Board to hold hearing on proposed septic reserve ordinance

West Amwell health panel to meet Sept. 27.

By: Linda Seida
   WEST AMWELL — The Board of Health will hold a public hearing to discuss a contentious proposed septic reserve ordinance at its next meeting Sept. 27.
   The board could vote to adopt the ordinance that evening.
   The ordinance was introduced July 18, when it became the source of tension between a local landowner and the township.
   An attorney for the Fulper family threatened to challenge the proposed ordinance in court if it becomes law. Ten days later, the attorney filed a request under the Freedom of Information Act for "all documents, communications, memoranda, minutes, notes and information relating to the adoption or introduction" of the proposed septic reserve ordinance.
   The FOIA request also asked for all documents, communications, memoranda, minutes, notes and information relating to scientific, engineering and/or planning analyses in regard to the proposed ordinance.
   The request also asked for similar documentation concerning reports or drafts of reports created by Princeton Hydro, an engineering firm consulted by the township. It also asked for the reports or the drafts of reports created by the firm in or about February andMarch 2006.
   In addition, the FOIA request asks for copies from seven other categories of documentation. The township had seven days to comply, which it did.
   West Amwell’s Reserve Septic Committee recommended the adoption of the new law because more septic systems are failing, even after repairs.
   The Fulper family’s attorney told the township’s Board of Health in July the septic reserve ordinance would show a "lack of faith and fair dealing."
   The Fulpers’ have an agreement with the township for a General Development Plan. The plan includes a three-year building moratorium on hundreds of acres sitting along Lambertville-Rocktown Road, but the Fulpers would be able to develop 67 lots under the zoning that was in effect when the agreement was signed.
   The township says the development would be subject to new environmental laws, including the septic reserve ordinance if it is passed.
   The septic reserve ordinance would apply to all new subdivisions and new dwelling units. Development plans already deemed complete by the township’s Planning Board would be exempt. The ordinance was introduced by a narrow margin of 3-2.
   Comitteeman Gary Bleacher, who voted against it, said that night the proposed ordinance would place a "very difficult burden" on property owners.
   As proposed, the original and reserve septic areas must be 30 feet apart. Also, the reserve area must be equal in size to the original area.
   The reserve area would be used if the original system fails.
   According to Catherine Urbanski, chairwoman of the township’s Reserve Septic Committee, county health officials are seeing system failures "over and over again."
   The neighboring townships of East Amwell, Delaware and Hopewell already have similar laws on the books. West Amwell’s geological conditions are more problematic than those three municipalities, which makes the passage of the ordinance "absolutely vital," Ms. Urbanski said.
   Tentatively scheduled to attend the Sept. 27 meeting are hydrogeology experts, the chairperson of East Amwell’s Board of Health and a representative of the Hunterdon County Department of Health.