Developer sues over Green Pond fees
After years of debate, lengthy meetings and several plan revisions, Bethlehem Township Commissioners voted over a year ago to approve an active senior community at Green Pond Country Club. But if you drive by, you’ll see no homes being built.
The environmentally sensitive wetlands next door to this planned community, located in the middle of an Audubon-designated “Important Bird Area” called Green Pond Marsh, are still there. Migratory birds still visit. But no seniors. Is developer Traditions of America (TOA) having trouble getting a highway occupancy permit or environmental approvals? No,it has them.
So what gives? According to TOA, it’s the township’s engineer, The Pidcock Company.In fact, TOA has sued Bethlehem Township over what it contends are excessive fees.
On Oct. 11, Traditions took the rare step of filing a mandamus action in Northampton County Court. It is asking that the court order Bethlehem Township to replace Pidcock with its backup engineers, Arro Consulting. Since the developer already has all of its approvals, it essentially is accusing Pidcock of a shake- down. In one instance, the engineering firm billed for 35 hours to prepare a one-page email with eight comments. In another, multiple individuals charged to prepare for meetings they never attended. Pidcock billed 30 hours to review stormwater plans even though DEP had already issued a permit.
When TOA complained, Pidcock stopped working on the project, effectively shutting it down. Though the township convinced the engineering firm to return, Traditions asserts Pidcock is now throwing up roadblocks to prevent development. It is insisting on using an outdated procedure for utility line construction, which will add another two months of delay.
Both Pidcock and the township declined comment because of the pending litigation. The township was served Oct. 22.
The Pidcock Company is a 90-year-old engineering firm representing numerous public and private clients. Among its 11 public clients is Bethlehem Township. In addition to Pidcock performing services directly to the Township as its engineer, Bethlehem Township is authorized by state law to charge developers “reasonable and necessary fees” to review developer plans and inspect the actual improvements.
Back in 2012, former Commissioner Marty Zawarski complained about Pidcock’s billing. He also groused about the mileage being charged, noting that Pidcock is located near Route 309, a 40-mile round trip from the township. “There are very, very good engineering firms within 10 minutes of here,” he observed.
Bethlehem Township’s adopted budget this year sets aside $60,000 for Pidcock’s direct services to the township. Based on a review of this year’s budget, along with billing statements attached to the agendas of every meeting, Pidcock had charged at least $130,000, with two months to go. Township Manager Doug Bruce has confirmed that Pidcock is 217 percent over budget.
Bruce defended Pidcock: “The board of commissioners and the township’s staff rely on Pidcock for thorough and professional engineering services, delivered in a timely manner, for widely varied projects: traffic, public safety, stormwater, land development, public infrastructure, sinkholes,” he said.
In addition to the $130,000 directly billed to the township, Pidcock has submitted $653,000 so far this year in bills to developers like TOA.