Who, Why, and How was this Allowed to Happen? - By Linda Beaumont 1

The Construction of an Inferior & Sub-standard Retaining Wall 2

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 4

Hanover Engineering Associates Survey of the Mystery Wall 5

Chapter 165: Subdivision and Land Development. Article I. § 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. 6

Article I. § 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. 7

Article I. § 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. 8

9 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.

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…! 11

Thank You 12