Forks Accused of Violating Sinkhole Ordinance

At Forks Township’s of the year Jan. 9., resident James English appeared before the board and asked that a sinkhole in the be declared a public nuisance and fixed.

Not only that, English accused the township of violating its own law.

Since last October, residents of Sycamore Hills, off Bushkill Drive and Zucksville Road in , have complained about a deteriorating stormwater swale behind their properties and about a sinkhole that appeared there in November.

A swale directs storm water behind the homes in the development, but English says that newer developments, such as Pheasant Ridge, has increased the volume of water running through the swale beyond its capacity and has made the area around it unsafe.

The sinkhole, either an existing soft spot or created by excess stormwater, has only made things worse.

In the past, the township has spent more than $1 million fixing swales on both private and public property. But with lots of housing developments, lots of water and lots of sinkholes, supervisors said it would be impossible for the township to pay for it all.

So, in December, Forks supervisors passed a written by the , that essentially states that if the sinkhole is on your property, it’s your problem. If it’s on township property, it’s then the township’s problem.

At that point, the township dropped the Sycamore Hills issue because it is private property.

On Jan. 9, however, English reminded supervisors that the township already had a sinkhole ordinance that dates to 2003 (shown below). That ordinance suggests that a sinkhole on private property is the homeowner’s problem, but it continues, requiring that if a sinkhole develops in a swale, it must be declared a public nuisance and the property owner given 10 days to fix it.

“By law – their own law – they are required to notify the owner,” English said in an interview. “And if it’s not repaired, the township can do the work and charge the homeowner.”

The ordinance also states that "any person, partnership or corporation" that has permitted the violation of the ordinance is subject to a $400 to $600 fine.

At the board meeting, English handed a copy of the ordinance to the board.

Erik Chuss, chairman of the board of supervisors, wrote in an email that the township staff and engineer are investigating English’s concerns. And once they report back to the board, Chuss said, they will have recommendations about what to do next.

In the meantime, English has made it a mission of sorts to get the township to do something about the sinkhole. He worries that the longer the sinkhole sits, the greater the liklihood it will grow, or new ones will form.

“Everyday I look out my window and I see the [damage],” he said. “It’s like rubbing salt in the wounds.”

 (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.