Borough Says Site Improvement Work on the Route 940 Warehouse Should Not Have Started
Developer Has Allegedly Failed to Submit Financial Performace Security or Obtain Necessary Permits
APR 2 2023, 7PM

MOUNT POCONO – The developer was not authorized to start site improvements on the Mount Pocono Crossings warehouse and was about to be hit with a stop work order from the borough codes enforcement officer, according to Mount Pocono Borough Manager Joshua Walker.
The developer of the massive 1.2 million square foot warehouse on Route 940 has not posted the $14 million financial security deposit required under the agreement with the borough, according to Borough Manager Joshua Walker. As a result, permits were not issued and site improvement work should not have begun.
Technically, Mr. Walker told us, clearing the trees last Fall was part of the performance security deposit calculation, but since no permits were required for that work it was allowed to proceed. “They told us they were only doing clearing and grubbing,” Mr. Walker said. “We noticed the stacked piping and other materials on the site, but thought they were just storing them until they received their permits.”
Subsequently, when he and the borough engineer inspected the property, they realized that workers had done much more than simply clear the land. The borough was prepared to issue a stop work order after the engineer said they had gone beyond what could be done without permits and the performance deposit.
The Boro & Towne News has obtained copies of the Construction Cost Estimate for the warehouse project annotated by the borough engineer to show construction items improperly started. The clearing of the land represented $172,000 of the total $14 million financial security deposit.

But the developer actually began work on much more than that. According to the engineer’s notes, they had done or started over $2 million in additional construction items. That work was not permitted to begin until the deposit and recreation fees were paid, according to the borough.
When confronted, the developer filed for the necessary permits. Told they would not receive them until they paid the performance security and impact fees, the developer opened negotiations with the borough solicitor to amend the agreement to allow more time to post the security, while still obtaining needed permits.
The Mount Pocono Borough Council’s next meeting is this Tuesday, April 4, at 6:30 pm on the second floor of the borough building. The council will consider the developer’s request to allow it to continue work without posting the entire performance security at that meeting.
[UPDATED APR 4 2023 1130am to correct the statement that the developer’s agreement was not listed on the agenda. It has in fact been listed to consideration tonight.]