i Wetland Forest Management - Forested wetlands provide many beneficial water quality functions and provide habitat for aquatic life. The purpose of this management measure is to protect the aquatic functions of forested wetlands. Urban Runoff: Urbanization has been linked to the degradation of urban waterways. The major pollutants found in runoff from urban areas include sediment, nutrients, oxygen-demanding substances, road salts, heavy metals, petroleum hydrocarbons, pathogenic bacteria, and viruses. Suspended sediments constitute the largest mass of pollutant loadings to receiving waters from urban areas. Construction is a major source of sediment erosion. Nutrient and bacterial sources of contamination include fertilizer usage, pet wastes, leaves, grass clippings, and faulty septic tanks. Petroleum hydrocarbons result mostly from automobile sources. New Development - The new development management measure is intended to mitigate the effects of new development on water quality. This measure specifies that runoff from new development be managed so as to meet two conditions: 1) The average annual total suspended solid (TSS) loadings after construction is completed is reduced: a) by 80 percent, or b) so that they are no greater than predevelopment loadings; and 2) To the extent practicable, post-development peak runoff rate and average volume are maintained at levels that are similar to predevelopment levels. Watershed Protection/Site Development - The purpose of these measures is to encourage comprehensive planning for development on a water shed scale and for small scale site development as well, , including planning and designing to protect sensitive ecological areas, minimize land disturbances and retain natural drainage and vegetation whenever possible. Construction Erosion/Sediment Control - The purpose of this measure is to reduce erosion and transport of sediment from construction sites to surface water. A sediment and erosion control plan should be developed and approved prior to land disturbance. This measure applies to construction sites of less than 5 acres. Construction Site Chemical Control - This measure addresses the-- transport of toxic chemicals (-0 surface water by limiting the. X;;;:-:.LX:.:.G application, generation, and migration of chemical contaminants (1-e., petrochemicals, pesticides, nutrients) and providing proper storage and disposal.

7 Existing Development - This measure addresses reduction of pollution loadings from already developed areas. Watershed management programs should be developed that identify the sources, specify appropriate controls such as retrofitting or the establishment of buffer strips, and provide a schedule by which these controls are to be implemented. 1. New Onsite Disposal Systems - This measure addresses nutrient/pathogen loadings to surface water from new onsite disposal systems. The measure specifies that new onsite disposal systems (OSDS) are to be designed, installed and operated properly and to be situated away from open waterbodies and sensitive resources such as wetlands and floodplains. Protective separation between the OSDS and the groundwater table is to be established. The OSDS unit should be designed to reduce nitrogen loadings in areas where surface waters may be adversely affected. Operating Onsite Disposal Systems - This management measure calls for policies and systems to operate and maintain OSDS so as to prevent surface water discharge and reduce pollutant loadings to groundwater. It also calls for inspection. at regular time intervals and repair or replacement of faulty systems. Pollution Prevention - This measure includes techniques and activities to prevent nonpoint source pollutants from entering surface waters. Primary emphasis is placed on public education to promote methods for proper disposal and/or recycling of hazardous chemicals, pet waste management strategies, management practices for lawns and gardens, OSDSs, and commercial enterprises such as service stations and parking lots. Siting Roads, Highways, and Bridges - The measure calls for roads, highways, and bridges to be situated away from areas that are sensitive ecosystems and susceptible to erosion and sediment loss. The siting of such structures should not adversely impact water quality, minimize land disturbances, and retain natural vegetation and drainage features. Construction Projects for Roads, Highways, and Bridges - This measure calls for the development and implementation of an approved erosion and sediment control plan prior to construction, which would reduce erosion and improve retention of sediments onsite during and after construction. Construction Site Chemical Control for Roads, Highway, and Bridges r - The measure limits toxic and nutrient loadings at construction sites by ensuring the proper use, storage, and disposal of toxic - - ___ materials to prevent significant chemical and nutrient runoff to- -. -- ., __r ,<"",... r surface water. Operation and Maintenance for Roads, Highways, and Bridges - This measure provides an operation and maintenance approach designed to reduce pollutant loadings to receiving waters during operation and maintenance of roads, highways, and bridges.

8

! Runoff Systems for Roads, Highways, and Bridges - This measure specifies development of runoff management systems to reduce pollutant concentrations in runoff from existing roads, highways, and bridges. Runoff management systems should identify priority pollutant reduction opportunities and schedule implementation of retrofit projects to protect impacted areas and threatened surface waters. i. Marinas: Marinas are located right at' the water's edge, and often there is no buffering of pollutants coming from boats or transported by runoff from parking lots and hill maintenance areas. Documented adverse environmental impacts include dissolved oxygen deficiencies and high concentrations of toxic metals in aquatic organisms. In addition, construction activities can lead to the physical destruction of sensitive ecosystems and bottom dwelling aquatic communities. Marina Flushing - The measure requires that marina siting and design allow for maximum flushing of the water supply for the site. Adequate flushing reduces the potential for the stagnation of water in a marina and helps to maintain the biological productivity and reduce the potential for toxic accumulation in bottom sediment. Water Quality Assessment - This measure specifies that water quality be considered in the siting and design of both new and expanding marinas. Habitat Assessment - Marinas should be designed and located so as to protect against adverse impacts on shellfish resources, wetlands, submerged aquatic vegetation, and other important habitat areas as designated by local, State and Federal governments. Shoreline Stabilization - Where shoreline erosion is a nonpoint source pollution problem, shorelines should be stabilized. Vegetative methods are strongly preferred unless structural methods are cost effective. Stormwater Runoff - This measure, which applies to runoff from the marina site only, specifies implementation of runoff control strategies which include the use of pollution prevention activities and the proper design of hull maintenance areas. At r least 80% of suspended solids must be removed from stormwater -- obtainrunoff acoming NPDES frompermit the for hull their maintenance hull maintenance areas. areasMarinas are which not- .. ,"".. ---. ./...I required to conform to this hull maintenance area provision.

Fueling Station Design - This measure specifies that fueling stations should be located and designed so that, in case of an t- accident, spill contaminants can be contained in a limited area. Fueling stations should have fuel containment equipment as well as a spill contingency plan.

9 I i !

I Sewage Facilities - To prevent the discharge of sewage directly to j coastal waters, new and expanding marinas are to install pumpout, pump station, and restroom facilities where needed. i Solid Waste - This measure specifies that solid wastes produced by the operation, cleaning, maintenance, and repair of boats should be properly disposed of to limit their entry to surface waters. i i. Fish Wastes - In sufficient quantity, fish wastes can result in the depletion of dissolved oxygen and odor problems. To address i this concern, the measure requires that sound fish waste management i be promoted through a combination of fish cleaning restrictions, public education, and proper disposal. Liquid Material - This management measure provides for appropriate I storage, transfer, containment, and disposal facilities for liquid materials commonly used in boat maintenance and encourages the recycling of these materials. 1 Petroleum Control - This measure addresses the problem of fuel and oil leaks, which often occur during the refueling and operation of i boats. The amount of fuel and oil leakage from fuel tank air vents t should be reduced. 1 Boat Cleaning - This measure minimizes the use of potentially i harmful hull cleaners and bottom paints and their release to marinas and coastal waters. Public Education - Public education outreach/training programs 1 should be instituted for boaters, as well as marina operators, to prevent improper disposal of polluting materials. i Maintenance of Sewage Facilities - This measure specifies that pumpout facilities be maintained in operational condition and that their use be encouraged to reduce untreated sewage discharges to I surface waters. Boat Operation - This measure deals with ecological problems resulting from boating operations outside marinas. In shallow I areas, intense boring activities may contribute to shoreline erosion. The measure is designed to prevent increased turbidity and physical destruction of shallow water habitat resulting from I boating activities. r Hydromodification: Hydromodification activities have been separated into the . ._ - . . - .. categories of channelization and channel modification, dams, and':::,, _.,,_._.,,.,.,_I, .~y,.i..--l.. .. ./,... ,- r streambank and shoreline erosion. A frequent result of channelization and channel modification activities is a diminished suitability of instream and streamside r habitat for fish and wildlife. They can also alter instream patterns of water temperature and sediment type, as well as the rates and paths of sediment erosion, transport, and deposition.

.I 10 I Hardening of banks along waterways has increased the movement of NPS pollutants from the upper reaches of watersheds into coastal waters. i Dams can adversely impact the hydraulic regime, the quality of the surface waters, and .habitat in the stream or river where they are located. A variety of impacts can result from the siting, construction, and operation of these facilities. The erosion of shorelines and streambanks is a natural process that can have either beneficial or adverse impacts on the creation and maintenance of riparian habitat. Excessively high sediment loads can smother submerged aquatic vegetation, cover shellfish beds and tidal flats, fill in riffle pools, and contribute to increased levels of turbidity and nutrients. Physical and Chemical Characteristics of Surface Waters - This measure ensures that the planning process of new channelization projects includes an evaluation of the potential effects on the physical and chemical characteristics of surface waters that may occur as a result of the proposed work. The measure encourages planning and design of new projects to reduce undesirable impacts. The operation and maintenance programs for existing modified channels should identify and implement any available opportunities to improve the physical and chemical characteristics of surface waters in those channels. Instream and Riparian Habitat Restoration for Channelization and Channel Modification - This measure ensures that the planning process for new channelization projects includes an evaluation of the potential effects on instream and riparian habitat that may occur as a result of the proposed work. The measure encourages planning and design of new projects to reduce undesirable impacts. The operation and maintenance programs for existing modified channels should identify opportunities to restore instream and riparian habitat in those channels. The habitat characteristics that may be influenced by channelization and channel modification include: elimination of stream bank vegetation, reduced freshwater availability, and accelerated delivery of pollutants. The following management measures apply to dams 25 feet or more in height and greater than 15 acres-feet in capacity, or to dams six feet or more in height and greater than 50 acre-feet in capacity. I The measures also apply only to those projects and activities that fall outside of existing jurisdiction of the National Pollutant I- Discharge Elimination System permit program. - - Erosion and Sediment Control This measure provides for reducing. ' -..-___.__. -,, .- erosion and retaining sediment onsite, to the extent practicable, r during and after construction of dams. An approved erosion and sediment control plan, or similar administrative document that contains erosion and sediment control provisions, should be prepared and implemented prior to land disturbance.

11 Chemical and Pollutant Control - This measure ensures the proper storage and disposal of certain chemicals, substances, and other materials that are used in construction or maintenance activities at dams. These include construction chemicals such as concrete additives, -petrochemicals, solid wastes, cement washout, pesticides and fertilizers. The measure limits the application, generation, and migration of toxic substances, and ensures their proper storage and disposal. The measure also ensures that nutrients are applied at rates necessary to establish and maintain vegetation without causing significant nutrient runoff to surface waters. Protection of Surface Water Quality and Instream and Riparian Habitat - This measure ensures that the operation of dams will be assessed for impacts to surface water quality and instream and riparian habitat, and that the potential for improvement will be evaluated. Significant nonpoint source pollution problems that exist from excessive surface water withdrawals will also be assessed and evaluated. Streambank and Shoreline Erosion - Eroding streambanks and shorelines should be stabilized, where streambank and shoreline erosion is a nonpoint source problem. Vegetative methods such as marsh creation and vegetative bank stabilization ("bio- engineering") are the preferred methods. The measure also ensures that streambank and shoreline features such as wetlands and riparian areas with the potential to reduce NPS pollution are protected. Streambanks and shorelines should also be protected from erosion due to uses of either the shorelands or adjacent surf ace waters. Wetlands, Riparian Areas, Vegetated Treatment Systems: Changes to hydrology, geochemistry, substrate, or species composition may impair the ability of a wetland or riparian area to function properly. Such alterations can affect the ability of the wetland or riparian area to act as a filter for excess sedimentation and nutrients, which can result in deteriorated surface water quality. The following are examples of typical activities that often cause such impairment: the drainage of wetlands for additional cropland, overgrazing, construction of highways, channelization of an adjoining waterway, deposition of dredged material, and excavation for ports and marinas. The Protection of Wetlands and Riparian Areas - The purpose of this management measure is to maintain the water quality benefits of wetlands and riparian areas and to ensure that they do not in - --.

turn become a source of nonpoint pollution due to degradation.--."-""-______"". I Wetlands and riparian zones reduce nonpoint source pollution by filtering out of solution NPS related contaminants such as phosphorus and nitrogen. The ability of wetlands and riparian zones to perform this function is determined by the vegetative composition, geochemistry, and faunal species composition. Any changes to these characteristics could affect filtering capacities. 12 The Restoration of Wetlands and Riparian Areas - This measure promotes the restoration of pre-existing wetland and riparian areas where the restoration of such systems will have a significant nonpoint source pollution abatement function. This I measure is intended to address the increase in pollutant loadings that can result from degradation or destruction of wetlands and riparian areas. These areas are effective in removing several pollutants from stormwater, such as sediment, nitrogen, and phosphorus. Wetland and riparian areas also help to attenuate flows from higher than average storm events, thereby protecting downstream areas from impacts such as channel scour, streambank erosion, and fluctuations in temperature and chemical characteristics. This can be accomplished by re-establishing previous hydrologic dynamics, vegetation, and structural characteristics. Engineering Vegetated Treatment Systems - The purpose of vegetated filter strips is to remove sediment and other pollutants from runoff and wastewater by filtration, deposition, infiltration, absorption, adsorption, decomposition, and volatilization, thereby reducing the amount of pollution entering adjacent waterbodies. The ‘ability of a wetland to act as a sink for phosphorus and the ability to convert nitrate to nitrogen gas through denitrification are two examples of the important NPS pollution abatement functions performed by constructed wetlands. This measure promotes the development of artificial wetlands or vegetated treatment systems where these systems will serve a nonpoint source pollution abatement function.

r r t- 13 I I t- !- I I I CZM LAKE BLUFF/SHORELINE PRESERVATION REPORT LAKE BLUFF/SHORELINE PRESERVATION REPORT L I _. Lake Erie, its scenic views, and its recreational opportunities constitute one of Erie County's greatest attractions. Many people I- have decided to visit, reside in, and/or move their businesses to the Erie area partly because of this attraction. However, development on the edge of the lake's bluffs could destroy many of i the views and recreational opportunities. It could also reduce the i public's already limited access to the lake- Furthermore, millions of dollars have been spent protecting structures and buildings that were built on the edge of Lake Erie from the inevitable recession of the lake's bluffs. Many homes, businesses, and public facilities I have been destroyed or blighted as their foundations were undermined by the advance of the lake and the subsequent failure of f the bluffs. Regardless of the continued demand for buildings with \ an up-close lakefront view, development should be controlled on the lake bluffs in order to protect the scenic views of Lake Erie, \ preserve recreational opportunities along its shoreline, minimize I governmental spending on shoreline stabilization, protect private property and potentially save lives.

Title 25 (Part I, Subpart C, Chapter 35) of the Pennsylvania Code I is one of the Commonwealth's chief tools for preserving Lake Erie's shoreline and bluffs. This regulation specifies a method of determining acceptable setback requirements along the bluffs' I (Section 85.22), gives the standard setbacks that result from this method2 (Section 85.26), and requires that each involved municipality (including North East Township) adopt a bluff setback I ordinance that imposes setbacks that are at least as strict as the given standard setbacks (Section 85.32). On May 13, 1981, North East Townshi? followed this requirement by enacting Ordinance Number 83-004 . Hence, the Township has already begun a lake bluff I and shoreline preservation program. However, this program can still be improved, and the future of these resources can still be planned. Doing so, by addressing the following goals and objectives 1 of this plan, would help to provide a high quality of life for all existing and future residents of the Township.

1 This method involves multiplying the local rate of bluff recession by the "appropriate life span" of the involved I- structure. 2 For North East Township, these given standard setbacks are 50- - feet for residences, 75 feet for commercial structures, and" :-- -*. I 100 feet for light and heavy industrial structures. 3 The setbacks specified in Ordinance Number 83-004 are identical to the given standard setbacks that are listed in the previous footnote.

