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Land Reporter

The Dirt on Land Matters

May 14 2007
How did Plumstead expand public sewer into an Agricultural Protected Area without anyone finding out??
A copy of this updated Sewage Facilities Plan can be found in the Plumstead Township Building and the Bucks County Planning Commission. It was issued by the Department of Environmental Protection on September 15, 2006.

The 537 Sewage Facilities Plan is an Official Legal Document which delineates where Public Sewer can and can not go. Limiting the boundary of public sewer is one of the few ways municipalities have in controlling development and protecting rural areas. Dense development is associated with Public Sewer because public sewer makes dense development possible and profitable to build. Residents of Townships have IMPORTANT LEGAL RIGHTS in determining this boundary of public sewer, and the nature of how sewer is handled.

The Act 537 Plan is also related to water use, including ground water used for drinking, because of the water budget which is effected by discharging water from a site through public sewer lines or through stream discharged sewage treatment plants and therefore is also a health and safely issue.

The recent debates regarding extending public sewer have not considered that within the last six months a revised plan extended the BCW&S area into agricultural protected areas of the township and also extended the option of stream discharge package plant systems into the balance of the township, the RO (rural residential) and RP Resource Protected. This plan allows forms of dense development to be built in rural areas of the township.

This plan was approved when Plumstead had three Supervisors, Betsy Helsel, Frank Frio, and Dan Crook. Helsel participated in planning and approving the plan and implementing it in a manner which the public had little if no way of finding out about it.

The 2006 plan allows treated sewer discharge into the Tohickon Creek, the Paunacussing Creek and the North Branch of the Neshaminy.

Revising an Act 537 plan has legal requirements including public hearings and reviews by the township planning commission. It is beneficial to be reviewed by the Environmental Advisory Commission and neighboring municipalities. Plumstead has seven townships which share its boundary. Newspaper articles and the township newsletter also help residents understand the significance of the plan and help allow them to participate in making a decision on the direction the township will make.

The plan was not reviewed by the EAC or neighboring townships. There were no articles in the paper, or newsletter that can be located.

The area of BCW&S was extended to allow service for the following planned developments.
Nanny Tract, Silo Hill Road; Teaberry Estates, Plumsteadville; Owl's Nest development, Silo Hill Road; a 51 unit development in Gardenville. It also extended public sewer to a tract of land south of Plumsteadville which was proposed for a mall in 2004 which received opposition from residents. Other large tracts of land and smaller commercial lots are contained within the extended area.

The Sewage Facilities Plan or Act 537 plan went through the legally required Planning Commission review and Public Hearing before the Supervisors, Betsy Helsel, Frank Frio, and Dan Crooke approved it. Careful planning of passing the plan through the legal steps in the bare minimun of review and public input indicate legal guidance by township Solicitors.    However, it appears members of the Planning Commission and members of the public did not have the opportunity to know about, understand, or review the plan.

Please see time line of period after plan was written:
June 25 2002 the plan was submitted to the Plumstead Township Planning Commission by Bob Wynn the Township's Engineer by forwarding a copy of the plan to the home address of David Mortimer, Chairman of the Planning Commission. A copy of this Correspondence showing this is in the plan.

August 15, 2002   "A reference to the Sewage Facilities Plan" is shown in the minutes of the August 15, Plumstead Township Planning Commission Meeting. According to the Township this "verifies that the Planning Commission had received the plan and had ample opportunity to make comment". NO COMMENTS OR RECOMMENDATIONS WERE RECEIVED FROM THE TOWNSHIP PLANNING COMMISSION.

November 26, 2002   the public hearing and adoption by the Board of Supervisors for the plan took place. The date of this hearing was the day before Thanksgiving during a time of heavy snow storms. THERE WAS NO PUBLIC COMMENT.

The approval of the plan required a WATER RESOURCE PLAN proposed by Castle Valley Consultants, Inc. This included preparing a 'water budget' , to determine the availability and safe yield of groundwater resources.

            -- Castle Valley Consultants were fired by Plumstead Supervisors.
            --John Adams, Plumstead's Aqui-hydrologist, who objected to this and other water related policies was fired.
            - --The Township's Water Department Director was replaced
            --  The Plumstead Water Commission was dissolved by Plumstead Supervisors

May 25, 2006 Plumstead Supervisors approved a motion to amend the plan of study to DELETE THE WATER STUDY COMPONENT.

April 1, 2004 Bucks County Herald reports that Plumstead has developed a plan for a 463 unit Carriage Hill Development to be serviced by a municipal run sewage treatment plant. The Township said that this plan had been developed for over two years in Pre-submission meetings not open to the public and without impact studies.

May 2005 Plumstead Township is sued by BCW&S for violating a written agreement between Plumstead and BCW&S. This written agreement is on Plumstead Township's Web site. It says that Plumstead had agreed to give future sewer businesses to the BCW&S in exchange for the BCW&S fixing faulty sewer systems in the 1970s.

July 7, 2005 the Bucks County Herald reports that Plumstead gives Preliminary approval for the 525 unit Carriage Hill Development and a municipal run stream discharge treatment plant.

