Forks Township Adopts Sinkhole Policy for Public Property

Before voted on the new stormwater and sinkhole resolution, they heard the plight of the owner of a house in the Penn’s Ridge development. They voted 4-1 Thursday to approve the Storm Water Facilities and Sinkhole Policy.

David Billings, chairman of the supervisor’s board, said the resolution is meant to establish true intent and to clarify the township’s position on stormwater issues and sinkhole remediation. It went through three reviews before it was passed, he said.

Billings was the sole dissenting vote, because he thinks the resolution inadvertently forces house owners to get sinkhole insurance.

The resolution requires the township to remediate stormwater issues and sinkholes on public property, but not on private property. Property owners are responsible for the repair costs, it stated.

Maria Tatay approached the board seeking some relief or at least guidance regarding the 20-by-20 foot depression threatening to swallow up ground at her Penn Ridge property. Tatay and her husband Carl purchased the house for her mother. The actual sinkhole opening is in her neighbor’s yard, she said.

Tatay explained that Omega Homes had given the buyers a 10 year warranty on the houses and the structures around them. When sinkholes opened up in September throughout the development, the builder sent the house owners a legal agreement nullifying the warranty, and rescinding all rights to sue the builder. The indemnification agreement also applied to the house owners’ heirs, she said. Omega Homes agreed to fix the sinkholes for the owners who signed the agreement.

Tatay said she took the agreement to an attorney, who told her it was heavily sided in favor of Omega Homes and advised her not to sign it. Also, she took the plans for the sinkhole fix to her brother, who is a civil engineer. He said there were no drainage provisions in the plan that would resolve the sinkhole affecting her property.

“What you’re talking about is a private issue between the builder and the home owner,” said Karl Kline, the township solicitor.

“Why isn’t the drainage the same between the streets,” Tatay asked. “I can’t come to terms that there’s nowhere for this water to go. The water is what’s causing all of the sinkholes.”

The supervisors could not offer her any assistance. Tatay and her husband think there may have been a problem with the drainage system design from the beginning. The township would have had oversight of the plan before construction began.

Carl Tatay said the plans look like the original design was changed after part of the development was already built.

“I don’t know if it was coordinated,” he said.

Kline told the supervisors prior to the resolution vote that “The township is not the guarantor that all stormwater systems will work as planned.” He went on to say, “The township is not liable even if the developers are insufficient or the construction defective.”

Tatay said the most recent sinkhole was not the first on her property. One opened up in her front yard in April and undermined the driveway and sidewalk. Although it was nothing in comparison to the depression in her backyard, it still cost her $8,000 to repair.

In Kline’s opinion, if the township starts repairing residential sinkholes, then it will have to repair all of them. The township would have to have the funds available to cover the cost.