Board Members in Attendance

John Pardue, Ron Koldjeski, and Gary Martenson

Board Guests in Attendance

Joseph Sileo, Solicitor; Scot Haan, CEO; Francine Miller, Secretary/Treasurer

Meeting call to order

7:10 P.M. – Ordinance Hearings Called to Order with Pledge of Allegiance.

NOTE: The purpose of this hearing is for Ordinance 2009-1, pertains to a second perc site on lot as a replacement sit if the first site should fail. Ordinance 2009-2 would require testing prior to and as a condition of any subdivision or land development in Newton Township. Sileo stated that the ordinances were duly advertised that they were available for public review here at the Township and at the newspaper in which the advertisement was placed. We are holding this hearing again to take any additional comments. After this hearing a regularly scheduled meeting will take place where the Supervisors may consider and may vote whether to accept these ordinances.

Public Input

Frank Colombo’s attorney, Tim Kelly presented Conrad Bosley for their expert. - Mr. Bosley stated that he is a certified residential appraiser since 1992. He believes that the passing of these ordinances would adversely affect the salability of lots. Most home mortgages are HUD and FHA, which requires the well to be 25 feet from home and the drain 75 feet from home that does not allow much room for a second site. He stated that 1/3 of homes sold are through the HUD and FHA which means that we would eliminate 1/3 of buyers from purchasing a lot in Newton Township. He also stated that this could stop someone from having a pool or detached garage. When asked about combining lots for the sale to someone would the developer lose money compared to selling each lot separately – he said yes and the value would decrease compared to the sale of a one-acre lot. Sileo asked if he was aware of any other Townships with ordinances requiring two perc sites – answer no. Bosley stated that if a system fails, the existing drain field could be dug up and replaced. Koldjeski if Bosley had done any appraisals in Benton Township – answer yes. Koldjeski stated that Benton Township has had this ordinance for six years.

Karen Lilik – Forest Acres Drive – Member of the Township’s Planning Commission. She stated that she had a problem with her septic 15 years ago and had to put in massive drains in the back yard along with another tank. If she had an on-lot system that failed she would have had to get an easement for the back property. According to the SEO, Walter Redel, the old system she had could not be dug up. She stated it would have made the lot valueless if the system failed and could not be dug up. Therefore, it is in the best interest to have two sites.

Frank Colombo – He stated that he will be putting in sand mounds in his proposed development and if it fails it could be dug up and replaced. He has never heard of a sand mound failing only heard the pump failed. Pardue stated to Colombo that it will be the responsibility of the person that owns the lot to replace the system if it fails – Colombo agreed. Colombo asked Osbert Patton, SEO for Newton Township, how many sand mounds have failed within Newton Township. Patton stated that he guesses about 10 that he know of and they failed for the same reason as an in ground system failed. Patton also stated that sometimes the sand mound system cannot be replaced in the same area.

Frances Walters – Davinci Lane – asked if this ordinance pertained to lots already in existence – answer no. Pardue explained that we have asked for it for about 7-8 years but it was never an ordinance and does not affect current lots.

Dave Kveragas – Timber Lane – He stated that the Township has been discussing this for many years and supports the passage of these ordinances.

Scot Haan – Timber Lane – Member of the Planning Commission and Zoning Officer for Newton Township. Haan stated that he attended a seminar for DEP back in 1998 where they stated that septic systems will fail and they suggested two sites. He supports the ordinances.

Ned Slocum – Newton Township’s engineer – He stated that based on the estimated flow from the house and soil content on a three bedroom house is 300 gallons per day would require 600 sq. ft. for a system. He also stated that DEP has the right to mandate the Township to require the municipality meet the needs of a municipality and do they fail – answer yes.

Being no further public input and discussion, Martenson motioned to adjourn the hearing to our General Meeting after a brief executive session, 2nd by Koldjeski. Motion voted, all in favor.

Meeting was adjourned at 7:50 PM

Respectfully submitted by Francine Miller