Forks Moves to get Sinkhole Fixed

has ordered three property owners near Sycamore Hills development – off Bushkill Drive and Zucksville Road – to fix a sinkhole that has developed on their properties.

The homeowners affected are Albert Sherwood, who owns 1700 Mitman Road, and Thomas and Joanne Todaro, of 1702 Mitman. The third property, 502 Red Barn Road, is owned by the Pheasant Ridge Development Corp., run by developer Jim Seitz.

said at Thursday’s supervisors meeting that he had already heard from one of the owners, who “was not too happy about it.”

“I guess we’ll wait to hear from all three,” Weis said, “and set a meeting and discuss how to rectify this.”

According to the township’s , the homeowners have 10 days to fix it. The hole, however, was first brought to the supervisors' attention in November.

“The sinkhole has doubled in size since we first reported it,” said Sycamore Hills resident James English after the meeting. “The [township] still hasn’t fulfilled its own ordinance.”

The ordinance states: “Immediately upon receipt of such notice, the property owner shall erect such barriers, fences, signs or other means to reasonably protect the public from the dangers of the sinkhole.”

English said there are no barriers around the sinkhole, which he can see from his window. He said he worries that it’s just getting more dangerous.

At the end on 2011, supervisors thought they had washed their hands of sinkholes on private property when they passed a written by the . Essentially, it states that if the sinkhole is on your property, it’s your problem.

But on Jan. 9, English called the supervisors' attention to the existing sinkhole ordinance (below), which is when the board directed Weis to determine who owned the properties that were affected to initiate the repair.

“At least they’re doing something,” English said.

 (From Forks Township Ordinances)

Article III. Sinkholes

[Adopted 9-18-2003 by Ord. No. 281]

§ 125-5. Public nuisance.

Any sinkhole, the location of which endangers the foundation of any building, which may cause a building or structure to shift or subside, or which is located in or in close proximity to a parking lot, parking area, driveway, roadway, sidewalk, pathway, detention basin, stormwater swale, any municipal infrastructure, or any utility infrastructure is hereby declared to be a public nuisance and shall be repaired in accordance with accepted engineering practices.

§ 125-6. Property owner responsible for repairs.

The Township Building Inspector, Township Engineer or Township Manager shall give written notice to the property owner of any property upon which a sinkhole, which is a public nuisance, is located and direct that the sinkhole be promptly and properly repaired. Immediately upon receipt of such notice, the property owner shall erect such barriers, fences, signs or other means to reasonably protect the public from the dangers of the sinkhole. The owner of the property on which the sinkhole is located shall complete all such repairs no later than 10 days after receipt of written notice from the Township.

§ 125-7. Repairs.

If the owner of the property on which the sinkhole is located fails to accomplish said sinkhole repairs within 10 days of said written notice, the Township may repair the sinkhole and bill the property owner for the Township's costs, including engineering and any other administrative and legal costs related to said work. If the owner of the property fails to pay said bill in full to the Township within 30 days after said bill has been sent to the property owner, the Township shall thereafter file a municipal claim and lien against the property on which the sinkhole is located for the costs of repairing the sinkhole, including the engineering and other administrative and legal costs related to said work.

§ 125-8. Violations and penalties.

A. Any person, partnership or corporation who or which has violated, or permitted the violation of, the provisions of this chapter shall, upon being found liable therefore in a civil enforcement proceeding commenced by a municipality, pay a judgment of not less than $400 and not more than $600 plus all court costs, including reasonable attorney fees incurred by the Township as a result thereof. No judgment shall commence or be imposed, levied or payable until the date of the determination of a violation by the District Justice. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable rules of civil procedure. Each day that a violation continues shall constitute a separate violation, unless the District Justice determining that there has been a violation further determines that there was a good faith basis for the person, partnership or corporation violating the chapter to have believed that there was no such violation, in which event there shall be deemed to have been only one such violation until the fifth day following the date of the determination of a violation by the District Justice, and thereafter each day that a violation continues shall constitute a separate violation. All judgments, costs and reasonable attorneys' fees collected for the violation of this chapter shall be paid to the Township.