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View Full Version : Backyard ice rink must come down, Pennsylvania town decides



Teh One Who Knocks
03-14-2017, 11:06 AM
By Michelle Chavez - FOX News


http://i.imgur.com/U8xdKRd.jpg

A Pennsylvania family thought building a hockey rink in the backyard was the solution for keeping the kids active during the winter -- until town officials told them to tear it down.

“We want a space for them to... just get outside and get some exercise and kind of bring back the old school fun that we had when we were kids,” Terry Beam told Fox News.

This is the second winter the Beam family made a hockey rink Beam says, but it didn’t sit well with South Middleton Township authorities this year. In a letter to the family, the township engineer said the rink was a violation.

“A drainage easement is located on your property,” the letter noted. "By placing objects and fences that block the water, such as the skating rink constructed on your property, the amount of storage available is reduced, and the basin will not function as designed."

In an appeal, Beam told the engineer that the rink was a temporary structure, and he did not anticipate it would create a hazard.

“We have lived at this address for 14 years and have only had substantial water in that area 2-3 times; which was never during this time of year,” Beam said in a letter.

Fox News reached out to the township manager, who said the Board of Supervisors held two meetings to talk about the rink, inviting the Beams. Township Manager Cory Adams said the Beams were no-shows, but Terry Beam says he never received an invitation.

“We take storm water management very seriously here.” Adams said.

Adams told Fox News over the phone that township officials would be open to moving the rink to another part of the yard.

“It’s possible, but we’d have to get more information from them,” Adams said.

Beam said the current placement is the only flat surface of his lawn at their home southwest of Harrisburg. He said he will be taking it down even though his two boys are "devastated."

DemonGeminiX
03-14-2017, 11:19 AM
“A drainage easement is located on your property,”

:|

Goofy
03-14-2017, 11:31 AM
:|

Muddy
03-14-2017, 01:06 PM
Exactly.. What a crock of shit.. Mother fuckers...

Teh One Who Knocks
03-14-2017, 01:19 PM
Unfortunately, the city is well within their rights, no matter how asinine it sounds (see restrictions) :|


The Impact of Drainage Easements on Buying a Home


An easement is a legal right to use a parcel of land for a specific and limited purpose. The purpose of drainage easements is the orderly flow of water. Drainage easements impact homes through the restrictions imposed. The homeowner needs to identify the location of any drainage easement and abide by the limitations of use. In addition, the prospective owner of a home must be aware of the easement holder's right to maintain it.

Private/Public

Drainage easements fall into two categories, private and public. Private easements are generally created by developers of subdivisions. Their enforcement often falls to homeowner associations in planned developments. Developers create the easements to ensure the proper flow of water. Municipal governments use drainage easements to install pipes to divert storm water. This prevents large accumulations of water during thunderstorms. Both of these easements affect the homeowner by creating limitations on the use of the property subject to the easement.

Restrictions

A homeowner is not allowed to place any object in a drainage easement that is created for the free flow of water. This prevents the homeowner from placing a bench, shed or any type structure that blocks water flow. This affects how a homeowner plans his yard. The area designated as a drainage easement is off limits for any use other than growing grass and planting flowers. Drainage easements used for the sole purpose of underground pipes allow for fences, as long as the installation does not damage the pipes.

Maintenance

The easement's owner has the right to take reasonable steps to maintain the easement. This means the municipal government can dig up the storm pipes under the easement to repair or replace them. The government will normally repair any damage but the grass and flowers will take time to recover. This also means that anything in the way of digging up the easement will be removed including fencing. The new homeowner has to weigh the benefits of a fence against the risk of a clogged pipe on his land.

Obligation

The homeowner has the obligation to maintain the drainage easement. The grass must be cut and the area kept free of debris. Fallen tree limbs and accumulation of leaves obstruct the free flow of water. Grass clippings should be removed. In general, the drainage easement must be kept neat and clean.

Muddy
03-14-2017, 02:54 PM
It doesn't appear to impede the flow of water though... It looks like some dickhead is just abusing their power through technicalities..

Teh One Who Knocks
03-14-2017, 03:51 PM
I'm not siding with the city :lol: Just saying that according to the letter of the ordinance, they are in violation. That said, it's a temporary structure there for only a few months and I highly doubt that they would need emergency drainage in Pennsylvania during the winter time. Like you said, it's just someone being a dick because they can.

Muddy
03-14-2017, 04:25 PM
Somebodies mad because they weren't invited to the party.. :lol:

Teh One Who Knocks
03-14-2017, 04:55 PM
When you look at the ordinance concerning the drainage easement, it really is a load of shit. Here it is, your property that you paid for, but you can't do anything with it except grow grass or flowers, you must keep it neat and clean, and oh yeah, the city can come on your property and tear it all up if they have to.

DemonGeminiX
03-14-2017, 05:11 PM
It's pretty much the same at my place. We can't do anything with the area of the land that we own that they claim for drainage. The county put a big fucking drainage ditch in everybody's backyard all the way down the street. It's actually designed to carry the water away from the rich people's properties down by the river. So yeah, fuck us and our property, the rich people's properties are more important. They tried to tell us that we had to keep the ditch clear, but we were all so pissed about it that everybody on the street effected by it descended upon the county commissioners with a collective "fuck you" that they decided to create a part time maintenance crew to take care of it instead.