After a lengthy discussion between Mahoning Township supervisors and officials from the Carbon County Municipal Authority about possible ways to make sure developers have enough capacity if they are required to attach to the Carbon County Municipal Authority's sewer system, supervisors voted 5-0 at last night's meeting to place a note on a plan for the Nosal subdivision requiring the developer to pay for 3 EDU's to ensure capacity in the system.

"I won't sign the planning module if the developer does not pay for the EDUs required before final approval of the plan is given," Municipal Authority Tim Eckhart told supervisors during the discussion. He stressed that he did not want to be in a position in which the authority would not have the capacity to cover a development and by paying up front to reserve the EDUs, it would help guarantee capacity.Chairperson John Wieczorek asked the authority members at the meeting how they would handle the Nosal subdivision in particular. "One lot is zoned commercial and each lot has 1 EDU you are requiring for it. What happens if the business that purchases the lot needs more than that?"Authority Solicitor Holly Heintzelman told Wieczorek that if a commercial developer needed more EDUs at the time they want to develop the site, they could purchase more at a future time."What happens though if there is not sufficient capacity at that time," Wieczorek responded, asking if that would stop the plans.Eckhart confirmed that if the capacity is exceeded at that point in time that the authority had no further EDU's, such development plans would be stopped until the situation could be mitigated.Supervisor George Stawnyczyj pointed out that if the township puts the note on their plans from this point forward and something external blocks development in the future after the developer paid for the sewer capacity that they would be prevented from using, it could make both the authority and the township liable. "Would you extend your services to the township to defend us in such a case?"Heintzelman said she was not prepared to be able to affirm such a request but indicated this particular course of action was discussed during their policy discussions about handling development within the jurisdiction of the authority. She said it was possible that language could be added to provide a refund if development is externally prevented.Authority Engineer Ron Tirpak mentioned that while the meters track actual flow through the system, the authority adds the committed EDU's to that to determine capacity. The system currently can process 367,000 gallons per day and is currently at 20% capacity processing 78,000 gallons per day.Wieczorek asked about the understanding that the authority has a separate agreement with Packerton Yards. Township Solicitor Tom Nanovic requested it from Heintzelman. The board received it earlier in the day. Heintzelman said the deal with the County requires they pay for 37 EDUs for the development at the time the plan receives final approval. "This is no different than our policy for anyone else, but with large developers we like to maintain separate agreements."Township developer Jake Arner who also is an officer in the Carbon County Builders' Association said he felt that the township should be careful with requiring upfront payments. "When money changes hands, you become bound by contract and if the developer is unable to move forward after paying for EDUs that are prevented from being used, they could sue you and the authority."Arner said he believed that developers should not be forced to pay for sewage capacity until they are ready to build. Heintzelman said they were saying the similar thing in different ways. She pointed out that the authority is not requiring payment until final approval is given which is the point when the developer would be ready to begin anyway.Arner also gave supervisors information about a recent change in DEP policy that would require sewage usage to be evaluated in gallons of usage instead of EDUs.Township Engineer Tim Edinger asked if the EDUs stay with the land or do they change hands with the developer. Eckhart told him the EDUs remain with the land. Eckhart said that to handle the concerns about capacity and tracking EDU commitments, it might be practical for the authority to notify supervisors when the fees for the EDUs are paid.Heintzelman said another part of the problem was the authority was not receiving plans with the modules. Edinger said the plan was required with the module. Wieczorek said the supervisors agreed to provide plans to the authority when they were submitted.In the end, the supervisors unanimously decided that the note should be included on the plan for the Nosal Subdivision, but asked the authority to apprise them on a regular basis of the capacity that exists and how much is committed. Heintzelman and Tirpak said they should be able to do so.