Plans stalled for Lower Nazareth Township development

FROM THE EXPRESS TIMES

A developer wants permission not to build sidewalks in a housing development, blaming strict federal water regulations.

Jim Faust, owner of J.R. Faust & Sons Construction, received approval for Estates at Deer Crossings from the Lower Nazareth Township Board of Supervisors in 2008.

He says he hasn’t built the 41-home development between Steuben and Hanoverville Roads because of nearly “impossible” standards for water runoff.

Faust said the U.S. Clean Water Act doesn’t allow him to have water coming off of rooftops, driveways, sidewalks and other impervious areas into the nearby Monocacy Creek, which lies less than a quarter mile from the proposed development.

Faust believes more water would flow into the ground if the sidewalk requirement was removed from the project.

Faust during last month’s supervisors meeting requested the sidewalk waiver, which was tabled until January as the board awaits a recommendation from Township Manager Timm Tenges and Township Engineer Al Kortze.

The planning commission mandated the sidewalks when it recommended approval of the project in 2008. Tenges said he and Kortze will explore Faust’s issue and come back to the board next year with a recommendation.

“Al and I will look at the request and provide more input for the board so they can make an educated decision,” Tenges said. “They like the sidewalks. They required the sidewalks when the project was approved. In order for them to deviate from that, we’re going to have to look at the request.”

Faust has also proposed installing “snouts,” which are filters placed into inlets in the street to collect water. He said the “snouts” would have to be cleaned and maintained by the township.

Colleen Connolly, a DEP spokeswoman, said the Clean Water Act governs water pollution and establishes goals to eliminate releases of high amounts of toxic substances into water.

“Mr. Faust, like any other developer in Pennsylvania, is bound by the Clean Water Act of 1972,” Connolly said.

Faust said the proposed sidewalks on his land wouldn’t lead to anywhere and he previously requested relief in 2008 from constructing the sidewalks.

http://www.lehighvalleylive.com/nazareth/index.ssf/2011/12/plans_stalled_for_lower_nazare.html