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Shawnee Valley PRD Settlement |
12.6.2009 Smithfield Township Board of Supervisors is pleased to announce a settlement by the parties involved in litigation regarding Shawnee Valley PRD. Here is the settlement summary. Note 12:42, 11/23/09: Links to the appropriate documents will follow shortly. Adoption of the SVPRD settlement is scheduled for the
Tuesday December 8 BOS regular meeting at 7:30 pm.
Settlement Summary:
In December 2007, the Smithfield Township Board of Supervisors approved a revision to the 2005 Tentative Plan for the Shawnee Valley Planned Residential Development (SVPRD). The SVPRD was originally approved by the Township in 1988, and was revised in 2005. Shawnee Development, Inc. (SDI) and C&M Shawnee Land Holdings L.P. (C&M), as co-developers, proposed the 2007 Amended Tentative Plan for the SVPRD.
Under the 2007 Amended Tentative Plan, SDI and C&M would develop 1,245 residential and timeshare units on 1,025 acres of the Shawnee Valley, as opposed to 1,602 units on 1,006 acres as approved in 1988 and again in 2005. 655 acres of SDI and C&M property would remain open space. A summary chart of the 1988 PRD and its changes is attached.
The Shawnee Preservation Society challenged the Board’s decision to grant approval to the 2007 Amended Tentative Plan by filing a land use appeal before the Court of Common Pleas of Monroe County in early 2008. Thereafter, in June 2009, President Judge Ronald E. Vican determined that the appeal was frivolous and ordered SPS to post an $11 million bond before proceeding further in the case.
At the request of SPS, during the proceedings prior to the Order to post bond and after the Order, SPS, C&M and SDI attempted to negotiate a settlement of the litigation. As a result of significant efforts, SDI and SPS have reached a comprehensive settlement of the litigation. SDI has purchased C&M’s interest in the SVPRD. The Settlement Agreement must be considered by Smithfield Township and, if approved, submitted to Judge Vican for approval.
The full text of the Settlement Agreement is available on the township website / offices. The terms include:
Elimination of 32 units from Stage Ib;
Elimination of up to 18 units from Stage Ib if necessary to accommodate Natural Preservation Buffer areas;
Realignment of the road system and remaining units of Stage Ib to provide a 120 foot building foundation setback from Shawnee Lake;
An option to purchase Stages II and III (500 acres) from SDI held open to any governmental or non-profit land preservation organization until November 31, 2012;
Designation of areas surrounding Sun Mountain Lake as Natural Preservation Buffers. The areas require buildings to be set back an enumerated distance from Sun Mountain Lake and may be occupied only by vegetation;
Viewshed impact reduction of Stage IV by limitations on exterior materials, color palate, lighting, landscaping and tree clearing, and building reorientation to provide screening of certain features;
Elimination of the access road with Hollow Road at Sun Mountain;
Elimination of the access road across Sun Mountain Lake Dam;
Construction of a new 12’ wide road across Shawnee Lake Dam which will be designated and used as “emergency access only;”
Notification of SPS and adjoining land owners prior to blasting activities;
A consultation process between the parties for resolution of disputes during development; and
Waiver by SPS and its members of rights to oppose or appeal permits or approvals issued for the SVPRD provided that the permits and approvals are consistent with the terms of the Settlement Agreement.
A diagram showing a comparison of acreage, units, open space and other features of the 1988, 2005, 2007 and 2009 (Settlement) Plans is attached hereto.
If the purchase is completed, it is the intention of SPS to add the acreage to the Delaware Water Gap National Recreation Area.
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