The Fulper farm family is claiming the new law reduces the value of the hundreds of acres it owns along Lambertville-Rocktown Road.
By: Linda Seida
WEST AMWELL The chairman of the township’s Zoning Board of Adjustment and his family have filed a lawsuit in New Jersey Superior Court against West Amwell Township, the Township Committee, the township’s Board of Health and the General Development Plan Committee over a new reserve septic ordinance.
They are asking the court to declare the ordinance invalid because it is "arbitrary, capricious, unreasonable and in bad faith," according to the lawsuit, which was filed in Hunterdon County in November.
They claim the ordinance reduces the value of hundreds of acres of their land along Lambertville-Rocktown Road so the township may purchase development rights for a lower price. They also allege the township has breached the terms of a general development agreement the family entered into with West Amwell in 2003.
The lawsuit was filed by board Chairman Robert J. Fulper II and his father, Robert J. Fulper, and family members Sarah E. Fulper and Frederick R. Fulper as well as Fulper Family LLC and Fulper Preservation LLC.
The reserve septic ordinance, passed by the Board of Health in September, requires new subdivisions and new dwelling units to have a second area of land set aside for the sole purpose of an onsite sewage system in case the original site fails. The reserve area must be equivalent in size to the original area. The two areas must be at least 30 feet apart.
The ordinance went before the Board of Health, rather than the Township Committee, because septic systems and the possibility of their failure are considered health issues.
The three members of the Township Committee also sit on the five-member Board of Health and the seven-member GDP Committee.
The Fulpers’ attorney, Patrick McAuley, of the firm, Connell Foley in Roseland, N.J., had appealed to officials to grandfather or exempt the family’s land, but the board refused.
"We tried to avoid filing a complaint," Mr. McAuley said Monday. "We provided what would have been an easy fix."
In the general development plan, the Fulpers agreed to preserve some of the land in exchange for the ability to cluster 67 units on a parcel with minimum lot sizes of 1.13 acres.
The Fulpers also agreed to a building moratorium on 130.4 acres they own along Lambertville-Rocktown Road provided a receiving zone for the transfer of development rights was created within three years.
When the reserve septic ordinance was initially under discussion, the township contended the 67 units would be subject to new environmental laws, including the reserve septic ordinance. But Mr. McAuley said the ordinance was intended to adversely affect the GDP agreement.
Committeeman Ron Shapella said Friday he could not comment on ongoing litigation.
Deputy Mayor Gary Bleacher said Monday he could not comment. Township attorney Philip Faherty and GDP Committee attorney William Shurts did not return phone calls seeking comment.
The younger Mr. Fulper said he does not see a conflict of interest I his serving on the Zoning Board of Adjustment while he and his family have entered into a development dispute with the township.
"It never really crossed my mind,: he said."
Later, he said he could not comment on the lawsuit itself on his attorney’s advice.
"I don’t think one leaves their rights at the door when they’re appointed to a committee," Mr. McAuley said. "I don’t see a conflict of interest."
The New Jersey Department of Community Affairs, Division of Local Government, cannot comment on the question of a conflict of interest because of the ongoing litigation, spokesman Chris Donnelly said.