1 ! i i Goal : To preserve and protect the ecological and environment a1 quality of North East Township using both proactive and I regulatory means. Goal : To provide for all appropriate land uses necessary to the ! community, considering attractiveness and function, and I- to encourage environmental consideration and discourage conflicts among the various use8. t Goal : To encourage high quality development and redevelopment ! which minimizes negative environmental impacts and creates developments which are fiscally sound. I Goal : Recognize the importance of Lake Erie and the Lake Bluffs to the Township and utilize all appropriate controls to f protect and preserve these natural assets. The preparation of this plan involved a brief examination of North East Township's shoreline erosion and bluff recession, the methods i that the Township is currently using to protect these resources, i potential improvements to these methods, and potential future directions for the Township to take in this area. The resulting 1 recommendations are given below. I Recommendation: North East Township's Ordinance Number 83-004 fully embodies the most logical, straightforward, defensible, and forward-thinking approach towards preserving the Township's bluffs. I It is the easiest way to promote a bright future for the bluffs while respecting the investments of private property owners who have invested in land that includes these resources. It is E recommended that the Township continue to abide by Title 25 (Part I, Subpart C, Chapter 35) of the Pennsylvania Code and enforce this ordinance. If the destruction and blighting of structures on the bluffs continues to be a problem over the long term, North East I Township could consider taking advantage of the flexibility inherent in Title 25 and add to its lake bluff setbacks (e.g., the 2 residential setback could be moved from 50 feet to 75 feet). Recommendation: Fairview Township, and more recently Harborcreek Township, have completed projects that involved the development of 1 property/contour maps of their bluff areas. These maps, at a scale of one inch to fifty feet and with two foot contour intervals, show the locations of individual properties and structures in relation to the bluffs and the shoreline. The Coastal Zone Management I-- Program paid one-half of the cost of each project, with the remaining one-half paid for by each Township. These updated maps------. are reported to be a tremendous aid in determining the rate of. .r;l=l-nL. r bluff line changes, learning which structures are in the most danger, administering the two Townships' bluff setback ordinances, t- and planning future bluff protection and enhancement projects. 1 2 i !

North East Township presently has no such maps. The Township's shoreline is not heavily developed to date, and has not seen the I changes that Erie County's more urbanized areas have seen over the I past few years. However, some changes have occurred and the bluffs have continued to recede. Thus, it is recommended that the Township determine if the creation of bluff maps like those developed for Fairview and Harborcreek Townships would be in North East 1-I Township's best interests. If the Township finds that it is in its best interests to attempt such a project, it is recommended that the Township apply for federal Coastal Zone Management Program matching funds. I Recommendation: It is recommended that North East Township encourage all new development in its Lake Erie coastal area to utilize designs that include the bluffs as part of the required I open space. This will protect the bluffs from irresponsible development, provide open space, and maximize the amount of shoreline access available to the development's residents. I Acceptable designs should be specified in the Township's subdivision and land development ordinance, and required or 1 encouraged in the Township's zoning ordinance. 1 Recommendation: It is recommended that North East Township develop a public education program to educate its residents, schoolchildren, developers and businesses about the problems posed i to the area and its economy by human activities on the lake bluffs. Voluntary action that can help alleviate these problems should also be stressed. Taking the lead in educating its citizens will improve the effectiveness of regulatory programs, build support for I lake bluff protection measures, and hence improve the quality of Lake Erie's shores for residents and tourists alike. Such a program may include the North East Township School District, I neighboring municipalities, Erie County government, state agencies, or local interest groups. I Individuals, groups, companies, and corporations that wish to develop in the Lake Erie coastal area should also be informed about the regulations imposed by and under the authority of the Federal Coastal Zone Management Act, the Pennsylvania Dam Safety and I Encroachment Act, the Pennsylvania Floodplain Management Act, the Pennsylvania Bluff Recession and Setback Act, the Pennsylvania Clean Streams Act, the Pennsylvania Air Pollution Control Act, the 1 Pennsylvania Solid Waste Management Act, the Pennsylvania Soil Conservation Law Act, the Pennsylvania Coastal Zone Management Program, Pennsylvania's promulgated rules concerning coastal zone r management (e.g., Title 25, Chapter 85 of the Code), all other federal and state initiatives with the goal of protecting Lake

Erie's bluffs, and all relevant county or local ordinances. Such --- ..- -- .. ~ an education initiative could help developers avoid mistakes that -'-'--'-' c- r will cost both them and North East Township considerable amounts of money. Such an initiative could also play a major role in lake 1- bluff protection. NOTE : For further information refer to the Department of Environmental Protection Fact . Sheet entitled Bluff 1 Recession: A Lake Erie Coastal Hazard on pages 4-5. 1 3 1 I I- C I 1 I PENNVEST LAND USE POLICY INITIATIVES I 1 I j ' PEXNVEST will adopt 3 two-tiered approach to ugetjng gT;Lnt PEKNVEST Board Adopts New - funds. with the intent bring to focus grmt resources 0" projects I that would not go fowud. Or for that matter would not even Land Use Poky Initiatives apply (O us. without grant assistanct. i Tier One: first priority for receiving grmt bundswould Xc iu Sovernber 13th meeting the PEWVEST Board adopted The k the following initiatives. those appkm systems that have either a media household come less than the statewide avenge. or have a service dis~ctof [.%I) households or fewer. I . Steps that PE,\i;"EST has already implemented to incor- porate land use issues into its actions. Tier Tq:Within the above-defined goup of systems, we will ! 1. Tvinn fundino cl'i&jjp to 1- 1 create a special set-aside of grant funds for the very small SYS- I terns. defined as 250 households Or fewer. For each round of - We have established an eligibility requirement for PEN- funding we will reserve up to some percentage of grant Funds (~g. to to (VEST funding that proposed projects be consistent with appli- 50 percent) spend first on this subgroup of applicants able municipal. multi-municipal or county comprehensive land bring their user rates as close to their target mes as possible. If I any of these reserved Funds left over addressing the use plans and zoning ordinances. In the future. these comprr- are after needs of this subgroup, we will add them to the available for all I hensive plans will have to meet the legislated requirements of funds a&e: app!i;=s &at fall wi?&l tier Gae. 1 LCC 67 and (panicularly) Act 68 as these requirements take ei- i tea. Applicants that do not fall within either of these tier groups - We have taken steps to ensure that a proposed project does would be elizible for ogra.nt funds from each round of funding after the grant needs of these first two goups are met. ..OC threaten prime agricultural land. as determined by county agricultural preservation boards. In all cases. grants would be allocated based on our normal 1 2 ~roiectplan- affordability criteria. nL70 and devcloom en( B. Encourage small sysrern applications At the planning consultation stage, P&iWEST now coordi- 'nates not only with DEP but also with: In order to facilitate the inclusion of projects that may not now be applying to PEh'NVEST. we will change the approval process - county and municipal planning agencies regarding land use for small systems. defined as those serving 250 households or I sues fewer. Applications from such systems will be taken to the Board . county agricultural 1ar.d preservation agencies rezarding farm- for an initid approval at the project planning stage. If approved nd preservation issues by the Board. such projects will then effectively have a guaranree of funding on which they can rely to proceed with project design. I PENNVEST has also initiated contact with DCED's Center The early approval would be subject to rhe followin,o conditions: %r Local Government Services to direct municipalities to them then a need for financial or technical assistance with land use The proposed project meets some threshoid level of public Iplanning is identified. This effort will be more fully developed health. environmenral or economic development benefit. over the next few months. . The proposed project meets land use requirements listed in #1 above. I ZCoordinate PEW" fundinn with the DCED's Kevstonc - The applicmt can demonstrate that the proposed projea is ODoOrnIni tv Zone and lndusmal Sites Reuse or0 consistent with known regionalization efforts. For drinking wa- ter projects. this would involve coordination with the program in 1- PEXXVEST has initiated coordination with DCED's Keystone DEP that provides funding for water supply planning and small Opportunity Zone staff to ensure that efforts to reclaim systems regionalization eifons. ownfields. in lieu of developing greenfields. are given every - For wutewater projects, the community in question exam- - ?ponunity to be considered for funding. ines the feasibility of a comprehensive sewage manasement Plan '='* * r as a project alternative (see #?A below). Proposed new land use initiatives PEMSTwill create a separate. simplified application F* t- 1. Small svsfems focus cess for those eligible to apply for early approval. Applications will bz submitted at the project planning stage. bad on a P"- 1 A. Target grants to small systems timinary estimate for project COS&. Approvals would be SC'Od for some prid of time (say 12 to months) in order 10 give community time to design and bid project. at which time the [I is imFocanc 10 nurc :hat the only gl:Lv..te= that PEh3VEST c3n ;rovidc up-front would k for funding. C3nnOt guuultec the tcms or' chat funding 'c.g. ,orat. intzrrst rate. loan tern) until we ha^: a better es~imateol the project's Cojt. **hich r:guires chat the Froject be designed.

1. Fmah~e G rowin- Greener and Gra wrh caaslder-

Wens 3r the- '0 0

A. Encoumge comprehensive sewpe management plans

WV: will encourage coordinated. cornpt:hcnsivc sewage man- agenenc planning at the municipal. mulu-municipal or county level. when developing comprehensive sewage management plans. municipal govcmrncnt(s) must address aU he sewage needs of all the aKected residents and chex pIycs may include the opemion. PEKNVEST Participates in Farmland conswction and maintenance of on-lot syszcm. smallfciusrer sew- RpJ age system. conventional cenual sewage systems. or a combina- tion of these systems. On October 119 PEiiVEST suf€ anendcd the Fall WoWop meeting of the Pennsylvania Farmland Prewrvadon iwocbtio~~ In cases where PEhWJEST funding is needed to finance &e Members traveled from actus the Commonwealth to in the SruU dcvclopmcnt of such a plan. this could be eatcd as an advance Intcrprctive Center at Presque Isle State Park 10 sha~exprienca funding effort. PEYhYESf could makt yr advance funding loan and !em how to provide more effective service to heir councicr. to. say. the county. which would conven io a -mt if: PE\>T€ST Deputy Director for Project Management Brioa . a comprehensive sewage management plan is developed and Johnson joined personnel from the Depanment of A,oriculturt implemented. and and the Depamnent of Communir)r and Economic Development . affordabilicy considerations indicate rhat a -mt is wvranccd in providing information to me =pup of county-based oficiak.

h Modify our merhodology for awarding grants for advance PESQXEST has recently implemented a process of soliciting ! fundin? assistance (Le. fcuibiliy. design and engineerins) co en- pankipation from the counp a,+culrure preservation boards and coung: land use considerations. or county conservation districu in order to ensure that my project funded by PEYNVEST is consistent: wirh local farmland I Cur:ntly. PEhYVEST WXKISgmu for advance fundins only preservation initiatives. Brion was able KO jhue rhc basis of chis when a loan for the advance lunding itsel€ would cause the effort with the counry adninismtors. descxibc how kc process t?omwer's user mte to exceed the affordable rate. Estimated con- should work and answer questions. Ellen Dayhoff. Workshop struction costs arc not taken into account in any way. We will Ch3irpenon. and County Administrator horn Adm~COUII~~. ws I change this approach and award granrs €or advance funding cf- pledwith the participation from the group and is hopeful a fonr when the estimated project coasrmcdon costs indicate that a funur: workshops will expand on these issues that impact farmIyrd grant would eventually k needed when the project acmally goes preservation effons across the Commonwealth. 1 espect rhar I to construction. We will do &is only if all of &e following condi- the lines of communication will sangthen as we work on fint tions are met: tuning our interaction with PE.\>VEST and other sute agencies. It's cncourclqing to have our co~cnrs&en into cornidention r befoe fundins is awuded Dayhoif said Further information re,ozdjn,o the Pennsylvania Fmland Preservation Association can be obtained by cont3cting &e - r Dcp;urrncnt of Agriculture. Bureau of Farmland P:otection 05- your county Agricultural Land Reservation Ofifice- t

PENNDOT SOUND LAND USE STRATEGY

I

._ ...... - ...... -_ - ...... - .- - ...... - ...... ?*I... , ., .., .. .. ./ .”.. . i F__ ., _. t... i I ! - .. . .: . ._,_.... I- _. .

i 1 I ...... '...... , .. . ,. ... 1 i h

t I I I I I I i. I t- I 1 I i Introduction i , On July 1. 1997, Governor Ridge issued Executive Order 1997-4, establishing the 2lSL Centup Environment Commission. The Commission was charged “to recommend methods and policies to improve the environmental quality of the Commonwealth and measure the results, I.. while allowing for enhanced economic and social progress”. On September 15, 1998, the Commission issued a report declaring that promoting responsible land use was a top I environmental priority for Pennsylvania. i In response to the 21” Century Environment Commission Report, Governor Ridge issued Executive Order 1999-1 on January 7, 1999. The E.O. requires all Commonwealth agencies to I identify laws, regulations, practices and policies, including the disbursement of public hnding, that will advance the Commonwealth’s land use objectives. In addition, the E.O. established policy to guide Commonwealth agencies when making decisions that impact the use of land. I This guidance includes: Infrastructure maintenance and improvement plans should be consistent with sound land use practices. Soundly planned growth is in the best long-term interest of the Commonwealth and should be encouraged at all i levels of government. Farmland and open space are valued natural resources and reasonable measures for their preservation should be . promoted. Development should be encouraged and supported in areas that have been previously developed or in locally I designated growth areas. Because land use decisions made at the local level have an impact that expands beyond municipal boundaries, regional cooperation among local governments should be encouraged. The Commonwealth shall work to improye the understanding of the impact of land use decisions on the I environment, economic, and social health of communities. 9 Sustaining the economic and social vitality of Pennsylvania’s communities must be a priority of state government. i In order to comply with the mandates outlined in E.O. 1999-1, the Pennsylvania Department of Transportation (PENNDOT) established a Sound Land Use Strategies (SLUS) Team in May 1999 to develop a strategy for incorporating land use into the Department’s prog-ams, policies 1 and activities. In addition, the SLUS Team was instrumental in examining proposed land use legislation for potential impact to the Department and served as an expert panel for making legislative recommendations during the development of Pennsylvania Municipal Planning Code 1 (MPC) modifications.

In developing a Sound Land Use Strategy, the SLUS Team conducted a Department-wide 1 initiative that included the formation of eight (8) focus groups. Each focus goup was charged with evaluating the current integration of land use into PENNDOT programs, policies and procedures as well as making recommendations on how the Department could modify its r - program elements to better incorporate and consider land use in the hture. Using the - __ --

information gathered from the focus groups, the SLUS Team developed a multi-phased, multi- I.. w__.---- __~”- year sound land use strategy to guide the Department in integrating sound land use principles. r Included in this strategy are three phases (Education and Early Coordination, Program Modification and Land Use Strategy Implementation) and over eighty (80) action items that have been or will be considered for future implementation by PENNDOT and/or its planning partners. t- This strategy and its information will serve as a foundation for PENNDOT’s integration of sound I land use into its programs, policies and procedures. i L i

The Report asks that CommonLvealth agencies develop an Implementation Plan to incorporate the recommendations into all agency programs and policies. The Report required implementation to coninience on November 1. 2000. Moreover, Commonwealth agencies are expected to provide status updates to the Centzr on program and policy review and plan implementation every year thereafter. The hiplementation Plan must contain the following three (3) components:

1. Ediication of Agency Staff 2. Incorporation of Local Larid tse Planning Into Agency Decisions 3. Identify Actions Likel? to Have Significant lmpact on Land Use.

PEWOTutilized its Sound Land Use Stratcgy as the foundation for developing and . - . . . . responding to both the E.O. 1999- 1, as tvell as the Implementation Plan requirement. , , __._...X. ~ . I...... , , ,.L .-j-F.l*...

PENNDOT has designed the following Implementation Plan to directly respond to the three (3) components outlined in the Supplementary Report. Importantly, each component includes a briefdescription of how PEh3DOT \vi11 implemznt the component and a table of sound land use actions, including an action ci

3 PENNDOT in its implementation efforts. Actions Completed represent those sound land use initiatives that have been completed by the Department within the last year. Actions Undenvay or Ongoing represent sound land use initiatives that are under development or are regular, ongoing fbnctions of the Department that support sound land use implementation. Finally, Future Actions represent those sound land use initiatives that are scheduled for development in the near fhture (within 1 year). Additional actions will be incorporated into future plan updates, I as warranted.

The following page lists the 8 actions completed during the November 1,2000 - October 3 1, 2001 Sound Land Use Implementation Plan timekame. These actions represent the foundation for PENNDOT’s response to Pennsylvania’s Growing Smarter initiative.

