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HOPEWELL: Losing our sewer sovereignty

To the editor:

Know that even if the legislature reduces Hopewell Township’s affordable housing obligation, the committee is still locked in to a 4:1 market rate ratio thanks to its signed agreements with developers.

At the May 14, Hopewell Township Committee meeting, the committee introduced Resolution #18-178, a late arrival that the public had no opportunity to review before the meeting.

By this writing, its contents remain off their web site. The township voted on the resolution, “Resolution Encouraging and Supporting the Reduction of Sewer Connection Reservation and User Fees by Regional Sewerage Treatment and Conveyancing Entities to Facilitate the Production of Affordable Housing” without permitting any public comment.

What is it about? It is well known that Hopewell Township does not run its own sewer authority. The new affordable housing units, the new market rate homes, the new community center, and the new 100,000 square feet of commercial development to be built in the southern tier will need sewer capacity from the Ewing Lawrence Sewerage Authority (ELSA). This resolution supports negotiations for the sewer rates for this new development between ELSA and Lennar, the developer with whom the township has contracted for the development of the 78 affordable units and 300 market rate homes behind ShopRite.

The resolution states that Hopewell Township will “agree to endorse and support any reasonable agreements with respect to these issues that are reached by and between ELSA and the developers.”

However, Hopewell Township will not join these negotiations. The good news is that Hopewell Township cannot be held responsible if Lennar cannot reach a “reasonable” settlement with ELSA, traditionally a tough negotiator.

But what happens if the developer and ELSA cannot reach agreement or fail to set “reasonable rates.” Will the court step in?  Will the two parties be forced to renegotiate? Will litigation ensue? Who decides what is “reasonable?” The township? The courts? Uncertainty may remain for a long time.

Hopewell Township appears to have lost control over its sovereignty. Imagine instead that we had contracted with one of the many 100 percent affordable builders, perhaps in just one or two of the possible southern tier locations.

Many other townships have pursued that course. We would then have been at the table, negotiating reasonable rates. But, as it turns out, none of the 100 percent affordable developers were intervenors at the Superior Court proceedings. We are left to wonder why.

In other business, a township work session considered permitting alcoholic consumption in public parks. One committee member favored this as a potential revenue source. Once again, they permitted no input from the public. Had previous township committees touched this subject, they would have welcomed input from the public. Such public comment might discourage embarrassing decisions, or worse still, damage or personal injury.

Local government will remain broken so long as the committee prevents the public from offering its views and while the mayor and committee fail to communicate clearly and openly with the public on these pages

Cheryl Edwards

Hopewell Township

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