The story regarding the
homeowners from the Estates at Chadds Ford is not, so far at least,
contentious. There’s no anger or hostility, but it does evoke intellectual
interest.
As reported, some residents
want stormwater retention basins left open with no fencing around them. The
idea is to allow for kids to sled down the hills in the winter. This seems like
a good, fun neighborly thing to do, but it’s not up to the homeowners, not at
this point anyway.
At issue is the resolution
signed by Toll Bros. and the township supervisors in 2005 when Toll received
approval to build the 120-home development on the site of a former Girl Scout
camp. Township ordinances require the basins be either fenced or landscaped.
The resolution resulting from
the agreement calls for fencing and only the owner of the property, in this
case, Toll Bros. can change that — and only by making a formal request to the
township.
Supervisors say they can’t do
anything and one may wonder if the they are simply being hardnosed and
difficult, possibly out of fear of some litigation if a kid gets hurt. However,
the legalities of the situation mean the supervisors can’t act unilaterally on
this.
For the record, children get
hurt no matter the situation. One resident told supervisors that one child
already fractured a wrist while climbing a fence at one of the already fenced
basins.
And even if the reluctance is
based on fear of a lawsuit, the supervisors should act in a way that would
protect the township from a suit. That’s part of their responsibility.
Unless Toll makes the official
request for a change, it will have to fence all the basins. Once that and all
the other punch list items are taken care of, then, and only then, can the
Homeowners Association take ownership of the common areas. At that point, the
HOA may remove the fences.
If that should happen, we
suggest the association take the advice of township solicitor Hugh Donaghue and
take out a good amount of insurance so it doesn’t get into trouble should a
child get hurt in a sledding accident. He also cautioned about hazards during
rainy weather when water in the basins can reach a depth of eight feet.
Right now, the issue is a matter
of ownership and legal responsibility, and, at present, the Homeowners
Association is not in that position. Only Toll Bros. can request the change.
It’s not up to the supervisors.
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