4 Land Use Coordinator In January 2001, a new hll-the position was established in the Department’s Center €or Program Development and SIanagement to provide key staff support to coordinate and implement land use related initiatives throughout the Department.

Growing Smarter Conference PEhNIOT supported the Governor’s Center €or Local Government Ser.4ces’ March 200 1 “Growing Smarter” Conference with both staff and Frnancial resources. The Department participated in three conference panels that highlighted and promoted land use and transportation best practices.

Application Procedures Modified Training was provided to District staff on modifications made to the Highway Occupancy Permit application to consider local comprehensive plans and zoning.

Traffic Calming In January 200 1, the Department released Pennsylvania’s “Traffic Calming Handbook” (PEhiiDOT Publication 383) for municipalities to promote livable communities.

Grant Application Procedures Modified The Highway Occupancy Permit, Transportation Enhancement and the Pennsylvania Infrastructure Bank applications were modified to consider local comprehensive plans and zoning.

Greenways Partnership Program The Pennsylvania Greenways Partnership Commission developed.the Commonwealth’s Greenway Plan entitled “Pennsylvania Greenways: An Action Plan for Creating Connections” in June 200 1.

Congestion Management Corridors Thirty-six comdors have been nominated for the Congested Corridor Improvement Program. As of September 2001, the Department has identified four early-action corridors to be studied. - .__ - - - - _->... ---. /,..---

District Engineers’ Survey on Significant Issues PEWDOT’s I I Districts were surveyed to establish a database of potential projects and;’or issues that may lead to significant impacts on land use.

5 c I

PADEP POLICY FOR CONSIDERATION OF 1 COMPREHENSIVE PLANS & ZONING ORDINANCES 1

I I DEPARTMENT OF ENVIRO~~llNI"4LPROTECTION . POLICY OFFICE

DOCLhlENT ID: 0 13-0200-001

TITLE: Policy for Consideration of Local Comprehensive Plans and Zoning Ordinances in DEP Review of Permits for Facilities and Infrastructure

ANTICIPATED EFFECTIVE DATE: December 1.200 1

AUTHORITY: Act 247 of 1968, as reenacted and amended by Act 17,O of 1998, known as the Pennsylvania Municipalities Planning Code, 53 P.S. 9 10101 er seq., as amended by Acts 67,68 and 127 of 2000.

POLICY: The Department of Environmental Protection @EP) has amended its permit review process to consider, and under certain conditions rely upon, comprehensive planning and zoning ordinances in our decision making process on authorizations related to facilities and infrastructure. This document is a draft substantial revision to the current policy in place.

PURPOSE: The purpose of this policy is to provide direction and guidance to DEP staff, permit applicants and local and county governments for the implementation of Acts 67,68 and 127 of 2000 in the administration of current DEP programs to avoid or minimize conflict with local land use decisions. This policy guidance addresses how DEP considers comprehensive planninz and zoning .. ordinances in DEP's decision making process concerning the permitting of facilities and infrastructure; and when DEP relies upon comprehensive planning and zoning ordinances in DEP's decision-making process concerning the permitting of facilities and infrastructure.

BACKGROUND: As of January 29,2001, the Department of Environmental Protection @EP) has had a final policy in place to address the new legal obligations created by Act 247 as amended by Acts 67, 65 and 127 of 2000. This document is a draft substantial revision to the current policy. Specifically the proposed revisions attempt to clarify some questions raised about interpretation and implementation of the final policy since it became effective and to offer an "early opt-out option" €or those permit applicants meeting certain requirements.

APPLICABILITY: DEP will apply this policy where it has regulatory and decision making discretion pursuant to legal authority and through the administration of DEP programs and regulations. This policy applies to DEP staff and applicants for certain DEP authorizations. Specifically, it applies to proposed projects for facilities or infrastructure that involve a change in how the land is currently being used or that expands the current footprint of an existing facility. The progrms that DEP has determined to be subject to the new obligations created by Acts 67,68 and 127 are detailed in this guidance in Appendix A. - - . . . -.--I - - . ~ This policy only applies to counties and local municipalities covered under the Municipalities Planning Code (MPC.) The WCdoes not apply to first and second class cities (Philadelphia and Pittsburgh) or first class counties (E'hiladelphia.)

1 10/12/2001 :- .

DEP’s authority to base a permit decision on county and municipal commk‘ntsabout a project in * relation to comprehensive plans and zoning ordinances only applies to projects located in loc”al municipalities that meet of the following three criteria:

1) Under Szction 619.2 (a) of the MPC: .

A) The local municipality is located in a county where there is a county comprehensive plan; and

B) The local municipality has adopted a comprehensive plan or is a part of a multi-municipal comprehensive plan; and ’

B) The county or local municipality has enacted zoninz ordinances; and.. D) The lqcal municipal zoning ordinance, the local municipal Comprehensive pIan and county comprehensive plan are generaily consistent as defined by Section 107 of the MPC.

NOTE: Sections 301.4 and 603 (j) of the MPC state that municipal and county plans and zoning ordinance shall be generally consistent with each other. For the purposes of this policy, because such general consistency is required by the MPC,DEP will assume, unless documentation has_:’-’ been received to suggest otherwise, that section (D) above has been met as a condition for DEP to’i! have the discretion to rely upon planning and zoning in permit decisionmaking. .

2) Under Section 619.2 (c) of the MPC: The local municipality has adopted a joint zoning ordinance.

3) Under Section 1105 of the MPC:

The local municipality has entered into an implementing cooperative agreement and adopted zoning ordinances as described in Sections 1104 and 1105 of the PVIPC.

DEP adopted an “Interim Policy for Consideran’on of Local Comprehensive Plans and Zoning Ordinances in DEP Review of Permits for Facilities and Infrastructure” on August 21, 2000. Certain pending applications were identified under the lnterirn Policy. This policy applies to applications that are still being reviewed under the Interim Policy.

DISCLAIMER: The policies and procedures outlined in this guidance are intended to supplement existing requirements. Nothing in the policies or procedures shall affect regulatory requirements. ------

~ ._I_. __-- .-- The policies and procedures herein are not an adjudication or regulation. There is no intent on the part of DEP to give the rules in thzse policies that weight or deference. This document estabIishes the framework within which DEP will exercise its administrative discretion in the future. DEP reserves the discretion to deviate from this policy statement if circumstances warrant.

2 10/1a200 1 PAGE LENGTH: 16 pages

LOCATION: Volume 1, Tab 5B

I. GENERAL INFORiiTION

A. Acts 67.68 and 127 of 3000 (Acts 67,68 and 127) amend the Municipalities Planning Code to provide new tools for local governments to plan for and manage ! czrowth. Section 1105 of Act 67 of 2000 and Section 619.2 of Act 68 directs that I state agencies “. .. shall consider and may rely upon comprehensive plans and zoning ordinances when reviewing applications for the funding or permitting of infrastructure or facilities.”

B. DEFINITIONS:

“Authorizations” are approvals given by the department to undertake a proposed project as required by state statute or regulation. These include permits, plan approvals, certificates, licenses and registrations.

“Comprehensive plans and zoning ordinances” are county, municipal or mu1 ti- municipal comprehensive plans adopted under the MEC and zoning ordinances adopted under the MPC.

A “Designated Growth Area” is a region within a county or counties described in a municipal or multi-municipal plan that preferably includes ana surrounds a city, borough, or village and within whjch residential and mixed use development is permitted or planned for at densities of one unit to the acre or more, commercid, i industrial and institutional uses are permitted or planned for and public infrastructure services are provided or planned for.

I “eFACTS” is the Environment, Facility, Application, Compliance Tracking System, developed to combine electronic data from legacy systems into one departrnent-wide 1 database to provide the means for a holistic view of the clients and sites (including facilities) that DEP regulates. 1 “Facilities” are buildings and other structures that involve new land development, or result in a change to existing use of land. r- The “General Information Form” (GIF) is a multi-page form used for most DEP applications. Its purpose is to facilitate coordination between different types of __ . - -. “- applications for the same project, to provide specific information that facilitates the ‘-- ”*.- r entry of data into the eFACTS system, and collect other necessary information. A full application for a particular DEP authorization will generally consist of a GIF and t- additional forms related to the particular permit or other authorization. 1 3 101121200 1 1 “Infrastructure” is permanent structures for transportation. sewer and water facilities, schools. parks, ,oreenways and open space, electric and gk delivery systems and telecommunications networks.

“Locgl Municipality” is any city of the second class A or third class, borough, incorporated town, township of the first or second class or home rule municipality.

AFFECTED AUTHORIZATIONS

A. DEP has identified a list of specific pennit authorizations it sants that are subject to the new authority created by Acts 67,68 and 127. That list is provided in Appendix A of this document. These authorizations fall under the definitions for “facilities” or ‘‘infrastructure.” These authorizations are primarily for “new” permit applications with a few exceptions dealing with major permit modifications for municipal and residual waste facilities. For any authorization not appearing on the list, no further consideration based on Acts 67,68 and 127 will be necessary.

If a project involves a change in how the land is currentIy being used, the project is. 2. covered by the policy. An example of this would be if the use of an existing building changes from a manufacturing factory to a commercial retail outlet. if a project involves new construction or expands the current footprint of an existing facility it is covered by the policy. However, if an existing industrial factory requires a new piece of equipment within the confines of the facility to address internal operations or requirements, it would not subject to this policy because typically this wouldn’t change the foocprint of that existing facility.

In the case of municipal and residual waste landfills, the “footprint” is considered the entire permitted area even if it is not activeIy being worked. A major permit modification can be used to expand the landfill outside the boundaries of its currently permitted area. Therefore, the authorizations covered by the policy for municipal and residual waste landfills include both new and major permit modifications.

B. General Pennits and Permits-by-Rule are not subject to the requirements of this policy. By definition General Permits and Permits-by-Rule are for facilities or activities that have a minor impact on the environment and therefore land use. DEP recognizes that many General Pennits may have a cumulative affect on land use. In the future, DEP may consider the feasibility of‘integrating land use considerations pursuant to Acts 67.65 and 127, into new General Permit progams or into existing General Permit programs during the renewal process.

- - - C. Authorizations under the Sewage Facilities Act and sewage planning program (Act .__.---..-- . . -. 537), are not included in the list of affected authorizations. The current considektion . of land use within the 537 proam already meets the intent of Acts 67 & 68. For that reason, reviews in the Act 537 program at this time will continue unchanged as they are deemed to already meet the guidelines of this policy. For a description of the Act 537 program and its related land use process, see the Pennsylvania Sewage Facilities Act (35 P.S. Sections 750.1-750-?0), Section 5, Official Plans Subsection

4 10/ 1moo 1 (d)(i), (21, (11,(51, (8), Section 7(b)(4), Section 10 (1). (2), (3) andTitle 25, Chapter 71, Administration of Sewage Facilities Program. i D. Permit applications for railroad facilities and operations are not subject to the ’ requirements of this policy because these facilities and operations are not subject to local land use control. The local regulation of nilroad facilities and operations by local governments is preempted by the federal Interstate Commerce Commission Termination Act of 1995.49 U.S.C. Section lOSOI(b):

LIT. LAND USE REVIEW PROCESS FOR AFFECTED AUTHORIZATIONS RECElVED ON OR AFT’ER 8/21/00

This section applies to all applications for authorizations on the affected authorizations list received on or after August 21,2000. Applicants will be asked to provide certain land use- related information to meet obligations under Acts 67,68 and 127. This will be -p. accompIished by the addition of new land use questions on the General Information’FG“nti‘ (GIF) and through enhanced municipal notification, primarily using notices based on Act 14 . of 1984 (Act 14.) In programs where the GIF is not used, the specific authorization application form will be revised to include the same new information requests as those added to the GF. In the GIF instructions, applicants are encouraged to submit copies of local land use approvals, evidence of compliance with local comprehensive plans and zoning ordinances, and additional land use information as part of their application. DEP will consider comprehensive plans and zoning ordinances in effect up until the date that Dl3 . makes the permit decision. I A. General Information Form (GIF) Included in a revised “Project Information” Section of the GIF there are the following three trizger questions that determine whether the applicant’s project is I subject to the new land use review process and this policy: 1) Is this application for an authorization type on the list of I authorizations affected by the land use policy?

3) Does the project change how the land is currently being used or’ i expand the current “footprint” of an existing facility?

3) Have you attached or submitted municipal and county approval letters r for the project? if yes, attach approval letters. if no, complete the __ - __ .... “Land Use Question” section of the GIF. ”-”? .- - ..---

r If applicant answers “no” to questions #1 and #2 above, then they do not need to continue with the land use review process outlined by this policy and the additional GIF questions below. If applicant answers “yes” to both questions #l and #2 above,‘ t- then applicant can choose the “early op-out” option further described in Section B(3) i of this policy or answer additional GIF questions below. 5 10/1u2001 1I .- Included in a new “Land Use Information“ section of the revised GIF, there are the following thirteen additional land use questions related to existing comprehensive plans and zoning ordinances where the project is being proposed and whether those comprehensive plans and zoninz ordinances are consistent with the proposed project .

1. is there a municipal comprehensive plan(s)? Yes or No. 3. Is there a county comprehensive pIan(s)? Yes or No. . 3. Is there a multi-municipal or multi-county comprehensive plm(s)? Yes or No. 4. Is the proposed project consistent with these plan(s)? 5. Yes or NO. If no plan(s) exist, answer “yes”. 6. Is there a municipal zoning ordinance(s)? Yes or No. 7. Is there a joint municipal zoning ordinance? Yes or No. 8. Will the proposed project require a zoning approval (e.g. special exception, conditional approval, rezoning, variance) Yes or No. If zoning approval has already been received attach documentation. 9. Are any zoning ordinances that are applicable to this project currently the subject of any type of legal proceeding? 10. Will the project be located on a site that is being remediated under DEP’s Land Recyclins Program? 11. Will the project result in reclamation of abandoned mine lands through remining or as part of DEP’s RECLAIM PA Program? 12. Will the project be located in an agricultural security area or an area protected under an agicultural conservation easement? 13. Will the project be located in a Keystone Opportunity Zone or Enterprise Development Area? 14. Will the project be located in a Designated Growth Area as defined by the Municipalities Plannin,o Code?

The questions in the GIF discussed above apply only to applications for authorizations on the affected authorizations list in Appendix A. When an applicant uses a GIF for an application of a type not listed in Appendix A, the applicant is not required to complete the Land Use Section of the GIF.

Answers to questions #8-12 above are for informational and tracking purposes only and will not be used as a basis for a permit decision under this policy. Information for answering question #10 should be able to be obtained from the local municipality. For information relative to question #13 direct questions to the Department of Community and Economic Development Customer Service Center at - __ _- 1-800-379-7445. The local municipal and/or county should be able to provide - *---_ . -_. - -- infomation for question #12 or for #14 about a “designated growth area“ as they make that determination. The term is defined on page 3 of this policy.

The eFACTS system accommodates processing the new land use information contained in the GIF. All appropriate information from the GIF dealing with land

6 10/12/200i use should be entered into eFACTS by program staff already assigned to man& eFACTS data.

B. Municipal / County Xotice

As part of municipal notification required by Act 14 and other municipal notices by permit applicants, DEP is specifically inviting the local municipality(ies) and the county(ies) to submit comments to DEP related to comprehensive plans and zoning ordinances under Acts 67,68and 127. Use of the Act 14 municipal notice provides an opportunity for local governments to identify any potential land use conflicts associated with the proposed project before DEP completes its review of a permit application. Act 14 notices for applications on the affected authorizations list in Appendix A will be amended to include the following language:

“Acts 67,68 and 12 7,which ame.&d ?fie i!.Izzici~~li:iesPla;;niag Cc& to support sound land use practices and planning eflom, direct state agencies to consider comprehensive plans and zoning ordinances when reviewing applications for permitting of facilities or infrastnccture, and specify that stale agencies may rely upon comprehensive plans and zoning ordinances under certain conditions as described in Sections 619.2 and I IO5 of the iMunicipalities Planning Code. Enclosed is a General Information Form (GIF)we have completed for this project. DEP invites you to review the attached GIF and comment on the land use aspects of this project; please be specific to DEP when identifying any areas of conflict. Ifrou wish to submit comments for DEP to consider in a land use review of this project, you must respond within 30 days to the DEP regional ofice listed below. If there are no land use comments received by the end of the comment period, DEP will assume that there are no substantive land use conflicts and proceed with the normal application review process.”

