From the Gloucester County Times:
Developer sues over permit terms
A developer planning to construct 29 single family homes on property owned by the Holy Name of Jesus is suing the township planning board, claiming that the board violated state law by stipulating that the developer inform homeowners of soil contamination.
Ginsburg Development Companies, LLC received approval for the Saddle Ridge development on a 44-acre site off U.S. Route 322 in May.
As part of the conditions of approval, the applicant agreed to mix contaminated soil on the site and produce a “No Further Action” letter from the state Department of Environmental Protection (DEP) before receiving the first building permit.
In its approvals, the planning board “determined that it is appropriate to require a disclosure in the deeds for each lot and a disclosure in the Homeowner’s association documents regarding the levels of naturally occurring arsenic for all lots affected by these elevated levels,” according to the complaint filed in Superior Court last month.
…
Ginsburg claimed that the requirement to disclose the naturally occurring arsenic in the deeds was “unlawful, inconsistent with and preempted by, New Jersey State Law” and “unnecessary to protect public health and safety.”
29 single family homes on 44 acres !!! What an environment disaster !!!
Just my 2 cents worth.
Arsenic can come from orchards as branches decompose. Many artificial lakes in NJ have unusually high arsenic levels due to the flooding of orchards in valleys.
Not only arsenic but lead is associated with orchids but this is not naturally occuring but rather applied by the farmers.