SUCCESS!
The North Whitehall Township Board of Supervisors has passed a change to ordinance 2006-2 that controls building of Over 55 Retirement Communities within the Township. The stated intention of the changes listed below is to make the retirement communities more closely reflect the existing communities in the township, and to promote the development of the communities in areas with existing higher density neighborhoods instead in the more rural areas of the township.
What these mean to us is that if an Over 55 development is constructed in the portion of Strawberry Acres adjacent to our development it will contain fewer houses, spaced further apart, and built only on portions of the site that has less than 25% slopes. This coupled with the Township’s firm stand that drip style waste disposal systems are not allowed within the existing ordinances (resulting in the need to build and maintain through a Municipal Authority a very costly full sewage treatment plant) that the financial cost/benefit of such a development will not be attractive to developers.
I know that this result falls short of a desire to completely ban these types of development in rural areas of the Township, but this is realistically the best outcome we could expect. Federal rules under the Fair Housing considerations require that all townships allow Retirement Communities that fit within the character of the overall community. These changes update the existing ordinance to require that such a community respect and reflect the type of existing houses, and the open widely spaced character of our rural area.
The organization board will be meeting shortly to develop recommendations about our activities in the future. Please contact Lynn Allen, Heather Skorinko or Tom VanVreede if you have any suggestions. Or hold the suggestions until we organize an organization group meeting to discuss or future. One thing I feel strongly that we will need to do is to completely pay off the money we owe the lawyer, and suspend our relationship with him unless a new development proposal is filed that requests variances form the updated ordinance.
Thanks you all for your participation!
Saturday, November 12, 2016
Relevant Sections of Ordinance 2006-2 Changes
NORTH WHITEHALL TOWNSHIP CHANGES APPROVED TO ORDINANCE 2006-2 AT THE NOVEMBER 7,2016 NORTH WHITEHALL TOWNSHIP SUPERVISORS MEETING AS ORDINANCE 2016-3
Section (k)
· Storm Water retention/detention areas shall be subtracted from the gross site area considered for maximum density.
· Slopes from 15% to 25% = 2 units per acre
· slopes exceeding 25% = 0 units.
Section (n)
· The minimum separation distance between walls of buildings: (1) 20 feet between sides of buildings.
Section (h)
· Sewage service from any on-lot or off-site community system is prohibited.
Section (u)
· An censes of the residents age shall be conducted yearly and included in the yearly audit report submitted by the homeowners association to the Township
Section (k)
· Storm Water retention/detention areas shall be subtracted from the gross site area considered for maximum density.
· Slopes from 15% to 25% = 2 units per acre
· slopes exceeding 25% = 0 units.
Section (n)
· The minimum separation distance between walls of buildings: (1) 20 feet between sides of buildings.
Section (h)
· Sewage service from any on-lot or off-site community system is prohibited.
Section (u)
· An censes of the residents age shall be conducted yearly and included in the yearly audit report submitted by the homeowners association to the Township
Thursday, October 20, 2016
Great News - Attend the Meeting to Help!
Friends of Laurel Wood have some great news - North Whitehall Township has proposed changes to the Senior Neighborhood ordinance that would make it more difficult to construct a development on the proposed Strawberry Acres tract!
Want to help us make this proposed changes permanent? Please show your support by attending the planning meeting on Tuesday, October 25, 2016 at 7:30pm at the Township Building.
Some background:
For the last several years, we've been asking North Whitehall Township to disallow zoning changes requested by the Developer of a proposed senior living community on the former Strawberry Acres property. The zoning allowances did not happen and we are now asking for permanent changes to the zoning laws. North Whitehall has taken the first steps to make the zoning requirements for such a development more stringent. I believe that under these changes the proposed Strawberry Acres development would need to be severely reduced if it could be built at all on the current track.
Township Councilman Steve Pany proposed at the October meeting that the Township revise the current ordinance which regulates Senior Developments. The Supervisors agreed that changes should be considered and directed Mr. Pany to develop a proposal to be reviewed by the Planning and Zoning committees prior to their final consideration. After the meeting I provided Mr. Pany with a copy of the proposed changes our group submitted to the Township earlier in the year. The resulting Township proposal will be discussed at the Planning Committee meeting on Tuesday October 25 at 7:30 in the Township building which reflects most of the content of our proposal.