Act 14 requires that notice of certain authorization applications be sent to the local municipality and to the county. Act 14 notices that are sent after August 21, 2000, whether sent by DEP or by the applicant, must include a copy of the completed GF. If sent by the applicant, the applicant must submit a return receipt and copy of notification letter as proof of municipal and county notification. All notices to a local municipality should be sent to the municipal Secretary. All notices to a county I should be sent to the county cornmissioners with a copy to the county planning office. r ------For ail authorization types listed in Appendix A that do not normally receive an Act -.---- “...... ‘_‘..-I”’’_’“.-..,.-...--,.... ’---... 14 notice, DEP will send a letter to the local municipality and to the county that J contains the completed GIF. A sample letter to local municipalities and counties is attached as Appendix B. I- The local municipality and county have 30 days from the date of receipt of notice and completed GIF to respond to DEP. If Act 14 allows for a longer comment I period for a particular application, the longer period will apply. DEP staff will ! 7 10/1u2001 (’ I conduct technical reviews concurrently with the municipal comment period. DEJJ i may consider municipal and county comments concerning land use at any time during the review process, but DEP staff should not take a final permit action befoe the initial 30-day period has ended. In cases where the comment period extends beyond the issue date suggested by the department’s Money Back Guarantee @mG) program, the I\BG clock will stop until the comment period ends.

If there are no land use comments received at the end of the comment period, DEp will assume that there is no substantive land use conflict and proceed with the normal application review process. It is DEP’s intent to rely primarily on com6n&y- received from counties and local municipalities to determine whethera project may conflict with local comprehensive plans and zoning ordinances.

DEP will work with the Governor’s Center for Local Government Services and local government associations to ensure that local governments understand the information in the GIF form and the opportunity to review projects and provide comments.

C. Projects with Multiple Permits

If permit applicants choose to submit an application package that includes all of the necessary permits for a project at one time, the land use review process called for in this policy occurs only one time. If applicants choose to submit applications for each individual permit, the land use review process as triggered by the municipaVcounty notice requirement, occurs each time that permit application is submitted. The department would like to encourage applicants, and it probably is to their advantage, to submit all necessary applications at the same time.

D. Projects that Include Facilities and Infrastructure in More Than One Municipality or County

If a project involves permits for facilities and infrastructure in more than one municipality or county, applicants must ensure that each jurisdiction involved receives the rnunicipdcounty notice and has an opportunity to comment on whether their Comprehensive plans and zoning are consistent with the proposed project.

E. Early Opt-out Option Throush Submission of Municipal and County Approval Letters

To exercise this option, an applicant must submit with the permit application approval letters signed by the elected officials of the municipal governing body and _. - - county indicating that the project is not inconsistent with comprehensive planning --- .;= .- documents and zoning ordinances. If these letters can be obtained from the municipal and county governments involved, then the applicant does not need to fill out the questions in the “Land Use Information” section of the GIF or continue further with the land use review process outlined by this policy.

8 10/1u2001 i If the project will be located in more than one municipality or county, such approvd i: letters must be submitted from each municipal and county governing body involved.

I The applicant should note selection of this option when they fill out the GIF and a question has been added to the GIF to reflect this. 1. If this option is used and an Act 14 notice is required for the authorization in question, the applicant does not need to include in that letter the specific land use review lan,oua,oe contained in Section Et. 2 (relating to MunicipaUCounty Notice) of i this policy. If there is no Act 14 notice requirement for that authorization, no additional land use notice is required by this policy if the option for the early opt-out is exercised. I N. CONSIDERING COMPREHENSIVE PLANS AND ZONING ORDINANCES WHEN WGJGPEknvfIT DECISIQXS I1 A. Acts 67, 68 and 127 require state agencies to consider comprehensive plans and zoning i ordinances when reviewing applications for the permitting of infrastructure or facilities. The I purpose of DEP’s review is to avoid or rninimize conflicts between department permit decisions and local land use decisions. When reviewing permit applications, DEP reviewers i will consider the information provided by the applicant in the GIF and other materials i relating to land use submitted by the applicant and by the local municipality and county. Even though DEP will consider information submitted on the GDF-and local comment, DEP can only rely, or base a permit decision, upon this information in certain circumstances as 1 described in Section V of this policy.

B. A potential conflict arises when DEP staff receives a notice from the county of local i municipality that the project may conflict with comprehensive plans or zoning ordinances or if the applicant submits a GIF that indicates that there is a conflict. If potential conflicts are identified during the review period, permit reviewers shall immediately notify the Policy \. Office. I The Policy Office will do the following when a potential conflict is identified: Review all infomation received regarding land use conflict; 1 = Determine whether DEP has the authority to base permit decision on comprehensive planning and zoning; , = Determine whether to notify or involve other state agencies, including the Governor’s Center for Local Government Services; I- - - - - Contact DEP Office of Chief Counsel (OCC) to obtain legal review; and , -.-.I-- - = Provide guidance to appropriate permitting staff on the results of land use r review and potential impact on permit decisionmaking. Contact information for the Policy Office: DEP, Policy Office, P.O. Box 2063, 15* t- Floor, Rachel Carson State Office Building, Harrisburg, PA 17 105-2063. Telephone: 7 17-783-8727, Fax: 7 17-783-8470. i I 9 10/1212001 I ! . !

In general, the Policy Ofice and Office of Chitf Counsel should complete their review within 30 days of notification of the potential conflict by DEP staff. This review will take place concurrently with technical reviews done by permit review staff. A final permit action should not be taken by DEP until the Policy Office and Office of Chief Counsel completes their portions of the review process outlined above.

V. RELYING UPON COMPREHENSIVE PLANS AND ZONNG

A. Acts 67,68and 127 provide DEP with the authority to rely upon comprehensive plans and zoninz ordinances when reviewing applications for permitting of infrastructure and facilities. Acts 67.68 and 127 do not define what the term “rely upon” means, and therefore DEP has some discretion in applying this language.

DEP may rely upon comprehensive plans and zoning ordinances several ways. DEp can deny an application, put a speciai condition on a permit or approve a pennit where a conflict exists with comprehensive plans and zoning ordinances. DEP will decide on a case-by-case basis what is the best way to rely upon comprehensive plans or ordinances as DEP reviews individual permit applications. The intent of the policy is that the department consider comprehensive plans but rely upon zoning ordinances when it comes to making a permit decision. DEP places more emphasis on the zoning ordinance since zoning ordinances have more legal authority than comprehensive plans.

DEP may only rely upon information from local municipalities and counties concerning comprehensive plans and zoning ordinances for projects where any of the

i following conditions apply:

1) . Under Section 619.2 (a) of the MPC:

a) The local municipality is located in a county where there is a county comprehensive plan; and b) The local municipality has a comprehensive plan or is a pat of a multi-municipal comprehensive plan; and c) The county or local municipality has enacted zoning ordinances; and d) The local municipal zoning ordinances, the local municipal comprehensive plan and the county comprehensive plan are generally consistent with each other as defined in Section 107 of the IvPC.

NOTE: Sections 301.4 and 603 (j) of the MPC state that municipal and county plans - ___ - -

and zoning ordinance shall be generally consistent with each other. For the purposes , .-~~. ~ _r of this policy, because such general consistency is required by the MPC,DEP will r assume,unless documentation has been received to suggest otherwise. that section @) above has been met as a condition for DEP to have the discretion to rely upon planning and zoning in permit decisionmaking.

2) Under Section 6 19.2 (c) of the MPC:

10 1011 2200 1 The local municipality has adopted a'joint ordinance.

3) Under Section I105 of the MPC:

' I The local municipality has entered into an implementing cooperative 1- agreement and adopted zoning ordinances as described in Sections 1104 and 1105 of'the MPC.

Where a local municipality or county has identified a conflict with a project located ! in a local municipality that meets the above requirements, DEP may rely upon the information about comprehensive plans and zoning ordinances provided by the I county andor local municipality. Where a local municipality or county has identified a conflict with a project located in a local municipality that does not meet the above requirements, DEP cannot rely f upon the information provided by the local municipality or county when making permitting decisions. DEP will notify the Governor's Center for Local Government Services that the county or local municipality has concerns with the project but that I the comprehensive plans and zoning ordinances do not meet the requirements of Acts 67,68 and 127.

Consistent with existing regulatory authority, DEP may also choose to evaluate the extent to which a project would provide a public health or environmentalbenefit, and whether the project will comply with other applicable environmental laws and regplations.

B.. Preemption of Local Authority to Regulate Certain Activities

Acts 67, 68 and 127 recognize the distinction between regulating certain activities as particular regulated activities, and the authority of local municipality to enact zoning ordinances which impose zoning restrictions on a wide range of activities. Prior to the enactment of Acts 67.68 and 127, local municipalities were preempted from regulating certain activities such as mining activities. The local municipality, nevertheless, retained the authority under the MPC to establish valid zoning requirements for such activities. Acts 67,68 and 127 maintain the status quo concerning these activities. Local municipaiities can establish valid zoning requirements that can be imposed on these activities where state law preempts local regulation of these activities. --

Acts 67.68 and 127 of 2000 address local government's zoning authority to regulate _.I-_~ . . ,_-_? . I certain activities or resources such as mineral extraction, agricultural operations, allocation of water resources and forestry in several ways. First, Act 68 preserves preexisting state preemption of local regulation of certain activities. Second, in those areas of local regulation not preempted, Act 68 establishes that comprehensive plans !- shall be consistent with and may not exceed requirements established under certain identified state environmental statutes currently regulating these activities or

I Ll 10/12/2001 c

resources. Finally. for mined extraction Acts 68 provides that zoning ordina&& shall provide for reasonable development Of minerals in each local municipality, The authority OF local government to regulate in these statutorily identified afea is limited. Local government, however, retains zoning authority in these areas under the MPC, and DEP will still need to assess conflicts in these areas arising under the zoning ordinances enacted under the MPC.

i- r

12 10/1z2001 ..

L.

PRIME AGRICULTURAL LANDS PRESERVATION GUIDELINES

i

- .. .- __ ..- ...... - ...... _ .. .. .~...... r ,. .. --:- I ...... >. ., ..., * -... . i

! PRIME AGRICULTURAL LANDS PRESERVATION f Introduction: i One of the most important resources for any region is agricultural land. As a mainstay of a region’s economy, the removal of land from agricultural production increases the dependence on imported food, generally increases the extent of the constructed environment, might have severe impacts on natural occurrences such as flooding and air quality, and may involve a significant shift in the economic balance of the region. In rural areas where agriculture is an important and long-term segment of the economy and a significant factor in how residents identify with their community, the preservation of agricultural lands, especially prime agricultural lands, is and should be a top priority.

As the population of Pennsylvania, and Erie County, increases, the amount of developed I land will increase. Between 1969 and 1997, farmland in Pennsylvania decreased from i 8,900,767 acres to 7,167,906 acres while the population increased from 1 1,766,412 to 12,281,054 over a comparable period (1970 to 2000). In Erie County, farmland decreased fiom 217,866 acres to 167,634 acres while the population increased fiom I 263,654 to 280,843. This means that while the population of Erie County increased 6.5%, the County’s a rea in agricultural production decreased 2 3%, and this includes a significant broadening of the definition of “farmland” during that period. It is well 1 documented that the central cities of the Northeastern United States, including the City of Erie, are generally growing very slowly or experiencing a decrease in population, and while not every acre of farmland that left agricultural production was converted to I residential use, if fewer people are living in the central cities while the population as a whole i s r ising, it i s not i ncorrect to assume that s ome o f t his i ncreased p opulation i s I residing in areas that were formerly farmland. It is neither possible nor desirable to prevent all new development from occurring, nor can it be restricted fiom locating on agricultural lands by mere decree. Unfortunately, I land that is considered “prime agricultural land” is also among the most desirable for new development. Prime agricultural land is often the most level and has the best drainage, I making it extremely attractive for residential development, especially in areas not served by p ublic utilities. F arming, while an important sector of the economy, involves hard work in a capital-intensive business, with a narrow profit margin and no set benefits I package. When a commercial developer offers an active farmer a large sum of money for his land, the temptation to “cash in” and sell all or part of the farm can be strong, no matter how much the farmer might desire to continue his operation. This is especially 1- true in the case of older farmers who do not have children or other farmers ready and willing to assume the farming operation. -- - .. *- - .. n jl . t So i f s ome a mount o f d evelopment i s i nevitable and the incentives for farmers to sell their land are great, how can prime agricultural lands be preserved? There are several tools available in Pennsylvania to preserve and protect prime farmlands, while at the t same time allowing for growth and development to occur. Used in concert by a determined municipality, these tools can preserve the agricultural lands and economy and I I maintain the rural nature of the Community that i s held in such h igh regard, all while accommodating an amount of growth and development that is both appropriate and desirable.

Agrictilture in Erie Counly:

I- Agiculture has been and remains an important sector of the economy of Erie County. The agricultural sector in Erie County generated nearly $69 million in revenues in 1997, which ranked twelfth among all Pennsylvania counties. Erie County is a top-five 1 producer of many berries and fruits, including cherries, blueberries, and strawberries, and is the Commonwealth’s leading producer of both grapes and potatoes. i i Agriculture in Erie County can be divided into two distinct regions: the Lake Plain and the Uplands. The Lake Plain stretches the length of Erie County along Lake Erie, and is characterized by flatter topography and milder temperatures than the Uplands. This ! microclimate, caused by the moderating effect of the lake, allows fruits and vegetables to be grown i n this region, particularly grapes. A lthough grapes are grown all along the Lake Plain, they are especially concentrated in North East and Harborcreek Townships, ‘i in the northeastern corner of the County. Here, topography and soil quality combine to allow a robust viniculture industry, ‘raising wine, juice, and table grapes and producing wines and juices. The Uplands comprise the remainder of Erie County, and arc I characterized by hillier terrain and less moderate weather, particularly during the winter. More standard crop farms, such as those that grow corn and grains, are located here, as are the remaining Erie County dairy and beef cattle farms. Potatoes are another I significant crop, particularly in the Le Boeuf Creek bottomlands in Le Boeuf and Waterford Townships, in the south-central areas of the County. t Agricultural Preservation Techniques:

There are five tools for the preservation of agricultural lands that are available in I Pennsylvania. They are implementation of Act 43 of 1981 (the Agricultural Security Area Act) and Act 319 of 1974 (the Clean and Green Act), the purchase or donation of t development rights, comprehensive planning, agricultural preservation zoning, and the transfer of development rights (as permitted in the Pennsylvania Municipalities Planning Code, A ct 2 47 o f 1 968, as amended). These tools have been implemented to varying I degrees in Erie County. Agricultural Securitv Areas and Clean and Green: Pennsylvania Acts 43 of 1981 and 3 19 of 1974 (the Agricultural Security Area Act and the Clean and Green Act, respectively) r - ___ -- - have been passed specifically to relieve certain burdens from the agricultural community. +%” “r I

The Agricultural Security Area Act allows landowners to establish an Agricultural “.- LI r Security Area (ASA) within one or more municipalities, within which normal agricultural activities are exempt from local nuisance ordinances (such as those that involve noise, dust, or odors), limitations are placed on land condemnation and eminent domain, and t -- hazardous waste treatment or storage facilities are not permitted. An ASA must consist of 250 acres or more, owned by one or more persons, and participating properties must be I I engaged in the production of crops, 1ivestock, o r 1 ivestock products. L andowners can enroll their properties in an ASA at any time, and the municipality must review its ASA every seven years, removing parcels which have shifted out of agicultural use. A property owner may remove his property at any time. Location in an approved ASA is one requirement for the sale of development rights.

The Clean and Green Act provides for property tax relief for agricultural and agricultural and forest reserve lands by assessing enrolled property on the basis of its current use value, not at its market value. The market value is based on the “highest and best use” of the land. Often, this highest and best use is single-family residential development, and the difference between the agricultural and non-a@cultural assessments can be substantial; this tax relief may help the farmer remain in business.

Over 4,000 Erie County parcels, comprising almost 150,000 acres, have been enrolled in the Clean and Green program, representing active farms, forested land, and other open space. Seventeen municipalities, including 16 rural townships and o ne r ural b oroush, have established ASAs containing more than 66,500 acres (See Map 1).

