Waldwick
February 22, 2012 THE VILLADOM TIMES III • Page 3
Residents of Cypress Court in Waldwick may have to undertake flood mitigation measures on their own. Waldwick Borough Administrator Gary Kratz told the mayor and council at a recent meeting that there is no record of an easement on the subdivision map of the area, nor is there a deed of easement recorded with the municipality. “We have no legal authority for drainage work on their property,” Kratz said. The administrator and the mayor will meet with
Town has no jurisdiction to help Cypress Court flooding
the residents to discuss specific problems and options. Last month, several residents asked the governing body to help solve their water problems, which they said were likely caused by a drainage pipe running along an easement through their back yards which seems to be either clogged or broken. They said that, in the past, the borough had done some maintenance work on the system, but that the situation had gotten progressively worse over the years. “We would be opening Pandora’s box by assuming responsibility for problems on residents’ private property,” said Councilman Frank Palladino. He said he might feel differently if he could judge the borough’s potential exposure by knowing how many other such easements existed in town. Councilwoman Anita Bozzo concurred, noting that she didn’t want the council to set a precedent by undertaking a project to improve a situation that was not on borough property nor caused by any governing body action. “Everybody will want us to do it,” she said. Councilman Andrew Brennecke said the question is whether the borough wants to assume responsibility even without the easement, and under what conditions. Kratz said that, if the council decided to get involved, it would need to get clear legal authority. He said permanent easements would have to be in place, and temporary easements would have to be secured
to cover the period while the work was in progress. He said all fences, sheds, swimming pools, and other obstructions in the right of way would have to be removed by the homeowners, and all of the homeowners would have to be on board. “If one property owner demurs, we won’t have the ability to do the work,” Kratz said. Palladino said another alternative might be for the borough to undertake the project, but with the homeowners footing the bill. Kratz said it would be cheaper for the homeowners if the borough did not get involved, because the municipality has to follow state laws dealing with prevailing wages and bidding, which usually result in higher prices. Kratz said the problem could be twofold: Basement flooding could be caused by the high water table, and the back yard flooding could be the result of the pipe problem. He said work would probably (continued on page 12)