These changes will be a significant success if this is approved and incorporated into the Township’s regulations. As such, please attend the meeting to show your support.
In addition, I need to remind all members that we still owe the Lawyers about $600, please join me in contributing to pay this obligation.
Want more information on the proposed changes? Do so here!
Want to help us make this proposed changes permanent? Please show your support by attending the planning meeting on Tuesday, October 25, 2016 at 7:30pm at the Township Building.
Some background:
For the last several years, we've been asking North Whitehall Township to disallow zoning changes requested by the Developer of a proposed senior living community on the former Strawberry Acres property. The zoning allowances did not happen and we are now asking for permanent changes to the zoning laws. North Whitehall has taken the first steps to make the zoning requirements for such a development more stringent. I believe that under these changes the proposed Strawberry Acres development would need to be severely reduced if it could be built at all on the current track.
Township Councilman Steve Pany proposed at the October meeting that the Township revise the current ordinance which regulates Senior Developments. The Supervisors agreed that changes should be considered and directed Mr. Pany to develop a proposal to be reviewed by the Planning and Zoning committees prior to their final consideration. After the meeting I provided Mr. Pany with a copy of the proposed changes our group submitted to the Township earlier in the year. The resulting Township proposal will be discussed at the Planning Committee meeting on Tuesday October 25 at 7:30 in the Township building which reflects most of the content of our proposal.
These changes will be a significant success if this is approved and incorporated into the Township’s regulations. As such, please attend the meeting to show your support.
In addition, I need to remind all members that we still owe the Lawyers about $600, please join me in contributing to pay this obligation.
Want more information on the proposed changes? Do so here!
Active Adult Residential Facility Zoning Ordinance - Proposed and Suggested changes
All information as of 10/18/2016
This is what Friends of Laurel Wood suggested as changes to the Active Adult Residential Facility Zoning Ordinance
Changes to Section (k)
The maximum density shall be three units per net acre. Areas occupied by recreational uses, buildings, wooded areas, rights-of-way for future internal streets and sidewalks, buffer areas open space areas, and storm water retention/detention pond areas of the tract within the Zoning District (remove the word “not”) shall be deleted from the total lot area for the purpose of determining maximum density. Existing right-of-way for existing public streets, futures street rights-of-way abutting existing streets that are required for dedication, areas within the 100 year flood plain per official FEMA/FIA maps, areas with a natural slope great than 15 percent coving a contiguous area of one acre or greater, and areas with overhead electric or other overhead utility rights-of-way or easements shall also be subtracted from the gross area considered for the maximum density calculation. Slopes, measured covering a contiguous area of one acre or greater shall effect the maximum density as follows:
Slopes 0% up to and including 15% = 3 units per acre
Slopes over 15% up to and including 25% = 2 units
Slopes over 25% up to and including 35% = 1 unit
Slopes over 35% = 0 (zero) units
Changes/additions to Section (h)
Characteristics of Public Sewage Services
*No existing homes adjacent to the Active Adult Residential Facility shall be required to connect to the Public Sewer Services as long as the existing waste facility meets current requirements.
*The facility shall be constructed with a set back of a minimum of 200 feet from the lot line of the nearest property.
*The facility shall have landscaping that obstructs direct views of the facilities/equipment on all sides.
*Detailed physical sewage plans shall be submitted as part of the initial plans submitted to the Planning Commission.
*Discharge from the Sewage Treatment Facility to passive waterways may not be greater than 10% of the 3 year average minimum flow of that waterway prior to the construction of the facility.
*The odor resulting from any sewage treatment facility can not be deemed objectionable at any adjoining or nearby properties.
* As in keeping with the surrounding community, trash collection shall be on an individual unit basis. No dumpsters shall be allowed.
Here is what North Whitehall Township is considering as changes
Ordinance 2006-2 proposed text amendments
Section(k)
1. Storm Water retention/detention areas shall be subtracted from the gross site area considered for maximum density.
2. Slopes from 15% to 25% = 2 units per acre slopes exceeding 25% = 0 units.
Section (n)
1. The minimum separation distance between walls of buildings: (1) 20 feet between sides of buildings.
Section (h)
Sewage service from any on-lot or off-site community system is prohibited.
