Transcript It Must Have Fell Through the Cracks…Sorry!

Who, Why, and How
was this Allowed to
Happen?
- By Linda Beaumont
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The Construction of an Inferior
&
Sub-standard Retaining Wall
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It Must Have Fallen
Through the Cracks…!
“Boy somebody really screwed up on this one”.
- Really?
That Must Have Been One Very Big
Crack!!!
An aerial view of the failing retaining wall taken
from a height greater than 1200’ feet
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Hanover Engineering Associates
Survey of the Mystery Wall
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Chapter 165: Subdivision and Land
Development.
Article I. § 165-4 Applicability
• A. No subdivision or land development of any
lot, tract or parcel of land shall be made and no
street, sanitary sewer, water main, gas, oil or
electric transmission line or other
improvements in connection therewith shall be
laid out, constructed, opened or dedicated for
public use or travel or for the common use of
occupants of buildings abutting thereon, except
in accordance with this ordinance.
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Article I. § 165-4 Applicability (Con’t)
• B. No lot in a proposed subdivision or land
development may be sold and no final permit to
erect any building upon land in a subdivision or land
development may be issued unless and until:
• 1. A final plan has been approved and recorded;
and
• 2. Either:
(a). The Township has been assured by means of a development
agreement acceptable to the Board of Supervisors that the
improvement will subsequently be installed; or
(b). The required improvements in connection therewith have been
entirely completed.
• C. The regulations of this ordinance shall apply to
any subdivision or land development.
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Article I. § 165-48
Approval of Improvements
• D. Engineer's report.
• (1).Within 30 days of the receipt of such request,
the Township Engineer shall submit a written
report certifying which improvements have been
completed in accordance with the approved plan
to the Township Supervisors.
• (2). This report shall be based on the
inspections made according to the approved
inspection schedule included in the development
agreement and shall recommend approval or
rejection of the improvements, either in whole or
in part.
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Matters of True Concern
• The retaining wall as constructed would
not have survived another harsh winter.
• If the retaining wall was allowed to fail
those homes located above and adjacent
to it would have suffered significant
damage.
• The failing retaining wall posed a clear and
present “Danger” to the residents residing
directly adjacent to the wall.
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Matters of True Concern (Con’t)
• The wall’s construction did not adhere to
any code.
• Portions of block on the upper wall weigh
more than 50 Ibs, and rested at a height of
12 feet above the fee simple lots below.
• A block falling from the aforementioned
height and striking an adult or child could
have resulted in serious injury and / or
death!
Conclusion
• The failed retaining wall’s construction did not adhere to
any code. Moreover, it was a VMR improvement that was
not in compliance with Township Ordinances.
• For all intents and purposes the wall was an illegal
construct.
• The residents of The Villages at Mill Race as Consumers
of the VMR development, should not have to bare the
totality of the financial burden associated with the failed
retaining wall’s repair!
• At the very least; those entities responsible for this
calamity must be held financially accountable to some
degree…!
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Thank You
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