Purchase or Donation of Development Rights: In Pennsylvania, a landowner may separate the development rights to a parcel of land from the land itself, making it possible for those development rights to b e s old, transferred, or donated to another party. The . Pennsylvania Purchase of Agricultural Conservation Easements (PACE) Program has been designed to encourage landowners to make a long-term commitment to agriculture by offering them financial incentives and security of land use; to protect normal farming operations in agricultural security areas from non-farmland uses that may render farming impractical; to protect farming operations from complaints of public nuisance against normal farming operations; to assure conservation of viable agricultural lands in order to protect the agricultural economy; to provide compensation to landowners in exchange for their relinquishment of the right to develop their property; and to maximize agricultural easement purchase funds and protect the investment of taxpayers in agricultural conservation easements.

In the sale or donation of development rights, the landowner permanently relinquishes the right to develop his property in exchange for a cash payment or a receipt of charitable contribution, which can then be used as a tax deduction. The amount of the payment or deduction is based on the difference between the value of the land as agricultural land and the market value of the land. An agricultural conservation easement is then placed over the entire property, preventing development from occurring. Generally, only private land trusts receive donated easements while governmental agencies (and some private __ --- - trusts) pay. . __ I 1. The Erie County Agricultural Land Preservation Board participates in the PACE Program, using State, County, Federal and private funds to purchase the development rights to Erie County farms. As of December 31, 2002, the Board has acquired agricultural conservation easements on 25 farms totaling almost 2,900 acres and is working to purchase the development rights to five others (See Map 2). Currently, there are no private efforts to acquire development rights.

Comprehensive Planninq: The basic purpose of comprehensive planning is to designate and separate areas most appropriate for varying types of development, be it residential, \ I- commercial, industrial, or agricultural. Typically, any new development would be targeted to areas that are currently served by public utilities, or areas to which public utility extensions are projected. Areas that are to remain rural and agricultural are generally not targeted for the extension of public utilities, nor are they targeted for development. The Municipalities Planning Code then allows a municipality to adopt the appropriate ordinances (such as zoning, subdivision and land development, and official map ordinances) for implementing the comprehensive plan.

In Erie County, all but one m unicipality h ave adopted comprehensive p lans, a nd have designated areas to receive development. All of the rural townships, some rural boroughs, and some townships that could be considered suburban have also used their comprehensive p lans to d esignate a reas s uitable for agriculture and rural development. Furthermore, all but three municipalities (Conneaut and Elk Creek Townships, and Platea Borough) have adopted municipal zoning ordinances to implement their comprehensive plans. In those zoning districts designated as agricultural, whether they are designated “Agricultural,” “Agrarian,” “Rural,” or something similar, not only are the permitted uses generally restricted to those compatible with agriculture but lot sizes are generally set so that the creation of large, dense residential subdivisions is discouraged.

Amicultural Preservation Zoning: The basic purpose of agricultural preservation zoning (APZ) is to prohibit uses incompatible with agriculture and to place strict limitations on the amount of residential development that may occur in these areas. Such restrictions are usually in the form of area-based allowances, which limit the number of allowable new dwellings depending on the size of the parent tract. This number may be based on a fixed ratio (i.e. one dwelling per 25 acres), a sliding scale (Le. smaller parcels that are less amenable to large-scale farming are allowed a greater density of new lots), or a fixed percentage of the parent tract. Further provisions for APZ may include requiring new dwellings to be on the least agriculturally productive land, maximum lot sizes for new residential lots, bonus densities for clustering new lots, minimum parent tract size, and subdivision restrictions if the parent tract consists entirely of prime agricultural soils. Each method has both advantages and disadvantages; each method works to protect agriculture and agricultural land but also tends to restrict the speculative value of the I land. ------To date in Erie County, APZ has been considered by only one municipality (North East--- -- ~ _.. I“ ” _, . I. r Township), which did not adopt the provisions. ~-~~,-----, I. Transferable Development Rights: In a transfer of development rights (TDR), it is possible to sever the rights to develop a tract from the tract itself, then sell these rights to t a second party, who may then in turn apply these development rights to another parcel. However, this procedure requires a certain structure. As provided by the Municipalities I i Planning Code, in order to allow TDR a municipality must desipate transferring and receiving districts, where only parcels in former districts may transfer their development I rights, and only parcels in the latter districts may have them applied.

Usually, TDR involves dwelling units and residential zones. In a municipality that has 1. established a procedure for the transfer of development rights, the transferring districts are normally agricultural or rural districts, or other districts in which the municipality wishes to limit the density of residential development. In the same way, receiving districts are normally higher-density districts in which the municipality wishes to increase the density or encourage infill development. When the transfer is completed, the transfemng property has its development potential permanently reduced, since the landowner has transfened the right to develop his property to another parcel.

No Erie County municipalities have yet considered instituting TDR.

Agricultural Preseivation Plan:

Erie County is fortunate to contain not only one of Pennsylvania’s largest cities but also a substantial rural and agricultural population. And just as the urban core provides products, services, and resources that enhance the lives of rural residents, the rural area does the same to enhance the lives of city and suburban dwellers. Therefore it is in everyone’s best interest - urban, suburban, and rural residents alike - to help preserve agricultural lands and maintain the rural economy. Erie County itself, acting as a facilitator, consultant, and resource clearinghouse, can implement policies of its own, as well as assist the local municipalities in utilizing the tools available to achieve the preservation of agricultural lands.

Adcultural Security Areas: One of the simplest actions a municipality can take to encourage the preservation of agricultural land is to establish an Agricultural Security Area. By doing so, a municipality states that it places importance on the continued existence of agriculture within the community, and is willing to take steps to help maintain it. The County should encourage the expansion of Agricultural Security Areas within the municipalities that have created them, and encourage their establishment in those rural municipalities without them. Although being in an ASA places no subdivision or development restrictions upon a parcel, it may be the first step towards the sale of development rights and the permanent preservation of farmland.

A well-done ASA will be more than just a random collection of farm parcels scattered throughout the municipality, however. Agriculture can be most productive and effective in contiguous blocks, without interruption by non-agricultural uses. The County should ------‘l_ - I_*_ - encourage m unicipalities to consider the long-range impacts of entering parcels in an ASA, and s hould discourage municipalities from entering parcels located within areas targeted for growth or public utilities expansion. If a municipality allows parcels that are located in areas either already served by public u tilities o r i n a reas t argeted for future t development to be enrolled in its ASA, it does a disservice to the agricultural community. Farms located in current or fbture development areas are, by definition, expected to eventually become surrounded by development. When surrounded. by residential, commercial, or industrial development, such farms will most likely find it difficult to I continue operation. I f they shut down, it defeats the purpose of enrolling them in the ASA in the first place. The most effective Agricultural Security Areas will be the ones that take into account any existing or targeted development areas and take the opportunity to minimize conflict between agricultural and non-agricultural uses.

Purchase of Development Richts: The acquisition of an Agicultural Conservation Easement by an o rganization (whether p ublic or private) can, in effect, assure that the eased parcel has its development potential permanently removed. In Pennsylvania, a property owner must wait a minimum of 25 years before requesting a status review for a parcel that has had its development rights sold through the PACE program, and my change in the easement requires evidence that the parcel is “incapable of further agricultural production.” Agricultural Conservation Easements acquired by private organizations may be permanent. The sale of development rights, therefore, is perhaps the most powerful tool available for the preservation. of prime agricultural land. As previously mentioned, the agricultural e conomy remains most viable when agricultural land exists in blocks. The County should focus its easement pu~cliasesin such a manner that it establishes large, contiguous areas ofpermanentlypreserved farmland.

The County should continue to budget fiscal and staff resources to support these efforts. The PACE program can be an intensive project, requiring hours and dollars that a municipality, ’especially a rural municipality, cannot easily afford. Although a Pennsylvania municipality is permitted to establish its own PACE program independent of a county’s program, it is recognized that few Erie County municipalities have the desire or resources to do so. As such, it is important that the County continue to serve as the agent for the PACE program.

Comprehensive Planning: Comprehensive planning is the only way a community - whether it is a single municipality, a multi-municipal region, or a county as a whole - can articulate its vision of itself and establish a method for implementing and achieving that vision. If such a vision includes maintaining a rural character and viable agricultural economy, either throughout the community or just in a limited area, the comprehensive plan should reflect this. A considered and coherent comprehensive plan should be the foundation upon which a municipality’s ordinances and policies are based, in a deliberate attempt to implement the plan.

Although nearly every municipality in Erie County has an adopted comprehensive plan, many are over fifteen years old, and a few were completed nearly thirty years ago. Many _. - - -- -

of the urban or ‘’urban fiinge” municipalities have recent comprehensive plan updates or ~ ,,=SA... are developing updates, but many rural municipalities, especially in the southern and ” southwestern portions of the county, are among those that have the oldest plans. These plans are based upon thirty-year-old assumptions and attitudes, assumptions and attitudes that might not only have changed since the plan was adopted, but now might be largely discredited. The Pennsylvania Municipalities Planning Code, amended by Acts 67, 68, and 127 in 2000, now requires that comprehensive plans be reviewed (in the case of cities, boroughs, and townships) and updated (in the case of counties) every ten years. The County should encourage arid assist all niiinicipalities to update their cornprekerisive plans in a thoughtfit1and coherent mamcr. 111 particular, those rural mrirticipalities u’itlz higher-quality soils arid an intact agi.icultzira1 econoiny should be encouraged to adopt conzprehensive plans which promote the preservation of farmland.

The County should also encourage any municipality that adopts a new conprehensive pian to update the municipal ordinances. The only sure way for a municipality to implement a comprehensive plan, which presumably reflects the desires and vision of the citizens, is with municipal ordinances. Zoning, subdivision, and land development ordinances all affect how development occurs in a municipality and they should be revised, updated, or adopted to implement the provisions of the comprehensive plan.

Ordinances can be written in such a way as to allow for both the continuation of agriculture and the introduction of a moderate amount of development. Conservation Subdivision Design is a technique in which, rather than permitting traditional subdivision design where a parcel is completely subdivided according to the allowable density (i.e., at a density of one dwelling per acre a twenty-acre parcel would be subdivided into twenty lots), the maximum number of lots (twenty) is only allowed if a certain amount of the original parcel remains permanently undeveloped. Therefore, lots will be smaller but will also abut permanently preserved open space. In the case of a farm, this open space may have a permanent conservation easement place upon it and then be leased or sold to an active farmer. Conservation Subdivision Design has become a prominent part of Pennsylvania’s *‘Growing Smarter” initiative, an effort to preserve agricultural land and open space and to restrain the negative effects of costly over-development. The County should encourage municipalities to examine the Conservation Subdivision Design techniques, especially those municipalities that are revising or adopting their zoning or subdivision and land development ordinances. Since Conservation Subdivision Design can be an information-intensive program, the County should also work towards developing a County-wide data library that is accessible to municipalities and developers to help them in the Conservation Designprocess. I Such Conservation Subdivisions are generally located in agriculturally zoned regions. As such, they would most likely not be served b y public s ewer and w ater 1ines, and it i s important that they not be served by such infkastructure. Once public sewer and water 1 service is extended to an a rea i t i s e xtremely d ifficult to p revent further d evelopment, since the presence of these facilities allows much denser development on a much greater scale. The County should discourage the extension of public sewer and water lines into I: those areas designated important to agriculture and the local agricultural industry, and - encourage municipalities to reject or eliminate any provisions in their zoning ordinances ,m <>,-”.--- I r I/ that would allow for lot-size reduction in agricultural areas with the extension of public r utilities. If lot-size reduction with the extension of public utilities is permitted in agricultural areas, then those regions are, in effect, suburban areas and will eventually be t- developed as such. i

1 Arrricultural Preservation Zoninq: By adopting a zoning ordinance a municipality takes a role in actively determining how and where various land uses will locate. Although a comprehensive plan may designate which areas are best suited for various types of development, it is the zoning ordinance that implements the plan. As previously noted, many Erie County rnunicipalities have designated areas as “Agricultural” or something similar. These ordinances do not, however, truly limit the amount of development that 1- may occur in these districts. For example, there are no limits on how many lots might be subdivided out of a farm, nor on where they might locate (a particular problem in areas with prime soils), nor are there delineated boundaries beyond which public utilities will ! not be extended. No municipality in Erie County has yet adopted APZ. Although APZ can be a useful tool, it is recognized that it is not for every municipality; it I will be most effective in municipalities that have a strong desire to maintain the agricultural nature of their community and are willing to adopt powerfi~lmeasures in f order to do so. The adoption of APZ by a municipality may be a controversial subject, t since by its very nature it reduces the speculative value of farmland. APZ should not be considered for adoption by any municipality that will not have the wherewithal to enforce i the ordinance. APZ should also not be considered by any municipality in which farming t and agricultural activities are not a significant part of the economy or character.

APZ should nevertheless be considered as a viable tool for the preservation of I agricultural land by those municipalities that value their rural nature and agricultural economy. For a municipality truly dedicated to the preservation of its agricultural sector, I APZ is one of the most powefil methods available to achieve that end. Transferable Development Rights: By establishing a TDR procedure, a municipality makes a statement that not only does it have areas in which it wishes to restrict the . i density of development, but that it also has areas that it is going to allow, and also encourage, to develop in a more dense pattern. This tool might be especially usehl for a municipality that wishes to protect its rural and agricultural areas while not rejecting all I development.

Unfortunately for a s mall o r financially d isadvantaged m unicipality, the T DR program I can be records-intensive. A record must be kept of which parcels are in the transfemng districts, which are in the receiving districts, which parcels have previously transferred their development rights and deed restrictions to those parcels, which parcels have I previously received and built, and which have received and not built. Much of this information, especially the deed restrictions, will be on record in the County Recorder of Deeds office, but for a single municipality it would be more efficient and useful to have it - - - - l- all collected at a single location, such as the municipal building. A rural municipality -- - *-.. ~ may not have the space, the manpower, or both in sufficient amounts to keep effective Lv’--yy i records of this program. Like agricultural protection zoning, TDR can be an effective tool for maintaining the t- rural character of a municipality but it is not a tool to be adopted in a casual manner. Without a firm determination on the part of the municipality to administer it consistently I 1 and keep accurate records, a TDR program adopted with the best of intentions will not and cannot hnction properly. i Conelusion i A number of tools are available in Pennsylvania for the preservation of agricultural land, some of which are more effective than others. By the nature of municipal organization in the Commonwealth, Erie County is limited in what actions it can take within individual municipalities. T he County can, however, present techniques to the municipalities for their review and consideration and can encourage the municipalities to take certain courses of action or adopt certain techniques and policies. It should be recognized that not every municipality approached will want to adopt all or any of the techniques presented, and that not every acre of land currently used for farming can or should be preserved. The most effective municipal farmland preservation programs will be the ones into which the municipality has entered voluntarily because it sees the value of the program. Erie County’s role should be that of information clearinghouse, technical advisor, hding source, and facilitator in this process.

r r

! Erie County Department of Planning, 2004 . li I MAP 2

AGRICULTURAL EASEMENTS PURCHASED

Agricultural Easement Purchased Easement Purchase in Process Non-ASA Municipalities Total Easement Acreage Putchased - 4,545 as of July 2006

I

Erie County Department of Planning, 2006 , NATURAL RESOURCES PRESERVATION GUIDELINES

,

i I NATURAL RESOURCES PRESERVATION Introdiiction:

1 Every Erie County community contains environmentally sensitive areas, areas of natural resources that are beneficial aesthetically and ecologically, areas that not only help to 1- define a community's character but that also help to maintain that character. It is important that each community is aware of these areas, and acknowledges the positive effects they might have on its well-being. The natural environment and the manner in I which it fits together - the floodplains and wetlands of stream valleys, the woodlands and escarpments of the hillsides, and the aquifers that receive and distribute groundwater - was in place and in effect long before human settlement amved to alter it. Each I community should become aware that the best way to avoid conflict between the natural and the constructed environment is to develop planning techniques that best integrate the two. They are not polar opposites, and the constructed environment can and should I contain and protect the natural features present on the site. The pressures and demands upon Erie County's natural resources will only increase in 1 the coming years. As development spreads beyond the traditional urban center into areas previously thought of as rural, sites that were never before considered viable for development are being considered for new residential, commercial, or industrial I development. Without a plan to preserve and protect natural resources in these areas, a community that prides itself on its natural environment rn ay find i tself b ereft o f t hese 1 assets in relatively short order, and experiencing problems never before encountered. This section draws heavily upon and incorporates, by reference, the Erie County Environmental Protection Plan, prepared by the Erie County Metropolitan Planning I Commission in 1977. 1 Environmentally Sensitive Areas: . There are five common e nvironmentally s ensitive a reas, a 11 of which are associated in some manner with water resources. They include watersheds, wetlands, aquifers, 1 escarpments and steep s lopes, and woodlands. Land use controls are important in the management of these natural areas: poorly regulated development of steep slopes, woodlands, and wetlands can result in the removal of hillside vegetation and the filling of I adjacent marshes; streams become choked with sediment due to increased runoff from the loss of protective vegetative cover and the growing number of impervious surfaces; and increased runoff can result in flooding of streams that are already high due to the 1 .____ - - - --

increased sediment in their beds. Moreover, local streams become health hazards I I .. ", I ... . - - " because the natural filtering system of the surface waters is destroyed by fill and 1.- sedimentation and increased pollution from landfill sites, lawn fertilizers, and faulty sewage systems. The polluted runoff decreases and degrades the amount of water that the stream adds to groundwater supplies, which in turn can cause some wells to run dry t and others to be threatened with pollution. 1 I

I Few communities experience such disasters simultaneously, but many have or will have similar problems. A community having such problems must then obtain hnds and 1 assistance to protect itself fiom floods and replenish and clean its water supply. The 1 treatment is almost always expensive and will not prevent hture problems. Careful land use planning within a watershed in the first place could niake remedial measures unnecessary and could save a community from considerable economic and environmental I- damage. Preventive land use controls can maintain the quality of existing pristine areas. Remedial action, if accomplished by preventative land use controls, cannot only clean up polluted streams and afford flood protection, but can also assure that such problems, as ! they are solved by remedial efforts, will not be repeated.

