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.
