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This is a video taken in October 2005, just weeks after the Township halted this resident's DEP-sanctioned and permitted flood-repair with a "Cease and Desist Order". **
Since this video was taken, there have been two subsequent floods where this home was flooded.
http://video.google.com/videoplay?docid=-9080075195951950886&pr=goog-sl
After seeing this video at a meeting in December 2005, the Board of Supervisors were visibly shaken by the sheer volume and velocity of the water coming down the mountain from the developments upstream. They stated they, "Wished to see this flood repair move forward".
But, there was a caveat; they refused to allow her to move forward until she signed a Liability Release.
The Liability Release was couched in a manner to be simply a release of the Township for the structure of the Stream Bank Wall. Though it seemed odd that any Township would require a "liability release" for any work to be done on a property, prior to repairing flood work, the owner was agreeable.
Unfortunately, concern was warranted: much like an earlier land easement volley, whereby the Township caused a precious three-month delay in the original project (see below) - when the "Liability Release" arrived, it did not resemble anything the landowner had agreed to. It had been drawn up (by the Township Solicitor) to include a complete and total release of liability to the Township, not only for the structure of the wall, but for any actions prior to, during and subsequent to the construction of the wall.
In simple layman's terms: a complete Carte Blanche and liability release for their behavior, delays and how they had treated this resident through two years of delays, side-stepping, harassment, and violations of Municipal Planning Codes.
What this then does, is empower them to continue to selectively harass and treat residents separately as they wish, then force them to release them from repercussions, with absolutely no accountability for their egregious acts.
The owner was advised not to sign. The agencies supporting her at the State level reiterated that it was an unusual request of a Township - particularly in a standard flood reparation situation. The Township has refused to allow her to move forward.
Now the Township is violating an agreement made at a meeting held with all the State agencies present - a meeting initiated specifically to allow the Township to state its requirements with all present, to avert any further 'bait and switch' delays. Instead - in a classic continuation of the same behavior they've exhibited for two years - the Township has now chosen to undermine her legal title to the area where repairs must be done.
Her safety is now a worsening issue.
Integrity. Clearly not a criterion for local governance.
**see below for early commentary on the Cease and Desist order by DEP and the Department of Community and Economic Development (DCED) below. [The DCED is the state-organization chartered with - among other things - actually writing the boilerplate Zoning Ordinances that municipalities use across the State. ...in other words, they know the zoning ordinances inside and out.]