Watersheds, Wetlands, and Aquifers: Clean water is the single most important item I necessary for life. No life on Earth can exist without it, and life is not absent where water is present. Cities are founded on riverbanks, and nations develop in river valleys. Clean water i s o f p rime i mportance in maintaining a healthy and vibrant environment, and a 1 healthy environment is important for the availability of clean water. All drinking water in the United .States is taken either from an aquifer via public or private wells, or fiom a body of surface water (usually a stream or lake) via a public intake system. Moreover, 1 streams, wetlands, and aquifers are interconnected within the surface- and groundwater systems. Streams and wetlands - surface water bodies - both replenish the aquifers in I rainy seasons and draw from the aquifers during dry seasons. Watersheds: Development in a watershed can alter the relationship between streams and groundwater by affecting the peak and base flows of streams, which mark the high and I low volumes of flow. An increase in impervious surfaces, such as roads and buildings, accelerates runoff by releasing precipitation that would otherwise be absorbed by the soil, and the heat from these surfaces makes snow and ice melt faster. Similarly, destruction I of vegetation and wetlands increases the rate of runoff since they can absorb some precipitation or, in the case of woodlands, shade snow and ice, moderating the rate of melting. As a result, precipitation passes too quickly through groundwater channels, I increasing the rate of stream flow and making it irregular and causing groundwater 1 reservoirs to fluctuate, depriving a community of a stable water supply. In a natural state, a stream can handle the rate of runoff from any average rainfall. This does not mean that flooding is an unnatural phenomenon; it occurs regularly to some 1 extent in all streams during periods of heavy precipitation and melting. However, the flooding is seldom catastrophic, thanks to the moderating effects of vegetation, organic litter, and wetlands. Disturbance of these moderators of runoff can produce unnaturally high and occasionally catastrophic flooding. Thus, an important part of a community’s r - flood control program includes regulation of development in sensitive environmental - -- ~ __ . . .--- ,..IC r areas such as hillsides, woodlands, and wetlands. Development of upstream areas can increase runoff and erosion by removing vegetation whose roots, leaves, and litter retard erosion, or by massive construction practices which t grade hillsides, remove topsoil, and leave large areas of land bare and vulnerable to erosion during construction. The sediment yield from areas undergoing development 1 1 I may be from three to one hundred times as great as that from predominantly rural or natural areas. The most critical problem of sedimentation occurs during the early construction stages when topsoil is stripped and subjected to erosion from running water. I The severity of the problem depends upon previous land use, the grade of the slope, the length of the slope, and the type of impervious and pervious cover. For example, forested cover once removed may release far more sediment than a disturbed agricultural area. As 1- the degree of slope and its length increases, so does the sediment production potential. Also, certain soil types are more sensitive to erosion than others.

I Along with the loss of shading vegetation as a result of stream bank erosion, impervious surfaces themselves can also increase the thermal pollution of a stream. Natural soil and 1 vegetative cover moderate the temperature fluctuations of solar radiation while roads, ' buildings, parking lots, and other impervious surfaces do not, thus increasing temperature extremes. This phenomenon also increases the rapidity and amount of runoff from melting snow and ice, which occurs more gradually under vegetative cover and on natural I soils.

Another harmful result of poorly-planned land use on streams and waterways is chemical I and organic pollution. Impervious surfaces not only accelerate the amount of runoff, they also produce polluted runoff. Parking lots, streets, and airports can add petroleum products to runoff water, as well as significant amounts of salts and chemicals used to I melt snow and ice. Storage areas for fertilizers and chemicals raise the dangers of spills and leaks, and dumping and landfill sites can contribute even further to polluted runoff. Sewage plants and septic tanks, i f t hey are improperly constructed or placed in highly I permeable soils, can overflow or leak polluted water directly into runoff channels or indirectly through groundwater channels that may feed a small creek. Heavy applications of plant fertilizers may find their way rapidly into streams as precipitation runs off these I areas into gutters or storm sewers. I Wetlands: Unlike permanent streams and lakes, wetlands are transitional areas between dry land and open water, distinguished by areas of low topography, poor drainage, and standing water. Due to seasonal and yearly variations in the borders of wetlands, they are I sometimes hard to spot. Waterlogged land in the spring may be dry throughout most of the summer and fall, while during years of extensive rainfall wetlands are more extensive I than in years of drought. Wetlands influence the quality and quantity of water by slowing and filtering runoff and surface water as it flows. The sterns, leaves, and roots of the plants in a wetland slow the 1 flow of water through it, allowing silt to settle out and catching some of it themselves. They retain water during dry periods and hold it back during floods. Wetlands also ------

_-I provide essential breeding, nesting, resting, and feeding grounds and predator-escape' -'." "" >>"... r cover for many species of fish and wildlife, and the presence o f w ater is attractive to many birds and animals.

t - As moderators of extremes in water supply, wetlands retain water during dry periods and hold it back during floods, thus keeping the water table high and relatively stable. Peat, 1 1

1 the organic material deposited at the bottom of a wetland as plants die, can hold and maintain large quantities of water, and makes wetlands natural sponges that reduce the risks of flooding and drought. The removal of wetlands causes faster runoff of dirtier 1- water, and exposes the downstream water resources to increased siltation and pollution. Though overland runoff is a natural process that, in itself, is not harmful to wetlands, if the speed of runoff or the erodibility of the upland is increased, then sediments and 1.- nutrients from upland development can overload and damage the natural system, turning the wetland into a settling basin of polluted and unpleasant-smellingwater.

I To a large extent, if wetlands are performing their various water-related functions properly, species d iversity and environmental h ealth will follow as a matter of course. The more varied an environment is in terms of habitat, flora, and fauna, the more stable it I is and the fewer large fluctuations due to inside or outside disturbances. Species diversity ensures more channels for diverting and dispersing the results of disturbance and the 1 lesser the likelihood that there will be abrupt population changes. Wetland ecosystems are more complex in terms of this species diversity than some other systems. One explanation is that they have a number of edges or boundaries between I different types of vegetation, and at such edges the greatest diversity occurs. Along their immediate uplands, wetlands may be surrounded by trees or shbs; as the gradient declines there may be sedge meadows or shallow marshes; finally, there is a change to I deep marshes and open water. Each of these areas provides niches for different plants and animals.

I Aquifers: Groundwater is contained in underground formations called aquifers, composed of consolidated rocks, such as limestone or basalt, or unconsolidated gravels and sands. This stored water is released to the surface through wells and springs or by I seepage into lakes, rivers, and wetlands. Just as groundwater ultimately returns to the surface, it is also replenished fiom the surface. Water from streams and lakes seeps down into an aquifer and, where an aquifer or a transmitting formation is exposed to the I. surface, precipitation percolates directly into the aquifer. Consequently, the groundwater reservoirs moderate surface flow, absorbing water during rains or periods of high flow I and then gradually releasing it during periods of low flow. Although groundwater is directly related to surface water, it is also an important resource I in its own right. Much of the country's population is dependent upon this resource for its drinking water, and a significant portion of Erie County's population is served by either a central water system supplied by wells or by individual on-lot wells. Vast agricultural 1: enterprises utilize groundwater for irrigation, and commercial and industrial processes are similarly dependent. Yet in order to meet the needs of users, the water must be available ------

. -I_ *. -- - "-" on location at a certain quality and quantity. To insure availability, groundwater should -; r be treated as a limited and sensitive renewable resource. Groundwater differs in some important ways from other renewable resources, in that it is t- essentially a public good with few private economic incentives for its preservation, unlike agricultural or forested areas. The pollution or depletion of local groundwater can make ' I ! I I a community instantly aware of the importance of this resource. Thus, the role for local agencies is to establish an incentive for the protection of this renewable resource. I Ic In many parts of Erie County groundwater is pumped out of aquifers for use as drinking water or for irrigation, yet there are natural limits upon the amount of water that may be extracted from a given aquifer. Although many aquifers are replenished or recharged by F seepage from adjacent underground formations, all aquifers depend, directly or indirectly, upon the infiltration of surface water for recharsing the groundwater supply. The amount of water which enters the aquifers yearly, whether directly from percolation and surface ! water seepage or indirectly fiom adjacent formations, determines the amount of water that can be withdrawn annually without severely depleting the reservoir. Annual average recharge is determined in large part by climate and annual precipitation, but there are 1 other factors as well. The soil must be permeable in order to allow surface water percolation in to the aquifer, or there must be many bodies of surface water with permeable formations connecting them with aquifers. Vegetation on slopes can aid in the I process of a quifer recharge b y retarding r unoff a nd allowing r ain t o p ercolate i nto the ground. I Failing to consider natural limits on recharge can result in the overuse and waste of the t resource. Since the perennial yield of an aquifer is dependent upon the amount of water I recharged into that aquifer, if more water is pumped out than is recharged, the level of the I groundwater reservoir begins to fall. This practice, called mining, can create serious problems when a small annual recharge is greatly exceeded by water demands of communities and agriculture. In areas where pumping exceeds aquifer recharge rates, i water conservation is important. If the water withdrawn from the aquifer were purified and then returned to the groundwater after it was used, the perennial yield could be maintained and, in some cases, increased. But instead, much of the water withdrawn i from the groundwater reservoir is sent down streams, creeks, and rivers. Mining can also cause the land surface to sink or subside. As water is withdrawn from the aquifer, water from surrounding clay or silt layers is drawn into the more permeable aquifer, causing the I clay to shrink as i t dries out. T he clay shrinkage may be substantial enough to cause subsidence at the surface.

I In addition to overuse and waste of groundwater resources, human activities can also impede the process of groundwater recharge. Although many aquifers are recharged indirectly from streams or subterranean waters over a large area of land, an aquifer may I receive a substantial portion of its water from a relatively identifiable recharge area. Development in the recharge area and accompanying coverage with impervious surfaces will impair recharge to the underlying aquifer by physically sealing the recharge area to 1 percolation, thereby decreasing recharge as well as increasing surface runoff. In the ------. ~ ”~ -’-””_-- ’’ ’ process of aquifer recharge, whether directly fiom the surface or indirectly through ’ * I. surrounding formations, some degree of purification occurs. Silt-laden runoff or organically rich effluents from septic tanks are filtered by the soil mantle through which the water percolates. Different soil types have different filtering properties; a coarse r gravel will allow water to pass through rapidly and relatively unchanged, whereas a clay soil slows the flow and filters out some contaminants. Of course, a thick layer of any soil 1 I has a greater filtering capacity than a thin layer of the same material. However, even the most effective filtering action of the soil will not remove all contaminants. I i In general, the filtering ability of most aquifers and the process by which they are L recharged insures that under natural conditions groundwater is relatively pure, especially in comparison to surface water supplies. Although there are aquifers that naturally contain brackish, highly mineralized, or saline waters, much groundwater can be pumped untreated from a well and used for human consumption. Yet improper land use is a threat to these reserves of pure water. Poorly planned waste disposal, urban runoff, heavy use of fertilizers, and other land use practices can allow toxic chemicals, harmful bacteria, and other damaging substances to enter the groundwater reservoir. The most crucial factor in determining the susceptibility of the aquifer to pollution from these sources is the location of the water table. The water table is the upper surface of soils, bedrock, or other minerals saturated by water. It marks the top line of groundwater, but not necessarily the presence of an aquifer, which may be hundreds of feet beneath water- saturated soil. However, the water table does mark the occurrence of the water that eventually enters the aquifer. Thus, an area where the water table is j ust beneath the surface, or where there is only a thin soil mantle, or where the soil is highly permeable, must be treated with care in terms of pollutants.

Escarpments and Steep SloDes: Compared to development in other sensitive areas, escarpments and steep slopes have long been regulated in some areas and the consequent regulations are quite sophisticated. A major reason for this sophistication is the number of disasters resulting from poorly designed slope development. As with floodplain regulations, the willingness to develop land use regulations for these areas seems tied to the frequency or magnitude of the “natural” disasters. However, there is nothing natural about hillside disasters that damage homes, degrade water supplies, or increase flood hazards. In almost every case, such disasters are the result of insufficient predevelopment investigation, poor development design, or inappropriate construction practices. Unlike groundwater, escarpments and steep slopes are not a renewable resource, nor do they have clearly defined benefits for the public good, like woodlands or wetlands. Slopes are geological features on the landscape whose percentage of angle and soil type are in a balance with vegetation, underlying geology, and the amount of precipitation. Maintaining this equilibrium reduces the danger to public health and safety posed by unstable slopes.

Though the angle and soil type of a slope are generally balanced with the amount of precipitation, vegetative cover, and the underlying geology, escarpments are constantly in motion. This perpetual downward movement of hills is the result of the almost -- --

imperceptible and gradual effects of weathering and erosion. Alternate freezing and ---_ - ” li ..-- I- thawing of rocks and the chemical action of water gradually disintegrates them into soil particles. The downward pull of gravity, aided by the force of running water or ice, moves these materials down the slopes. Slope movement of this type is part of the hydrogeoiogic cycle that creates new soil by weathering and cames it via streams into valleys and plains. Rock formations and soils are held in place by friction. Thus, any increase in the load can cause a landslide. Since water between the rocks and particles acts as a lubricant, rocks and soils saturated by spring thaws or heavy precipitation can overcome this fiiction and cause a slide. Moreover, since saturated materials are heavier than drier ones, heavy rains or melting water can overload a slope’s retaining capacity. In addition to the retaining power of fiction, many slopes are held in place by accumulated debris or other formations at the bottom or foot of the hill. Loss of this support through erosion or development can also cause a landslide.

Vegetative cover plays an important role in moderating erosion. Leaves and organic litter cushion the impact of precipitation and increase the soil’s permeability. While dried hay may be scattered over a disturbed slope or vegetation may be replaced, some soils will support only specialized vegetation. In regions where the soil mantle is very thin, even a short period of no cover, especially during periods of heavy precipitation or melting, can erode enough of the soil to make replacing lost vesetation difficult, if not impossible.

Rapid erosion of escarpments causes many other problems, too. Since the effects of hillside erosion as a result of disturbance are felt throughout the entire drainage basin, i what happens on the hillside will eventually be reflected in the larger watershed. The \ impact of increased runoff may thus be far greater in downstream areas than on the I hillside itself. The increased sediment load can choke streams, fill up wetlands, and increase turbidity, thereby making these water systems unsuitable €or drinking water and for supporting many species of plants and animals.

I The m echanical alteration o f escarpments b y grading o r 1eveling not o nly d estroys the vegetative cover, but also alters the character of a slope. The degree of slope may be I. increased, thereby increasing erosion, and more easily eroded soils or rocks may be uncovered. The most extreme alteration of a hillside is to level it. This and similar radical changes to hillsides can have far-reaching consequences, including rapid erosion, disturbance of groundwater hydrology, and alteration in stream flow and drainage patterns.

