Springton Pointe Homeowners Seek Fairness in Sewer Plan, Rates

NEWTOWN SQUARE– Board of Supervisors agreed to postpone items on the township Planning Commission agenda at their Thursday meeting, after hearing a presentation made by Raymond Lopez, president of the Springton Pointe Estates Homeowners Association, at a Board of Supervisors meetng Monday night.

The items that will be postponed on the Planning Commission agenda, include the  revision to Newtown Township Act 537 Plan for the Echo Valley  and Florida Park sections of the township as well as the Sewage Facilities Planning Module, for Olde Masters Golf and Retirement Village, and for Marville development parcels A, B, C, D.

Lopez, the representative of 115 homes of Springton Pointe Estates, went before the board to seek fairness in the sewer plan for residents in the existing development to have priority over the Act 537 Plan over a development that is nonexistent or will be built in the future.

According to Lopez, 35,000 gallons are need for his development alone in which the township has been divvying up the amount of gallons available to developers and builders for the development of homes that are not built yet.

"Things aren't being done in our best interest here," said Lopez in a phone interview Tuesday. "They're about to vote on granting the builders for their planning modules for a new sewer. Just treat us fairly. We're taxpayers and residents. They're giving builders our gallonage to these future residents who don't live there yet and it's just sitting there."

But Township Solicitor Bruce Irvine believed the residents of Lopez's development were specifically kept in mind for the sewer plans.

"Your neighborhood and development were certainly taken into consideration," said Irvine. "We had constraints as it relates to the CDCA (Central Delaware County Authority) and the maximum amount of gallonage we were able to be issued."

Currently, the wastewater treatment plant is located within the property of Springton Poinet Estates in which the ownership of the plant lies in the hands of the township. Lopez said a seven-party agreement was made in 2006 with several local businesses and developers in the area, in which the intent was to eventually have the plant go offline.

However, Irvine said, "When the plant was to come offline, it was because it wasn't working properly."

The original plan, said Lopez, was to have Aqua build a regional plant on the Garret Williamson property but the township changed their mind, which led to a $220,000 lawsuit for the township due to $280,000 lost in investment and engineering fees for Aqua.

Currently, Aqua runs the treatment plant and the contract runs through 2012 but because of the settlement, Lopez said Aqua has the opportunity to maintain the plant until 2017. However, if the township were to change the contract, there will be a $10,000 liability per year or $50,000 to get out of the agreement.

In the 2009 Act 537 Plan, Lopez said there were plans to take the plant offline but in the 2010 plan, the plant was back on the Act 537 plan after the settlement was made with Aqua.

The residents of Springton Pointe Estates and, although, part of Springton Pointe Woods is tied to the CDCA which should make the rate cheaper, Lopez said, Springton Wood residents are paying a flat sewer rate of $599 per year.

Lopez suggested demolishing the wastewater treatment plant and hooking up the existing pipes that run through the wetlands of Hunter's Run to the Camelot Drive pump station, which then makes it way to the CDCA.

Municipal Authority Engineer of Kelly & Close Engineeers met with Lopez, in which they told him there was an existing pipe to which they would be able to place two $50,000 low-pressured pumps at the treatment plant and go through the Camelot pumping station to the CDCA.

In an exchange he made with Newtown Municipal Authority Chairman Robert Jackson about the suggested plan, Jackson apparently replied that the residents of Springont Pointe Estates should pay for $60,000 in liquidated damages to Aqua and pay for some of the infrastructure costs of the pump station.

In addition, Jackson had apparently told Lopez that the capacity of gallons was not available, but Lopez said the township has 961,000 gallons allotted to the township from the CDCA and another 103,000 gallons from Upper Providence is in the works.

The gallons that have been given out already, said Lopez, were to the BPG, Ashford, Olde Masters and Marville properties. When Lopez asked Jackson why they were given gallons, Jackson had apparently told Lopez "because they're paying for it."

"Of that capacity, the only portion that's being used, that I know of, is Springton Pointe Woods, La Terrazza (condominiums) and Somerset which hasn't been built yet," said Lopez, who noted his development needs 35,000 gallons. "So, as a homeowner, I believe that there are gallons available."

A meeting has been scheduled this week to meet with Lopez, Jackson, Irvine and both Supervisor Joseph Catania and Vice Chairwoman Linda Houldin to discuss this issue.