This is what Friends of Laurel Wood suggested as changes to the Active Adult Residential Facility Zoning Ordinance
Changes to Section (k)
The maximum density shall be three units per net acre. Areas occupied by recreational uses, buildings, wooded areas, rights-of-way for future internal streets and sidewalks, buffer areas open space areas, and storm water retention/detention pond areas of the tract within the Zoning District (remove the word “not”) shall be deleted from the total lot area for the purpose of determining maximum density. Existing right-of-way for existing public streets, futures street rights-of-way abutting existing streets that are required for dedication, areas within the 100 year flood plain per official FEMA/FIA maps, areas with a natural slope great than 15 percent coving a contiguous area of one acre or greater, and areas with overhead electric or other overhead utility rights-of-way or easements shall also be subtracted from the gross area considered for the maximum density calculation. Slopes, measured covering a contiguous area of one acre or greater shall effect the maximum density as follows:
Slopes 0% up to and including 15% = 3 units per acre
Slopes over 15% up to and including 25% = 2 units
Slopes over 25% up to and including 35% = 1 unit
Slopes over 35% = 0 (zero) units
Changes/additions to Section (h)
Characteristics of Public Sewage Services
*No existing homes adjacent to the Active Adult Residential Facility shall be required to connect to the Public Sewer Services as long as the existing waste facility meets current requirements.
*The facility shall be constructed with a set back of a minimum of 200 feet from the lot line of the nearest property.
*The facility shall have landscaping that obstructs direct views of the facilities/equipment on all sides.
*Detailed physical sewage plans shall be submitted as part of the initial plans submitted to the Planning Commission.
*Discharge from the Sewage Treatment Facility to passive waterways may not be greater than 10% of the 3 year average minimum flow of that waterway prior to the construction of the facility.
*The odor resulting from any sewage treatment facility can not be deemed objectionable at any adjoining or nearby properties.
* As in keeping with the surrounding community, trash collection shall be on an individual unit basis. No dumpsters shall be allowed.
Here is what North Whitehall Township is considering as changes
Ordinance 2006-2 proposed text amendments
Section(k)
1. Storm Water retention/detention areas shall be subtracted from the gross site area considered for maximum density.
2. Slopes from 15% to 25% = 2 units per acre slopes exceeding 25% = 0 units.
Section (n)
1. The minimum separation distance between walls of buildings: (1) 20 feet between sides of buildings.
Section (h)
Sewage service from any on-lot or off-site community system is prohibited.
Wednesday, August 31, 2016
Help Needed! Attend the Sept. 12 Township Meeting!
Your support is needed! Please plan on supporting Friends of Laurel Wood at the Township Board Supervisors meeting on Monday, September 12 at 7:30pm.
Why? Previously, Friends of Laurel Wood had suggested to the Townships Supervisors an ordinance change to be discussed once the deemed approval case is over. Now that the deemed approval case is over (and the Developer did not appeal) FoL plans on reminding the Supervisors about the ordinance change and call for action. The more FoL members we have there, the better.
Thanks! See you on September 12 at 7:30pm at the Township Building.
Why? Previously, Friends of Laurel Wood had suggested to the Townships Supervisors an ordinance change to be discussed once the deemed approval case is over. Now that the deemed approval case is over (and the Developer did not appeal) FoL plans on reminding the Supervisors about the ordinance change and call for action. The more FoL members we have there, the better.
Thanks! See you on September 12 at 7:30pm at the Township Building.
Monday, July 25, 2016
Good News on the Deemed Approval Case!
The “Deemed Approval” case has finally been officially settled and we won! On Friday July 22 the judge issued the final verdict in favor of the Township and the organization. Therefore at this time the developer does not have a proposal on file with the Township for consideration.
This is good news, but we need to understand that it is only a partial victory; there is still work to be done. The developer can appeal this decision to the State Supreme Court within 30 days, or at any time file a new proposal with the Township for consideration. From the limited contact that we have had with them, through the lawyers, it seems that they are working on a new plan. However, it also appears that they have learned from the court’s decision that they first need to file for a “Conditional Approval” to install the sewer system first. The Township has been firm in their requirement that this must be a full-fledged sewage treatment system that is owned and operated by a County Authority. The only authority that meets that requirement is the Lehigh County Authority who has indicated that they will assume ownership of a correctly design and constructed facility if the owner builds it and it is approved by the State. To my knowledge no system has been designed or proposed to the Township, State, or to the Authority.
So what do we do next?