June 29 2006 the Bucks County Herald reports that Plumstead gives Conditional Final Approval to a 663 unit Carriage Hill Development with a municipal run stream discharge treatment plant.

2002-2006 Timberly Farms Development with a stream discharged municipal owned and operated sewer treatment plant is built and all the houses sold.  This was another Pre-submission planned development. The related lawsuit, the nature of the sewage facility and the true cost of the septic bill were not disclosed to the home buyers by the developer or the township.
Court Transcript available on Plumstead Website.
Plumstead is sued to connect Carriage Hill Dev to Public Sewer, and McGinnus tract development to Bucks County Water & Sewer. Plumstead is sued

September 15, 2006 Act 537 Plan Sewage Facilities Plan Update is issued by DEP. The plan included a letter explaining in Capital letters that IMPORTANT LEGAL RIGHTS ARE AT STAKE.

May 2007 Plumstead begins to debate extending public sewer and settling
Plumstead is being sued by the BCW&S
In the 70's Plumstead built municipal run sewers for new developments that apparently failed. Plumstead signed an agreement with the BCW&S to hand over these sewer businesses to BCW&S in exchange for fixing the faulty systems. According to the Court Transcripts and Agreement, posted on Plumstead's Web site, Plumstead also agree to give future sewer business to the BCWS.

The agreement was active in the recent past as subsequent developments hooked into the sewer lines (Summer Hill and Summer Meadow). Present Supervisors and our township Attorney, who is handling the case, were aware of the agreement, yet in 2001
re zoned for higher density throughout the township. This resulted in dozens of development proposals which were planned by Plumstead to be serviced by BCW&S and also to be serviced by stream discharge plants owned and operated by the township.

These stream discharge municipal run sewer are permit  in the RO, allowing forms of dense development in the rural areas.

In 2002 Plumstead submitted a revised sewer plan (the legally binding Act 537)to expand public sewer areas. The plan took five years, until September of 2006 to be approved by DEP, because it contained policies which were environmentally controversial. Plumstead was transporting water from one water shed to another, upsetting water budgets.

There was a "turn over' of Plumstead Water Consultants and Aqua hydrologist in 2002 for consultants and an Aqua hydrologist who did not consider water budgets. The township Water Commission was also dissolved.

In all the current public meetings regarding the public sewer issue, it has not been noted by any of the Supervisors, that Plumstead has already expanded the area for public sewer. In May of 2005 the lawsuit from BCWS was filed. Plumstead continue to plan and approve Carriage Hill Development in pre submission meeting not open to the public and allow Timberly Farms to be built and sold.

People buying these houses were not informed of either the lawsuit, or the true cost of their sewer bill. The developer was allowed to sell the houses, collect escrow money and leave, even through Plumstead Supervisors knew that the township was being sued not only for the sewer business but also for the costs of retrofitting the sewer lines. This costly expense is normally paid for by the developer.

Plumstead Supervisors kept the nature of the suit from the public until the developments that are outside even the expanded public sewer designation were given final conditional approval, and Timberly Farms was full of paying customers, things that BCW&S are motivated to sue for.

Timberly Farms Development, Plumstead Township

Residents in Timberly Farms Development in Plumstead Township are paying three times more for their sewer bill than they thought it would be when they bought their houses. Knowledge of the increase occurred after the developer dedicated the sewer system to the township to manage.

Timberly Farms is the first in a series of developments in Plumstead which were planned in 'Pre submission' meetings.

Pennsylvania Sunshine Law requires all deliberations leading up to any decision regarding the township to be held in Public Meetings.

However, Pre submission meetings are a 'fast tract' system for development planning and are not open to the public. They do not use impact studies.

The Department of Environmental Protection did not want Timberly Farms to have this type of sewage treatment facility which discharges treated sewer into the Giddes Run, a tributary in the Tohickon Creek Watershed. Plumstead Supervisors 'fought DEP for this system' because they thought it would keep ground water in the area.

However, stream discharge treated sewage takes most of the water away, as it is carried down stream.

The developer appeared to be aware of the discrepancy in the price of the sewer bill as he was paying the balance of the bill after collecting a smaller amount from the new home owners.

Developers are required to disclose this type of information before people buy properties. The developer says he operated at a loss during this time, but it is not clear where the money came from to pay the difference in cost. If it came from the escrow account, the Township was also aware that information regarding the price of the sewer bill was not being communicated to potential home buyers.

Escrow fees are funds used as a deposit to guarantee that things are built correctly and are generally used on items which the developer and township agree on in advance. When a project has been completed in the correct way, the remaining funds are distributed to the appropriate parties.

It has been suggested by one of the Supervisors that the bills can be lowered by omitting the depreciation charge. The depreciation charge is the money set aside to fix and replace parts if the system needs repairs or fails. Not repairing a sewage treatment system which discharges treated waste into a stream might depreciate homes in the development, and lower their resale value. It is a health and safety concern for residents with well water,who live downstream and people who use the water way for recreation.

