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Lehigh Township considers switching contractors to finish zoning ordinance
Summary
The Board reviewed a proposal from Pennoni Associates to complete the Township’s zoning ordinance and SALDO, raised questions about ownership of earlier drafts prepared by Urban Research and Development, and agreed to meet Pennoni’s representative before signing an agreement.
Lehigh Township supervisors on Jan. 28 reviewed a proposal from Pennoni Associates to finish drafting the municipality’s zoning ordinance and subdivision and land development ordinance (SALDO), a contract the Board was originally executing with Urban Research and Development.
Attorney David Backenstoe told the Board Pennoni has proposed taking over and completing the remaining work for the same contracted amount as Urban Research. Board members pressed for clarity on whether Pennoni would review Urban Research’s prior drafts, how the Township would access editable files, and whether there could be surprise costs for reproductions or communications.
"Once the ordinance is adopted, it becomes the ordinance of the Township and people would come to the Board if there are issues," Backenstoe said, explaining that the final product, if adopted, becomes public record and available to the Township. He also said Pennoni would need to do an overview of the entire project so that sections are internally consistent.
Supervisor Cindy Miller pointed to language she found in Pennoni’s contract describing Pennoni documents as the firm’s instruments and asked how the Township would ensure access to work products should changes be needed in the future. Backenstoe said that drafting a piece of legislation for adoption is different from sealed engineering drawings, and the ordinances, once paid for and adopted, become the Township’s public documents.
The Board also discussed the possibility of hidden costs; Pennoni’s proposal notes plan reproductions and express mailing would be billed at cost plus a 10% administrative fee. The Board agreed to invite Matt Wanamaker from Pennoni Associates to the next meeting to review the proposal before any contract is signed.
If the Board signs a contract with Pennoni, Backenstoe said he and the Planning Commission will review the completed drafts prior to adoption to ensure legal consistency and resolve any outstanding drafting issues.
The Board scheduled a meeting with Pennoni at the beginning of the next regular meeting so members could question the firm directly before authorizing work.