• We continue to work with the Township to make the ordinance that allows for the Over 55 Community stricter so that if any are eventually constructed it will have the least impact on us. The township was open to our proposals last year, but would not consider the changes until the court case was over.
• We continue to work with the Township to encourage them to require the developer to comply fully with the current or any future changes to the ordinance. This will involve attending all Township Supervisors meetings and voicing our continuing objections, and, if necessary preparing and presenting formal objections with the aid of legal or other assistance.
• We continue to work with the Township to encourage them to require a sewer treatment system that fully meets the state, and if necessary federal waste water requirements without any allowances or exceptions to the standards. The more details and delays that can obtained the better. The longer this goes, and the more it costs the developer the less likely that it will be built. Again this will involve attending all Township Supervisors meetings and voicing our continuing objections, and if necessary preparing and presenting formal objections with the aid of legal or other assistance.
Planned Future Strategy
• Work directly with the Township Supervisors and not to involve the lawyer directly unless it again comes to the need of presenting formal testimony before the Supervisors or in court. This will minimize our legal costs, but not fully eliminate them.
•
How can you help?
• Donate! We recently received a legal bill for $691 with only $54 of it being new charges for following up with the court, and providing us with guidance. Therefore we are still in the need for contributions. Please email friends.laurelwood@gmail.com for information on how to make a contribution.
• Attend the next next North Whitehall Supervisor’s meeting is Monday August 1 at 7:30 in the Township Building.
This is good news, but we need to understand that it is only a partial victory; there is still work to be done. The developer can appeal this decision to the State Supreme Court within 30 days, or at any time file a new proposal with the Township for consideration. From the limited contact that we have had with them, through the lawyers, it seems that they are working on a new plan. However, it also appears that they have learned from the court’s decision that they first need to file for a “Conditional Approval” to install the sewer system first. The Township has been firm in their requirement that this must be a full-fledged sewage treatment system that is owned and operated by a County Authority. The only authority that meets that requirement is the Lehigh County Authority who has indicated that they will assume ownership of a correctly design and constructed facility if the owner builds it and it is approved by the State. To my knowledge no system has been designed or proposed to the Township, State, or to the Authority.
So what do we do next?
• We continue to work with the Township to make the ordinance that allows for the Over 55 Community stricter so that if any are eventually constructed it will have the least impact on us. The township was open to our proposals last year, but would not consider the changes until the court case was over.
• We continue to work with the Township to encourage them to require the developer to comply fully with the current or any future changes to the ordinance. This will involve attending all Township Supervisors meetings and voicing our continuing objections, and, if necessary preparing and presenting formal objections with the aid of legal or other assistance.
• We continue to work with the Township to encourage them to require a sewer treatment system that fully meets the state, and if necessary federal waste water requirements without any allowances or exceptions to the standards. The more details and delays that can obtained the better. The longer this goes, and the more it costs the developer the less likely that it will be built. Again this will involve attending all Township Supervisors meetings and voicing our continuing objections, and if necessary preparing and presenting formal objections with the aid of legal or other assistance.
Planned Future Strategy
• Work directly with the Township Supervisors and not to involve the lawyer directly unless it again comes to the need of presenting formal testimony before the Supervisors or in court. This will minimize our legal costs, but not fully eliminate them.
•
How can you help?
• Donate! We recently received a legal bill for $691 with only $54 of it being new charges for following up with the court, and providing us with guidance. Therefore we are still in the need for contributions. Please email friends.laurelwood@gmail.com for information on how to make a contribution.
• Attend the next next North Whitehall Supervisor’s meeting is Monday August 1 at 7:30 in the Township Building.
Tuesday, February 23, 2016
Good News! Judge's recent decision in our favor
Good News! The judge’s first ruling was in our favor!
After waiting since November the Judge finally issued his first decision and it was in our favor! This decision was on the Developer's motion to exclude North Whitehall Township from appealing the Developer’s claim of Deemed Approval. The best news, however, is contained in the footnote of the decision in which the Judge explained how he reached his decision. Firstly, the logic and wording used strongly indicates that given the set of facts and case law presented to date that we will most likely win the bigger issue of Deemed Approval. Secondly, the Judge validated the Township’s position that the Developer must FIRST obtain a separate Conditional Approval specifically for the Waste Treatment System prior to applying for the Conditional Approval to build the overall development.