Other pre-submission projects include the 665 unit Carriage Hill Development. Over two years of Pre-submission meetings not open to the public resulted in the approval of almost twice the amount of units allowed by zoning. These units will be served by a sewage treatment facility which discharges into the North Branch of theNeshaminy Creek.

It is not clear that potential home buyers of Carriage Hill Development will be informed in advance of corrert costs of their sewage bill.

Appeal of a Plumstead Township Zoning Hearing Board Decision
The Plumstead Township Zoning Hearing Board gave variances and a special exception to Heritage Building Group, as part of a plan, in progress for years, between Plumstead Officials and developers to develop, the Silo Hill Road area on both sides on Route 611. The infrastructure receiving approval and being pushed through by Plumstead Township has the potential to develop, at a high density, sections of the township which presently can not be developed further because they are hobbled by a shortage of on site water.

Although, the PA Municipal Planning Code allows municipalities to protect themselves from proposed developments that can not be sustained by existing natural resources, like water, Plumstead is accommodating developers by hiring a Hydrologist, Bruno Mercuri to “find water for the developer”, providing variances and keeping the facts regarding the source of the water from the public. A group of Plumstead Residents, MORE than Concerned Citizens, Appealed the Decision to the Bucks County Court of Common Pleas on March 3rd 2006.

The variances authorized a water pumping station in the riparian buffer of the North Branch of the Neshaminy Creek. It was not explained in the Hearings that the water system proposed to service the developments, will be intercepting water designated for communities in Central Bucks and Montgomery Counties. This is because the North Branch of the Neshaminy Creek is a conductor of water which originates from the Delaware River and goes downstream to a public water system in Chalfont, the Forest Park Treatment Plant.

Plumstead Supervisors did not attend the Hearings or Deliberations, did not oppose the Decision and did not publicize the project or the Hearings in news articles or the township new letter, although the project represents one of the highest in density developments in Plumstead to date, a tract of nine apartment buildings on eight acres. It is also the development of an agricultural protected area. Furthermore, Plumstead Supervisors waved the required traffic impact study for the nine apartment building complex, in lieu of a fee of around $4500.

The Hearings were held in September and November of 2005. The written decision was on February 2, 2005 The developments using the well are the Nanni Tract of 20 houses, the Doyle Tract of nine lots and the Urich Tract of 78 units. The pumping station includes water storage tanks and piping across Rt. 611. This infrastructure will bring development to both sides of 611. Development is presently limited in this area because of limited availability of on site water.

Although Plumstead has assured that the well will be capped after these developments have been hooked up. MORE, believes that is not true. That is because three days after the variances were given and before the Appeal was filed, Heritage Builders bought an adjacent 23 acre property surrounding Owl’s Nest Park. This parcel could not be developed by its previous owner, Worthington Buildings, because of a shortage of on-site water.

Another School is needed in Plumstead due to incoming development. Although the school board owns property on Stump Road another site will be found to build the school.

The public has been told that the site on Stump Road has zoning which does not allow a school, but the site has always had the same RO zoning. The zoning that was changed is the zoning on the land which is bring the increase in development which has initiated the need for a new school.
Highland Hill Farm was rezoned from A R1 which was the township's only Agricultural Protection Zoning, to R5 which allows over 350 units. Plumstead Township has given approval for 665 units, almost twice the amount of units allowed by zoning.

The site on Stump Road was the original site of Groveland Elementary. The township and School Board arranged to have the location of the school moved to Route 611 on a site next to the North Branch of the Neshaminy Creek.

Although Rt. 611 is a commuter road with historically increasing traffic, Plumstead Supervisors moved the driveway to Groveland Elementary contrary to the traffic safety studies done by the school. Originally the school drive was to be aligned with the entrance of the Mobile Home Park. Township ordinances require that adjacent drives of heavy traffic be aligned for safer and easier egress. Not aligning them creates more points of traffic entry on to 611, increasing the odds of accidents.

The school would not pay for the costs of the entrance or the light which they were required to do, as they did not want the liability associated with not following the safety traffic study.  Plumstead Township Taxpayers paid for the roadwork and traffic light.

Plumstead Supervisors have waved traffic studies required by township ordinances and recommended by the Plumstead Planning Commission for a tract of nine apartment buildings which will discharge traffic on to 611 near Groveland Elementary.

The Township also moved the location of Tohickon Middle School, which was estimated to cost six million as plans for the first stie were near completion. Residents in  Danboro where the school was moved, where not informed that the school was being moved there. Township ordinances require that residents near locaitons of large proposals be informed in writing.

The driveway to this school was also moved contrary to traffic studies. Lack of traffic studies for the changed drive caused the township to have to buy a strip of land for $400,000 and pay to build a road because school buses were unable to make the bend around the road that the drive was moved to. Plumstead spent all its allotted open space funds from the county to arrange the land swap. The swap was presented to the public as appealing because the township could use the ball fields at the school, build a ball park at the land where the school was moved and acquire a house next to the school as a community building.

The moved driveway of the school and the location of retention basins made the egress into the community building house to narrow to be safe, and the building is now for sale. Additional ball fields are planned as the ball fields on the property which was swapped for the school were blocked from being built.