Escarpments and steep slopes are distinctive features of a local landscape, providing a community with an attractive setting. Often they are natural boundaries that establish the political identity of a community. One index of the aesthetic value of escarpments is the premium of real estate sites with a “view.” However, it is relatively difficult to quantify the aesthetic resources of steep slopes in providing a varied landscape and community identity. Scattered projects that retain most of the vegetation and distinctive features, such as hilltops and outcroppings, and follow the natural terrain are not only attractive, but also safe and ecologically sound. - .- - - - . -. -- - - .- Woodlands: Human impact on Erie County’s forests has been extensive. While there are still large areas of woodlands within the County, much of today’s forests consist of second- or third-growth timber. Though markedly different from the original woodlands, t today’s forests are nevertheless of incalculable value for timber, wildlife habitat, I recreation, and aesthetic enjoyment. While large acreages are protected as State game preserves and State and municipal parks, significant parts of our woodlands are once again under potential threat, this time chiefly from haphazard housing and suburban development, rather than lumber and agricultural development.

L Not only do the recreational, aesthetic, and economic benefits of woodlands suffer from poorly planned use, but other, less famiiiar benefits of forests are also hanned. Woodlands are important moderators of climatic phenomena, such as tlooding and high winds, and thus protect watersheds from the siltation and erosion that could result. The forest floor acts as a filter to water percolating into groundwater reservoirs, and the forest I itself can i mprove air quality by absorbing some air pollutants. Moreover, woodlands moderate local climatic changes, most significantly by providing more moderate temperatures in contrast to the fluctuation between hot days and chilly nights in open I areas such as fields, suburbs, and cities.

The question is not whether woodlands will be developed; it is rather how that I development will occur. One look at a community that allowed the careless development of its woodlands shows that the public interest in woodland protection extends far beyond aesthetics. Increased erosion and siltation, decreased water quality, loss of landscape I diversity, increased dangers fiom flooding, and decreased land values are all possible results of poorly planned woodland development. Cutting the forest can also change the I surrounding ecology of wildlife and associated herbs and shbscompletely. Due to their small size and the proximity of housing and commercial development, most forests in suburban areas are unsuited for the economic uses of tree forestry, yet they I have values that cannot be measured in board feet. Maintaining overall environmental health, protecting watersheds and soils, improving water and air quality, buffering the noises and sights of civilization, and modifying the climate of the urban environment and 1 providing habitat areas for many species of plants and animals are some of the woodland's greatest benefits.

1 Woodlands are particularly important protectors and conservers of watersheds and soils in certain critical areas, Destruction of woodlands in hilly or mountainous regions, where the soil is especially thin, can result in erosion of the valuable soil. With no soil or I vegetation to moderate runoff from precipitation, flooding may result, as well as loss of precipitation ordinarily retained,and recharged into groundwater reserves by the forest.

I Not only do forests improve soil and water quality, they also improve air quality. Leaves moist with dew or rainwater can reduce suspended particles in the air, which are later washed off by rainwater. Furthermore, plants can serve to moderate the effect of 1. - - __ chemical pollutants in the air by absorbing some ozone, carbon dioxide, and sulfur- - _" - dioxide. Though plants can absorb such pollutants and thus moderate their effects, they"""" ---'-- -.-- f can be severely damaged by them. The resilience of forests in adapting to environmental change is aided by the creation of a t microclimate around the forest itself. The forest canopy functions much like cioud cover, keeping warmth fiom the ground in at night and dispelling heat from the sun during the I I day. Part of the dispersal of daytime heat is accomplished by absorption of solar radiation. Moreover, the vegetation of the forest produces “summer haze,” a cover of I water vapor from transpiration and evaporation that can absorb up to 20 percent of incoming solar radiation. The forest thus acts as an air conditioner for surrounding areas by absorbing large quantities of radiation and moderating large amounts of air within its shade.

The benefits of this microclimatic effect to surrounding urban and suburban areas can be significant. An urban environment devoid of vegetation is the exact opposite of the forest microclimate, increasing the range of temperature fluctuations, much like the climatic effects of a desert. The sun’s energy striking streets and buildings is changed into heat, further increasing the temperature on a hot day; at night the buildings lose this heat and offer no protective cover from night chill or winter winds. Thus, if forests are interspersed among built-up areas, the effects of their microclimates can be felt in adjacent urban areas, moderating tluctuations in temperature by keeping the surrounding air cooler in the summer and daytime and warmer in the winter and evening.

Natura 1 Resources Preservation Techniques

There are two basic tools for the preservation of natural resources available in Pennsylvania. They are the use of comprehensive planning, including the adoption and revision of ordinances for implementing the plan, and land acquisition. These tools have been implemented to varying degrees in Erie County.

Comprehensive Planning: The basic purpose of comprehensive planning is to designate and separate areas most appropriate for varying types of development, be it residential, commercial, industrial, or agricultural. By extension, then, it is also the purpose of the comprehensive plan to designate those areas that are inappropriate for development. Typically, any new development would be targeted to areas that are currently served by public utilities, or areas to which public utility extensions are projected. Areas that are to remain rural or undeveloped are generally not targeted for the extension of public utilities, nor are they designated appropriate for a higher-density land use. The Municipalities Planning Code then allows a municipality to adopt the appropriate ordinances (such as zoning, subdivision and land development, and official map ordinances) for implementing the comprehensive plan.

In Erie County, all but one m unicipality h ave adopted comprehensive p lans, a nd h ave designated areas to receive development. Many have used these comprehensive plans to 1- designate areas suitable for rural development andor conservation. Furthermore, all but three municipalities (Conneaut and Elk Creek Townships, and Platea Borough) have ------. .. adopted municipal zoning ordinances to implement their comprehensive plans. .- %. . .------. ..*..l

Land Acquisition: The surest way to affect the development of a particular piece of property is to actually own it. In the preservation and protection of natural resources and environmentally sensitive areas, this is a legitimate option. Public entities, such as municipalities, and private organizations, such as land trusts or conservation

i organizations, can work toward acquiring land that contains environmentally sensitive areas and other natural features, either in fee simple or through the acquisition of a I I parcel’s development rights. Erie County currently works to preserve agricultural land through the purchase of Agricultural Conservation Easements. The Lake Erie Regional Conservancy and the Western Pennsylvania Conservancy are two conservancy organizations that are a ctive w ithin E rie C ounty, a lthough n either o f t hem i s currently acquiring properties that they themselves own and maintain.

Natural Resources Preservation Plan

If there is any single idea that can be gained by this examination of natural resources, it is that the natural environment is not a collection of discrete, unrelated phenomena. Wetlands, groundwater, woodlands, and escarpments are all woven together in a complex fabric, and to affect one will, to some extent, affect them all. And human civilization is not exempt. We are every bit as much a product and a member of the environment as a stand of pine trees, a herd of deer, or a trout stream. - Where humans differ is that we can take conscious actions to alter our environment. It is not wrong that we do so, for we have made our lives far more productive and comfortable than they would have been otherwise, but we must recognize that our actions will have consequences. It is our responsibility to minimize the negative consequences of our actions so that the environment and the natural resources it contains remain as something that.people will be able to enjoy into the future. This is especially important in Erie County, which, despite having one of the largest cities in Pennsylvania, also has a significant rural area and, in the Presque Isle Peninsula and Lake Erie shoreline, one of Pennsylvania’s most unique natural features.

Comprehensive Planning: Perhaps the most effective manner in which natural resources can be preserved is through comprehensive planning. Comprehensive planning is the only way a community can articulate its vision of itself and establish a method for implementing and achieving that vision. A considered and coherent comprehensive plan should be the basis of a municipality’s ordinances and policies, in a deliberate attempt to implement the plan.

Any community’s comprehensive plan should enumerate those natural resources that the community values, and should set forth policies aimed at preserving them to the level that the community deems desirable. The County should encourage all municipalities to undertake an examination of the natural resources within their borders. A community can plan to protect and preserve its natural resources only after it is aware of what and - -- - - where they are. This process may be as simple and straightforward as compiling a list of - .~ ---^‘--- .-_ .. significant natural features, or as complex and extensive as developing maps showing”. “I r woodlands, watersheds, topography, wetlands, and aquifers and groundwater recharge areas and their relation to the built environment.

Most municipalities in Erie County have adopted comprehensive plans, but many are over fifteen years old, and a few were completed nearly thirty years ago. Many of the urban or “urban fringe” municipalities have recent comprehensive plan updates or are developing updates, but many rural municipalities, especially in the southern and southwestern p ortions o f t he county, a re a mong those that have the oldest plans. The Pennsylvania Municipalities Planning Code, amended by Acts 67, 65, and 127 in 2000, now requires that comprehensive plans be reviewed (cities, boroughs, and townships) and updated (counties) every ten years. The Coitrity should encowage and assist all municipalities it1 updating their comprehensive plans in a thoughtfir1 and coherent manner. In particular, care should be taken to plan for- the preservation of natural resources to the extent that the municipality deems it desirable. Future land use, thc extension of the road network, and the extension of water and sewer lines will all have an impact on the natural environment and its interrelationships. If a community decides that it is important for a stretch of forest, or a stream valley, or a section of the lake bluff to remain undeveloped into the future, then it is important that the community’s comprehensive plan reflect this.

Pursuant to this end, a community may use the official map provisions of the Pennsylvania Municipalities Planning Code to establish specific goals. Section 401 of the MPC states, in part, that a municipality may adopt an Official Map “which may show appropriate elements.. . of the comprehensive plan.. . with regard to public lands and facilities.. ..” These may include “proposed public parks, playgrounds, and open space reservations.” The adoption of an official map allows a municipality to specify areas that, in the future, will or could be put to public use and to give public notice that those areas are under such consideration. The County should encourage any municipality that adopts a new comprehensive plan to also adopt an OficiaI Map Ordinance, as well. This Ordinance may, among other items, speciJsI any parcels or portions of parcels that the municipality is willing to work to acquire to maintain as open space. It should also take care to not extend certain improvements, such as roads. through areas that the municipality desires to remain open and undeveloped. Such official maps must, of course, be consistent with the comprehensive plan.

It must be noted that once a parcel or portion of a parcel has been designated on a municipality’s Official Map, if action is taken by the current owner to subdivide, build, or otherwise develop in the designated portion, the municipality has one year to begin the acquisition process. Consequently, a municipality should take care to designate only those parcels or portions of parcels that it is willing to make a definite commitment to acquire.

Other ordinances can be written so as to protect environmentally sensitive areas. Zoning and subdivision and land development ordinances, for example, can restrict development 1.1 on steep slopes and in floodplains. Federal and State policies currently restrict the -- - - - . Y-- ^I r amount of development permissible in wetlands. Conservation Subdivision Design may be adopted, a technique in which, rather than permitting traditional subdivision design where a parcel is completely subdivided t according to the allowable density (Le., at a density of one dwelling per acre a twenty- acre parcel would be subdivided into twenty lots), the maximum number of lots (twenty) is only allowed if a certain amount of the original parcel remains permanently undeveloped. Therefore, lots will be smaller but will also abut permanently preserved open space. In the case of a farm, this open space may have a permanent conservation easement place upon it and then leased or sold to an active farmer. Conservation Subdivision Design has become a prominent part of Pennsylvania’s “Growing Smarter” initiative, an effort to preserve agricultural land and open space and to restrain the negative effects of costly over-development. Such new techniques are specifically designed to allow a subdivision to protect the most sensitive and aesthetically pleasing features in their natural state. The County should encoui-age any municipality that adopts a new conipr-ehensive plan to update the mirnicipal ordinances, paying particular attention to the ways in which natural resources might be preserved, including development restrictions in environmentally sensitive areas and Conservatiori Subdivision Design techniques.

Land Conservation: One sure way to protect natural resources is to acquire the land on which the resources reside. In many areas of Pennsylvania and the United States this is being done by private land trusts, non-profit organizations that acquire either the development rights to a parcel, or the parcel itself, and subsequentiy prevent development of the land. Erie County currently purchases the development rights to agricultural land through its Agricultural Conservation Easement program, but is not working towards preserving other sensitive lands. The Lake Erie Regional Conservancy (LERC) is a fairly new organization in Erie County that appears to be working in this direction. The Western Pennsylvania Conservancy (WPC) is currently active in Erie County acquiring woodlands and transferring these lands to the Pennsylvania Game Commission for inclusion i n e xisting S tate G meLands. The County s hould support the creation and activities of a land trust that will acquire, own, and maintain environmentally sensitive lands in Erie County, or the development rights thereto.

Conclusion:

Planning for the preservation of a community’s natural resources should be seen as being just as important as planning for residential, commercial, or industrial development. One of the most frequent complaints about many new developments is “there aren’t any trees.” Broad expanses of concrete and asphalt, even those broken up by carefully manicured lawns, are not an adequate replacement for the original landscape. But the value of a community’s natural resources really extends beyond any aesthetic value of “the view,” into mitigation and control of other natural phenomena. Woodlands, hillsides, streams and wetlands, and groundwater all effect and are affected by one another. When a development disturbs one of these it will, in the long term, disturb them I __ - - 1. all and will ultimately affect development, either itself or another one downstream. - _- I*. ., _r -7 Growth and development are not and should not be seen as incompatible with the preservation of a community’s natural. resources; .development does not require widespread harm to natural resources, and natural resources preservation does not I- necessitate the halt of development. The challenge, however, is to integrate the two. i When this occurs, and it can, a community can achieve something much more desirable than either of them individually. c I'

I. t

.I

1 L HISTORIC PRESERVATION GUIDELINES I.

I.

. - . ._ ...... - ...... -...... - ...... -...... -. .- ...... - - . .- - . .- - . - -. .... ,. ." . - ...... /.. . - ...... -.-.".,

I. HISTORICPRESERVATION GUIDELINES I Introduction:

“We have met the enemy, arid they are ours, two ships, two brigs, one schooner and one sloop. ”

Oliver Hazard Perry, September 10, 18 13

Nearly every school child in Erie County recognizes that famous quote by Perry at the conclusion of his battle with the British near Sandusky, Ohio during the War of 1812. They also know the story of the construction of Perry’s brigs, the Lawrence and the Nianara in the Bay at Erie. That history is made even more real by the physical presence of the Niagara at the foot of Holland Street in Erie. This replica ship is a living reminder of an event which occurred nearly two centuries ago.

The Niagara symbolizes the importance of historic places and structures. They serve as a connection to the past. Sometimes, these connections are to events as critical as the War of 1812; others are links to events, lifestyles, or architecture from the past.

This important connection is reflected in the Pennsylvania Municipalities Planning Code. Both Section 30 1(a)(G) and (7) require comprehensive plans and especially county plans to contain sections on historic preservation. This task is not a difficult one for Erie County, which possesses a rich history.

Erie’s first known inhabitants were the Indians of the Eriez Nation, who were exterminated by the Seneca around 1654. For decades thereafter, the region remained under control of the Iroquois Confederacy. Then, in the summer of 1753, a French force established a fort at Presque Isle. The word Eriez, according to the French, meant either “wild cat” or “raccoon” in the Indian dialects. The earliest reference to the name is on a French map of 1651, on which Lake Erie is named Lac du Chat or “Lake of the Cat.” By 1760, the French claims to the rich Ohio Valley had been shattered, and Fort Presque Isle - __ _- was abandoned to the conquering English. After the Revolution, Erie became part of the . - - new republic.

