Homes plan moves forward

Board gives initial OK. Builder agrees to test land for sinkholes.

Thursday, August 23, 2007

BY SARA K. SATULLO

The Express-Times

HARMONY TWP. | The township's planning board granted preliminary approval to a proposed 315-home housing development, an action required by a recent state Superior Court ruling.

But the board felt it won a small victory last week when the applicant, Dowel Associates, agreed to extensive testing on land the board fears is prone to sinkholes.

"In our view, we accomplished something important other than just complying with the court's order," said Lyn Paul Aaroe, the board's attorney.

The board rejected the Riverwalk housing development in December 2004 over concerns about possible sinkhole formation from the proposed waste and water treatment plans.

In April 2005, developer Centex Homes and Dowel Associates sued the township. Centex later dropped out of the suit. The May 21 court ruling forced the board to hear a revised plan for storm water management. The board is appealing and a legal victory would nullify preliminary approval, Aaroe said.

Aaroe said Dowel wants to handle the storm water in detention basins and infiltration trenches filled with rocks of various sizes. The rocks are meant to slow down the seepage of water into the soil.

The board's engineer and geologist were primarily concerned by the plan because of the land's bedrock, which they believe is sinkhole prone, Aaroe said. Dowel agreed to a board requirement that once excavation begins, ground-penetrating radar will be used to identify suspicious areas.

If suspect areas are found, Dowel must make test bore holes to see what type of rock is below the proposed basins, Aaroe said.

The court ruling stated that if Dowel's plan corrected the technical problems, then the planning board must grant approval.

Dowel is also arguing it does not need a special wastewater treatment permit from the state Department of Environmental Protection, Aaroe said. The board wants Dowel to provide written proof supporting that contention.

Dowel's suit alleged that the board's rejection of the proposal violates a 1990 settlement that made the town rezone the 185-acre site for the 315 units, 36 of which would fulfill state low and moderate income housing requirements. The 1990 settlement resulted out of Dowel's 1988 lawsuit filed under the provisions of the state Supreme Court's Mount Laurel decision on affordable housing.

Mount Laurel requires townships to provide affordable housing and the Riverwalk development would have exceeded the township's obligations. The township has begun fulfilling the requirements on its own