Stiff opposition is brewing in Washington Township to a proposed development on a piece of land along Schwenkfelder Road with vistas of the Hereford Hills.  It pits the rights of landowners to develop their property for the highest and best use versus the objections of neighboring property owners. 

            On Thursday night, Upper Hanover Township resident and former Upper Hanover Township Planning Commission member Greg Foster appeared before the Washington Township Board of Supervisors to raise a series of objections to a concept design for a development Rich Mingey presented two months ago at a Board of Supervisors meeting.

            The proposal was very preliminary and intended simply as an idea of what Mingey would like to do with his property.  Mingey proposes 236 age targeted housing units on 78 acres and approximately 17 estate lots on 106 acres on land located along Kutztown and Schwenkfelder Roads. 

            Additionally, he intends to subdivide a 52-acre portion of the property with a renovated mansion that will be placed in a conservation easement.  The total property is approximately 184 acres. 

            Foster contends the land is within a "no fly zone" of the Butter Valley Golf/Airport and the Federal Aviation Administration (FAA) will not permit housing within that area.  He claims Schwenkfelder Road has site distance problems at the intersection with Kutztown Road. 

            He reminded the Board of Supervisors that Bally Borough, from whom the development would receive water and sewer, is under a moratorium for sewer connections from the Department of Environmental Protection (DEP).  DEP declared a moratorium on Bally's sewer connections because of high infiltration and inflow (I and I) of storm water into its storm sewers. 

            Foster questioned whether a chemical plume from a factory near Bally, which had been a superfund site, had leached into the water in the area

            He noted radon is a potential risk if the proposed homes do not have basements and noted the existence of electrical power lines near the property.  Additionally, Foster stated the conceptual plan had no area designated for open space.  

            Washington Township Planning Commission member, Dan Stauffer, who was in attendance at the Board of Supervisors meeting, demanded to know how Greg Foster had a copy of the proposed development's concept plan and the Planning Commission had received nothing. 

            Stauffer said, "This Township has formal rules of submission.  Don't we follow our own rules anymore?" 

            Township Chairman Dave Moyer explained Rich Mingey presented the drawing simply for the Board of Supervisors to consider.  Moyer noted the concept plan had not gone far enough to reach the Planning Commission.  Moyer said, "Nothing has been discussed."  Stauffer noted studies by Penn State and Delaware Valley College suggest development can cost a municipality more than it earns from the development because services such as fire, police, ambulance, and new schools must be provided. 

            He suggested the township purchase land that could potentially be developed so that the quality of life of the entire township could be maintained.  However, land in the path of development has great value and taxpayers must foot the bill for its costs as well as its maintenance.  Once a municipality owns land the property is no longer on the tax rolls.  So, the taxpayer must cover the difference the property formerly paid in taxes. 

            Typically, a municipality earns 2 percent transfer taxes each time a house in a development is sold in addition to earned income tax.  If fees in lieu of open space are extracted from the developer a considerable amount of revenue can be generated for a township. 

            In the meantime, Greg Foster basically threatened the Board of Supervisors by saying he intended to contact every neighbor in the area to oppose the development. 

            In another matter related to a different parcel of land Mingey owns, located at 1606 Main Street, the owner requested Washington Township research its agreement with Bally Borough to provide sewer and water service to the township.  Bally has capacity in its sewer system, but it is under a moratorium for sewer connections at the present time.  Mingey maintained that, if the supervisors can pursue an agreement with Bally, the township has the potential for a great deal of revenue.

            Clover Hill Development, located along County Line and Niantic Roads, received conditional plan approval from the township Planning Commission.  Clover Hill Development is a 17 lot subdivision of single family homes.  The Board of Supervisors agreed to issue a road occupancy permit to the developer so that an eight-inch sewer line could be constructed.

            On Thursday, June 6 at 6 p.m., Washington Township Board of Supervisors and Planning Commission will hold a joint meeting to discuss the proposed Edison Walk development located along Route 100.  The developer, Prestige Builders, proposes 320 housing units on approximately 143 acres.