No history of Erie County can be recounted without the story of “The Triangle.” Roughly, the Triangle is some 200,000-plus acres north of the forty-second degree of

HP-1 I

latitude and west of the current New York-Pennsylvania border. Due to their original I charters, at least three states laid claim to this area: New York, Connecticut, and Massachusetts. Pennsylvania lacked a port on Lake Erie and at the urging of Andrew 1- Ellicott, began a campaign to acquire the Triangle. This involved prolonged negotiations and, one by one, the three other states signed grants of cession relinquishing their interests 1- to the national government. Then by action of Congress on September 4, 1788, the sale of the Triangle to Pennsylvania was ratified with the patent signed by President Washington on March 3, 1792. The consideration for 1 the sale was $0.75 an acre, amounting to $1 5 1,640.25. However, there were other claimants to the land, the Indians. On 1 January 9, 1789, Pennsylvania paid the Six Nations $2,000.00 for their claims. Evidently, that settlement did not satisfy all Indian leaders, and on February 3, 1791, an additional $800.00 was paid I to Chiefs Cornplanter, Half-Town, and Big Tree. I In 1792, the General Assembly of Pennsylvania passed an act for laying out the town of Presque Isle, otherwise known as Erie. In June 1795, Generals William Irvine and Andrew Ellicott arrived to I lay out the town, accompanied by surveyors and a company of state militia. Originally part of Millcreek Township, Erie City was I incorporated initihly as a borough in 1805 and hasbeen the only county seat. Erie County, Pennsylvania was created by an act of the legislature dated March 12, 1800. I This same act also created Butler, Crawford, Mercer, Venango, and Warren Counties. As the northwestern portion of the state was, at that time, sparsely populated, a single governing body was established at Meadville, Craw ford County. Erie, Crawford, Mercer, I Venango, and Warren Counties were all governed by this seat until 1803, when the first county officers were elected in Erie County. Prior to the Act of 1800, the land contained within Erie County was defined in turn as part of Lancaster, Cumberland, Bedford, I Westmoreland, and Allegheny Counties. In 1798, while still part of Allegheny County, Erie Township was erected and its boundaries established in the same configuration as the I present County borders. Transportation: Road construction in Erie County had its beginning in 1753 with the road built by the French, connecting forts at Presque Isle and Le Boeuf. It was 34 years; TI __ - - however, before another road was surveyed in the County, after the Revolutionary War. j_lL .,.,.* . The Pennsylvania Population Company’s agent, Judah Colt, opened a road in 1797 from r the mouth of Sixteenmile Creek (present day Freeport) to his agency station (present day t- Colt Station) in Greenfield Township. It was extended the next year to the forks of 1 HP-2 I !

I French Creek (present day Wattsburg). In 1800, a road from North East to Wattsburg was opened paralleling, but running east of, the one from Freeport. I 1 L Construction quickened during the early 1800s, with roads being built connecting Erie to Buffalo and Cleveland (US Route 20) in 1805; North East to Waterford in 1804; Erie to I. the Ohio and New York borders (SR RouteS) in 1806; and Wesleyville to Colt Station (SR Route 430) in 1813. Several toll roads were constructed by private companies. One of the earliest, the Erie and Waterford Turnpike Company with Judah Colt as treasurer, i built the Erie and Waterford Turnpike (US Route 19) in 1805. Objections to turnpike fees prompted one stage company to build the Shunpike Road, connecting Erie and Waterford I in 1828. Stage routes were established between Erie and Pittsburgh in 1826; Erie and Buffalo in I 1820; and Erie and Cleveland in the 1820s. The Village of West Girard in Girard Township thrived during this period, as it housed one of the stage company’s stables on I the Eiie to Cleveland route. Roads were not, however, Erie County’s only transportation mode. During the early 18OOs, canals were viewed as important transportation and commercial resources. In I 1824, New York had completed construction of the Erie Canal which connected the Hudson River to Lake Erie. In 1838, Pennsylvania began the construction of the Erie Extension Canal which would connect Erie and Pittsburgh. The State shortly thereafter I ceded the project to the newly formed Erie Canal Company, which completed this I connection in 1844. The canal entered Erie County in Conneaut Township, passing through Albion to Lockport (present-day Platea Borough) in Girard Township, and then to Girard on Elk . I Creek. The placement of the canal on the east side of Elk Creek prompted the demise of West Girard, which had profited from the stagecoach stop. From Girard, the canal turned east and entered Erie on West 18th Street. The canal, at this I point, ran through Erie City from southwest to northeast, ending at the foot of Sassafras Street. According to a 1 HISTORY OF ERIE COUNTY, published in 1884 by Warren Beers & Co. of Chicago, the canal flourished and 1 was still successfully operating in 1860.

I ----- Then a series of railroads found their way to Erie. These ~ ._ include the Lakeshore Railroad, New York and Erie Railroad, the Ene and North East 1.- Company, and the Franklin Canal Railway. These connections were completed around 1850. However, the successful operation of the Erie Canal Company continued until the t- Erie and Pittsburgh Railroad was completed about 1864. This modal competition along I HP-3 I I I with the small size of barges created problems for the canal. Another factor was the fact that some of the directors of the Erie Canal Company were also in the Erie and Pittsburgh t Railroad management. The official demise of the canal is given at 1871, with the I collapse of the Elk Creek viaduct. Though most of the canal soon fell into disrepair and abandonment, a portion of it was incorporated into Erie City’s sewer system, an early 1- example of adaptive reuse.

The canal era proved short lived. Along with the rest of America, Erie County leaders I had turned to railroads. In 1852, the Erie and Northeast Railroad Company constructed a line to the New York border, where it was to meet the Dunkirk and State Line Railroad. This issue was complicated when the Dunkirk line made an agreement with the Buffalo- 1 Fredonia and State Railroad relative to track gauge, contrary to its original agreement I with the Erie and North East line. I I I I I I ERE CETY IRON WORKS. Meadville, and eventually adjoined lines to Utica, New -.-I ..-.--.-- York to the east and Louisville, Kentucky to the southwest. I L’IDDELL, MARSH & CO., We..* .,I. ,. Although trolley service was becoming more expansive, CARS, STEAM ENGINES, most individuals still traveled long distances on steam F Nil1 CcitrLg rad Irrbioerj ! engines. -- AGRICULTURAL MACHINES, ” -- v-w .nl rryc ~UI..e ram&r*h LUMBER DEALERS. Industry: Industry has always played an important part in I s‘lluuc-.rs~ wd-- the development of Erie County. The industrial period of I- I HI’-4 1 I

1 Company (1 SO), Love11 Manufacturing Company (1869), Erie Forge and Steel Erie Malliable Iron Company (1 SSO), Hammermill Paper (1 897), and General (1907). i-- But, not all of Erie’s major employers were in heavy manufacturing. For example, Erie t- Insurance is a major service company in the County and remains one of its largest employers.

This report could give many additional examples of business, cultural, and educational I resources that link today’s Erie with its rich fabric of history. Also, the physical historic resources in Erie County are plentiful. In June of 1976, the Erie County Metropolitan I Planning Commission published the ERIE COUNTY HISTORIC AND ARCHITECTURAL PRESERVATION PLAN with 110 sites and landmarks inventoried. A more contemporary list can be obtained from the Pennsylvania Historical and Museum 1 Commission. They list some 39 places in Erie that are on the National Register, and an i additional 80 that are deemed eligible for inclusion but have not been formally presented. What should be done to preserve these links to our past? Some might argue for a “hands off’ policy in an attempt to keep such places in a bell-jar environment of no change, and I limited use. On the opposite side, the ultimate “free marketer” might argue that once a site has lost its economic “raison d’etre,’’ it is time to remove it and construct something I appropriate to the current marketplace. This Plan does not hold to either extreme. It recognizes that the historic resources in Erie County outnumber the capacity of governmental and nonprofit agencies to maintain them I all. But, it also does not embrace a laissez faire approach that would ignore historic i treasures, perhaps losing them forever. Regardless of the final Historic Plan, what tools are available for local governments, the I County, or nonprofit agencies to use in any historic setting? Tools for Historic Preservation: To steward Erie County’s historic resources, the tools used for various circumstances may differ widely. One purpose of this chapter of the I Comprehensive Plan is to give communities the knowledge to choose which tools may fit their needs. Key tools include:

I. - - - . The National Register of Historic Places .I” =. .I.-. .. -. 8 The Related Tax Credit Program f 8 The Historic District Act of 1961 t Zoning and Codes for Preservation I HP-5 I i

I I National Register: The key tool of historic preservation policy in the United States is the National Register of Historic Places. The I I Register was established as a part of the Historic Preservation Act c of 1966. Properties listed on the Register may be listed for architectural or historic significance. That significance may be local, statewide, or t- national. Significance may be related to a famous person, an event, or keyed to broad patterns in the past (such as the Westward movement or Industrial Revolution). The National Register listings in Pennsylvania are administered by the Pennsylvania i Historical and Museum Commission (PHMC), which is designated by the Federal government as the official State Historical Preservation Office. The Museum i Commission’s policies have been to encourage the listing of districts in which a number of related structures can be honored and interpreted in their connection with one another. 1 Generally, sites not connected to districts are discouraged unless they are part of a tax I credit effort (see the Tax Credit entry). Once listed, the Register has three main benefits. First, the National Register is an honor. ! Inclusion increases interest in local and national history, thereby increasing love of place. The listed property also receives a higher degree of protection from any project utilizing I Federal funds which would create an adverse impact upon it. It is important to note that I this protection does not apply to any private activity. The property owner remains completely free to alter, expand, or even to demolish the structure. However, i government-funded projects, such as road-building activities or the use of Community Development Block Grant funds, must determine the impact on the resource and, if significant, take corrective action. At the very least, an extensive documentation process I is required before demolition or significant alteration. Thus, the Register can protect private property from destruction by a public body. However, it must also be noted that eligibility for inclusion on the Register is regarded as the same as formal listing. For I example, if a highway project discovered a historic site in its way through a mandatory environmental review process, the site, though not listed on the Register, may be identified by the State Historic Preservation Office (SHPO) as eligible for listing and thus 1 receives the same statutory protection. As was noted earlier in this report, there are some 80 such “eligible” listings in Erie County on the Museum Commission’s Register. The i1 third benefit, tax credit, is important enough to warrant its own section.

Tax Credit: Owners of income-producing property, who conduct restoration activities 1 which meet the Secretary of the Interior’s Standards for Historic Preservation, can receive - I--

a significant 20 percent tax credit on their Federal income tax. For business owners, the.- ---. I ~ tax credit, if pursued carefully, can result in significant profitability, as this is a credit t. against the income tax owed, not an income deduction. The difficulty tends to be in working with a design and construction team that understands the appropriate standards t and also in completing the necessary paper work. A local example of such a tax credit 1 HP-6 i i I if project is the Modern Tool complex at 4th and State Street. It must be noted that the determination of historic listing or eligibility must precede application for the tax credit.

The Historic District Act: For communities which really value their historic resources, land use regulations can actively protect resources. There are two options for this in 1. Pennsylvania. The first is the creation of a historic district under the provision of the Historic District Act of 1961. Not to be confused with a National Register Historic District, the State law is significantly more comprehensive. This power is implemented I through a municipal ordinance. A proposed historic district must be carefully researched and documented as part of this process, with the results submitted to the PHMC. The local historic district ordinance must then be certified by the PHMC before it can become I effective. Upon passage of the ordinance, the local government is empowered to create a Historic Architectural Review Board (HARB). The composition of the five-member 1 HAW is defined by the law and must include in its membership an architect, code officer, and realtor. Subsequent to passing the ordinance and creating the HARB, new construction, exterior renovations, and demolitions must be reviewed and approved, upon I which they are granted a certificate of appropriateness. The HAW approach is used in a number of Pennsylvania Communities. Western Pennsylvania examples are Franklin in I Venango County and Harmony in Butler County. However, there have been some who complain of the Historic District approach. They argue that it can be time-consuming. Another alleged shortcoming has been a perception I by some property owners that the actions of the HARB can be arbitrary or unrealistic. However, these problems can be largely overcome by the original framing of the Historic District Ordinance, close administrative coordination between the code office and the I HARB; and common sense. In spite of its supposed drawbacks, this approach has one clear advantage over the zoning approach described later. That is, at least three members 1 of this Board must have some type of expertise. And, that expertise is balanced between three separate disciplines.

1 Zoning: For some years, communities have been empowered to create zoning for the purposes of “regulating, restricting, or prohibiting uses or structures at, along, or near 1 places having unique historical, architectural, or patriotic interest or value.” Yet, with the passage of Acts 67 and 68 in the year 2000, zoning now “shall provide for protection of natural and historic features and resources.” However, the Planning Code is silent on how r: this mandate might be accomplished. - __ ------For most communities, Historic Zones are treated as Overlay Zones. That is, they add r additional regulations to the underlying zone, be it commercial, residential, or industrial. Typically, the criteria in such zones are based upon the regulations that are typical under t- the Historic District Act. In the case of the City of Erie, in lieu of a HAW, a special urban design committee has been constituted to advise the Planning Commission on such 1 matters. I HP-7 I

I both to educate the public relative to known historic resources in the County, and provide information on the benefits and process of historic preservation. i 5. Where groups or organizations wish to nominate historic structures, places, or areas to the National Register, the County will encourage this action by t- cooperative work with the ECHS&M and the Pennsylvania Historical and Museum Commission. The County’s involvement will be based upon available staff resources but, in any event, it will make the interested parties or municipalities I knowledgeable of the procedures and requirements of such actions. They will also provide the contacts where individuals or organizations may receive further I information for such endeavors. Conclusion: It is not the intention of these policies for the Erie County Departmcnt of I Planning to replace or supplant the ECHS&M. In fact, it views the Erie County Historical Society and Museum Commission as the lead agency for preservation activities in the County. It looks upon its role as assisting and providing technical expertise so that I agencies and other interested municipalities of Erie County can properly preserve their historic resources. I 1 1 I I I 1. I. t I I HP-9 Enclosed are all relevant plans in support of this permit.

Pleasebe advised that I intend to appear for approval of this applicationbefore the North &it Township Planning Commission and Board of Supervisors at their next regular meetkg scheduled for 920-9 at o'clock .M. at the North East Township Building, 10300 West Main Road, North East, Pennsylvania €6428.

Should you have any questions or objections concerning this application, you must appear at the above meeting to voice same.

very WYYours, 1

Return Receipt Requested if Delivered in Person

Date

Said notice must be served either by deputy, constable, any competent person over I, 8, or by certified mail, return receipt requested.

906.2

Prior to presenting the application for approval by the Board of Supervisors, the applicant shall file with the Board of Supenisors an Affidavit of Serviceofthe above described Notice, which Affidavit shall be in the following form:

AFFIDAVIT OF SERVICE

TYPE OF PERM": i t .< I-

PERMIT APPLICANT, ADDRESS AND TELEPHONE NUMBER DATE OF PERMIT APPLICATION: NAMES AND ADDRESSES OF ALL ADJOINING LANDOWNERS WIT" 500 FEET OF YOUR PROPERTY LINE:

Name Address

66 RESOLUTION JUN 2 9 2006 OF I BOROUGH COUNCIL OF BOROUGH OF NORTH EAST

NOW, this 2lstday of June, 2006, comes the Borough Manager (Secretary) of the Borough of North East to certify that:

At a duly noticed regular monthly meeting of the Borough Council, the following Resolution was adopted.

UPON MOTION OF Laurie mis and I I SECOM) OF Loren Meeder 9 I BE IT RESOLVED THAT: The Borough of North East adopt “The North East Area Comprehensive Plan 2005” as 1 the official Comprehensive Plan of the Borough of North East, by the following vote:

1 VOTING FOR UIldnbUS 1 VOTING AGAINST: ABSTAINING:

I

1 IN WITNESS WEIEREOF, the signature of the Borough Manager and Seal of the Borough of North East, the date first above written. ! 1 r . . .- -.. .

,, ...., . ~,... I. . r Borough Manager , , .,.- ..., -.., .. ./, ..* t- I I I i i NORTH EAST TOWNSHIP I RESOLUTION NO. 2005 - 016 I- NORTH EAST AREA COMPREHENSWE PLAN I I I WHEREAS,North East Borough and North East Township, in conjunction with the Erie County Departmeut of Planning, have prepared a Comprehensive Plan for said communities, all

I in accordance with the Pennsylvania Municipalities Planning Code; and I WHEREAS,the various notice and hearing requirements as set forth in said Pennsylvania Municipalities Planning Code have been met.

I NOW, THEREFOkE, BE IT RESOLVED AND IT IS HEkEBY RESOLVED,by the I Board of Supervisors of North East Township, Erie County, Pennsylvania, as follows: I 1. The North East Area Comprehensive Plan 2005, including all maps and charts set forth therein, is hereby adopted as the official Comprehensive Plan of North East Township.

I ADOPTED as a Resolution of North East Township, Erie County, Pennsylvania, this 6Ih I day of June, 2005. I NORTH EAST TOWNSHIP I- ulia Gorniak, Chairman r ATTEST: a. I- dredAhlgrim, Secretary i I I