Upper Saucon could lift building ban

By Chris Reber

Of The Morning Call

June 22, 2008

Since 1996, the Upper Saucon Township supervisors have enforced a moratorium on development in the area west of Coopersburg, claiming the borough has overloaded the township’s sewer lines.

That could end Tuesday, when the supervisors — spurred by an order from the state Department of Environmental Protection — are expected to pass an ordinance essentially lifting the moratorium, a move that would pave the way for hundreds of new homes.

”They’re waking up to the fact that they can’t use public sewer to prevent development,” said John Fenningham, a lawyer for McGrath Homes, which is in litigation with the township.

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But the measure may not address McGrath’s proposed 125-home Locust Valley development, the subject of an ongoing legal battle between the township and the builder over several issues.

Still, under the proposed ordinance, previously denied developments could bring more than 300 homes to the township. T.H. Properties’ Brinley Court Townhomes, currently before the township planning commission, would make up the majority of that total.

Development was also halted in the township’s southern half for a short time last year.

Tuesday’s vote comes after a December DEP order that said the township could not use the overloaded sewage system to prevent development. While the township is appealing that decision, it is following DEP’s recommendation with its ordinance to use on-site holding tanks when the system is overloaded.

”It’s an attempt at what we would call a stopgap measure,” township solicitor Jeffery Dimmich said, ”to address the Coopersburg sewage problem’s impact on the township.”

Coopersburg officials could not be reached for comment.

Fenningham said he doubts the new ordinance will have any effect on the Locust Valley situation.

McGrath and Locust Valley have filed lawsuits against township Manager Thomas Beil and three of the township’s five supervisors, Miro Gutzmirtl, Stephen C. Wagner and Joseph M. Horvath. They allege their civil rights were violated when the township failed to give the plan for single-family homes an adequate hearing.

”We’re seeking money damages for the four years of running around,” Fenningham said.

While the ordinance may be a victory for developers, it comes as a blow to conservationists crafting an open space plan for the township.

Residents in Upper Saucon will vote in November on a 0.25 percent increase in the earned income tax to create an open space preservation fund. A final version of the open space plan is expected later this year.

The plan will map out potential conservation easements, areas that would be suited for development, and a system of walking trails.

”I don’t think the township wants to stop development,” said Thomas Gettings, head of the Upper Saucon Environmental Action Committee. ”I think they just want to do it in a planned way that makes sense.”

chris.reber@mcall.com

610-820-6586

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