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Developer seeks temporary construction and permanent drainage easements at Bear Creek Elementary
Summary
A developer with township final plan approval asked the Elizabethtown Area School District on Jan. 14 for a temporary construction easement and a permanent drainage easement that would affect a small triangle of land behind Bear Creek Elementary where a playground and sidewalk now sit.
A developer building a 39‑lot residential subdivision adjacent to Bear Creek Elementary asked the Elizabethtown Area School District to grant a temporary construction easement and a permanent drainage easement to allow road realignment and extension of a storm sewer, attorney Alex Eleker told the board on Jan. 14.
The request matters because the proposed work would affect a small triangular portion of district property behind the elementary school where a playground and sidewalk now sit, Eleker said. Mount Joy Township has required road alignment changes and a drainage easement as part of final plan approvals for the subdivision, he said.
Board members and district operations staff pressed the developer on details: who will own and maintain the new sidewalk segment, who will mow and maintain the grass strip, where contractors will park equipment during work and whether buses or dismissal traffic will be impeded. Eleker said the affected strip is inside the township right of way but the district’s property will be recorded as part of the plan; the township will also hold the drainage easement. He said the developer will indemnify the district, carry insurance and restore any disturbed surfaces at the end of construction.
The developer and several district staff members described safety steps the developer proposes: fencing around the work area, preconstruction coordination meetings with district staff to plan bus and arrival/dismissal access, and a limited temporary construction footprint. Eleker estimated the on‑site construction using district property would last a few weeks to a month but said he would confirm the exact equipment and schedule in writing.
District officials asked whether the developer would offer direct financial compensation to the district for disruption or for moving playground equipment; Eleker said the developer is not offering a cash payment, noting instead the project’s anticipated tax revenue and the improvements to the road and sidewalk. He said the developer will consider community requests — including possible donations toward the district playground — at the company’s discretion.
Board Solicitor and staff told the board they had not yet received final, township‑approved easement documents as of the meeting. The developer said he expected to provide the finalized documents to the district within the week and requested the matter be placed on the board’s end‑of‑January agenda for formal review and potential approval.
No formal district vote was taken at the Jan. 14 workshop. Instead, board members directed staff to review the final easement documents once provided and to return the item to the board for formal action. The district retained questions about sidewalk ownership and maintenance, the exact duration of construction, parking and staging plans, safe routes/crosswalk locations, and whether bus operations would be affected during work.
If the board schedules a formal decision, it will appear on a future business meeting agenda after staff and the solicitor examine final easement forms and any proposed indemnity/insurance language.