In the finding, the Judge found that the Township acted properly and in accordance with the state municipal codes in determining that the Conditional Approval application was incomplete and returning it with the application fee. In fact, the Judge quoted a previous court ruling that the Townships' have an obligation to quickly determine the merits of applications and refuse applications that are “…so incomplete that ordinance compliance cannot be determined.” He then concluded that:
“Here, it appears the Developer’s application was never accepted or retained. It cannot be said NWT (North Whitehall Township) took any position on the substance of the application, either affirmatively or by operation of law, except to reject it as an incomplete application. Accordingly, NWT is not precluded from challenging what the Developer contends is “deemed approval.”
From how I read this statement, unless the Developer can find a way to challenge the Township's rejection of the original application then the same argument can be used by the Township and our group to fight the overall question of deemed approval at the court hearing when scheduled.
So what do we need next? Our lawyers are developing a strategy to present our case at the deemed approval hearing with the considerations of accurately presenting our case, but keeping costs to a minimum. I have discussed one approach with them, but want to keep our strategy out of print. The key here is that we still need money to pay for the work completed to date, and the work yet to be completed. At this time, we still owe the lawyers $2215.07 and will require additional funds for the work yet to be done. We desperately need funds promised to us to drive this to a conclusion. Some of us promised a specific amount to fund this legal fight. We counted on those pledges before obtaining additional legal help. I can understand that times may be tight but this is so important for the neighborhood that we are asking you to contribute whatever you can. So PLEASE, PLEASE this is the time to provide a contribution to drive this success!
I am also working with the Board and the legal team on what is the following step. According to the Township’s letter of rejection for the developer’s last submital they will need to obtain Township Conditional Approval of the sewer system. The Township has firmly stated that it must be a full treatment system operated by a Municipal Authority. This will be a heavy threshold for the developer to overcome and will either kill the development or will at least make them overcome our biggest objection.
After waiting since November the Judge finally issued his first decision and it was in our favor! This decision was on the Developer's motion to exclude North Whitehall Township from appealing the Developer’s claim of Deemed Approval. The best news, however, is contained in the footnote of the decision in which the Judge explained how he reached his decision. Firstly, the logic and wording used strongly indicates that given the set of facts and case law presented to date that we will most likely win the bigger issue of Deemed Approval. Secondly, the Judge validated the Township’s position that the Developer must FIRST obtain a separate Conditional Approval specifically for the Waste Treatment System prior to applying for the Conditional Approval to build the overall development.
In the finding, the Judge found that the Township acted properly and in accordance with the state municipal codes in determining that the Conditional Approval application was incomplete and returning it with the application fee. In fact, the Judge quoted a previous court ruling that the Townships' have an obligation to quickly determine the merits of applications and refuse applications that are “…so incomplete that ordinance compliance cannot be determined.” He then concluded that:
“Here, it appears the Developer’s application was never accepted or retained. It cannot be said NWT (North Whitehall Township) took any position on the substance of the application, either affirmatively or by operation of law, except to reject it as an incomplete application. Accordingly, NWT is not precluded from challenging what the Developer contends is “deemed approval.”
From how I read this statement, unless the Developer can find a way to challenge the Township's rejection of the original application then the same argument can be used by the Township and our group to fight the overall question of deemed approval at the court hearing when scheduled.
So what do we need next? Our lawyers are developing a strategy to present our case at the deemed approval hearing with the considerations of accurately presenting our case, but keeping costs to a minimum. I have discussed one approach with them, but want to keep our strategy out of print. The key here is that we still need money to pay for the work completed to date, and the work yet to be completed. At this time, we still owe the lawyers $2215.07 and will require additional funds for the work yet to be done. We desperately need funds promised to us to drive this to a conclusion. Some of us promised a specific amount to fund this legal fight. We counted on those pledges before obtaining additional legal help. I can understand that times may be tight but this is so important for the neighborhood that we are asking you to contribute whatever you can. So PLEASE, PLEASE this is the time to provide a contribution to drive this success!
I am also working with the Board and the legal team on what is the following step. According to the Township’s letter of rejection for the developer’s last submital they will need to obtain Township Conditional Approval of the sewer system. The Township has firmly stated that it must be a full treatment system operated by a Municipal Authority. This will be a heavy threshold for the developer to overcome and will either kill the development or will at least make them overcome our biggest objection.
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