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August 31, 2006
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Developments in Tinton Falls stalled
Growth in southern part of borough may be affected
BY LINDA DeNICOLA
Staff Writer

Development plans in Tinton Falls are being put on hold because of questions about whether infrastructure can handle the added growth.

Uncertainty over sewerage capacity for the southern part of the elongated borough has led to a delay in the Planning Board hearing on a proposed development of 13 single-family homes off Shafto Road.

The application has been carried to Sept. 27 because of a state-imposed ban on development in the southern end of the borough until the question of the adequacy of sewage treatment is settled.

Joel Davies, Planning Board chairman, explained that a recent decision by the Council on Affordable Housing (COAH) indicated that the Planning Board cannot take action on any application that is impacted by the Neptune Sewerage Authority (TNSA), unless it has a COAH component.

He added that the postponement "gives everyone a chance to continue to work out what the issues are on the application with the TNSA."

In addition, another development application scheduled to be heard by the Tinton Falls Planning Board last week was carried until next month.

Traditions at Tinton Falls, a 273-unit townhouse and condominium development that would be built at Wardell and Shafto roads, was moved to Sept. 13 due to notification issues.

According to Davies, the board recommended that the matter be carried because there wasn't proof that one adjoining property owner within 200 feet, had been noticed.

Traditions, Edgewood Properties, owned by developer Jack Morris, Piscataway, does have a COAH component so it can be heard in September.

On Aug. 9, COAH imposed a moratorium on developments in the southern end of Tinton Falls that don't have a COAH component after it became apparent that there may not be enough sewerage capacity at present to handle the additional development.

The questions about sewerage capacity escalated in June when borough officials, believing that there was excess capacity, approved a resolution that authorized execution of the TWA-1 (sewer treatment works application) of Chelsea Property Group for a large outlet stores project on Route 66.

The application allowed the borough to apply for sewage treatment at the TNSA.

That night, three attorneys representing three developments in the area where the proposed outlet stores are to be built, attended the council meeting.

Two said they were opposed to the resolution because it might affect sewer capacity for their clients.

The attorney for Avalon Bay Communities, a proposed housing development to be built on Route 33 with an affordable housing component, had apparently filed a "scarce resources restraint" motion asking COAH to stop the borough from following through on the sewerage request because there was a concern about capacity.

The motion led to the COAH ban, which will be considered again in October, at which time the borough has to convince COAH that its affordable housing plan is viable.

As if all of these issues aren't enough, if COAH decides that there is not enough capacity, it could affect the borough's state certification of its affordable housing plan and leave the town open to the builder's remedy law which would allow high-density housing to be built.

"We are trying to sort out the problem," Mayor Peter Maclearie said last month.

He explained, "The Neptune Sewer Authority has a capacity of 8 1/2 million gallons, ours is 750,000 gallons. In addition, there were some memos stating that they would give us an additional 30,000 gallons.

"They're saying that we've used up our capacity. We know we're very close to our capacity," Maclearie said, adding, "We'll work the numbers we have and see what we can do to rectify it."