I'm surprized it hasn't already come up as an idea. Also make the developer pay for thier own defense, no BS that the town must cover that cost.
POint being is developers are looking for the cheapest land to build on and swamp land is the cheapest.
Home owners should get together and hire a good lawyer - one who doesn't reside in Lancaster ?
I would think if you/we and your/our neighbors banned together - got a good lawyer - you'd/we would have a good case.
I cant believe no one is or can be held responsible ! I believe the main reason we see such irresponsible actions from Town Hall and the builders is - No true repercussions.
They know they can just keep everyone talking ! They believe no one will take the legal route - you/we should seek an injunction to stop the building. Then sue those who built your house , approved the Creek reroutes and your builder. Your neighbors can all join in and sue for damages . Everyone effected by the building in , on or near wetlands and flood plains should be educated and informed.
Some sort of Tax Payers class action suit ! I heard and I have been researching a legal way to "Withhold Property taxes" It appears if that money is placed in a account - you can with hold payment - until concerns are met - legally !
I will pass on that info when I can verify that its "Factual , Accurate and Legal."
PS- I would gladly donate to the cause and join the suit.
PS-S If I don't post for a while - it just means our Town Board(Legal System) doesn't like what I just said !
#Dems play musical chairs + patronage and nepotism = entitlement !
I'm surprized it hasn't already come up as an idea. Also make the developer pay for thier own defense, no BS that the town must cover that cost.
POint being is developers are looking for the cheapest land to build on and swamp land is the cheapest.
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Re lawsuits:
I hate to rain on your parades about lawsuits, especially "class action" lawsuits, when you can't even get but a few vested homeowners to attend town board meetings to defend their challenges and opposition to a project or process.
Some are even squemish about signing a harmless petition.
The costs can be prohibitive.
The town has stated on numerous occasions that if they made waves by challenging developers, the developer would sue them. Tim Hortons is a good example of that and on how quickly the town baled in taking it to a hearing.
The town has been sued numerous times and unless the case goes to the Appellate Court in Rochester, the town wins. Go figure!
When the right policies and procedures are being follwed, residents shouldn't have to sue anyone. Unfortunately, and too often, homeowners and taxpayers find themselves as second class citizens in their own community.
here is an easy test for any prospective homeowner or buyer:
SIMPLY LOOK IN THE SUMP PUMP WELL
HOW MUCH WATER DO YOU SEE? IF ITS ALOT THEN YOUR WATER TABLE IS HIGH, YOUR PUMP IS GOING TO WORK HARD AND YOUR GOING TO BE SUSCEPTABLE TO FLOODING, SETTLING AND OTHER DANGERS.
HOW MUCH WATER DO YOU SEE? IF ITS LOW OR DRY THEN YOUR MOST LIKELY ON HIGH GROUND AND/OR IN A WELL DRAINED LOCATION. U MAY HAVE TO WATER YOUR LAWN MORE BUT YOUR SAFER FROM WATER RELATED DAMAGE.
its a common sense tip and it works, especially since many flood plane maps are out of date.
Though you most people will not like my advice regarding a home purchase but here it is. Buy a home built before WWII. Homes built before WWII have sqft that people are looking for, the quality and they were built to last forever.....homes built after WWII were built for returning GIs and were pretty much manufactured tobe cheap and affordable and small.
Oh and one other thing about Prewar homes....the structure has already settled and the land is stable and everything that you need to know about the land and the house (like flooding) has already happened and is already known.
If you dont want to buy a PreWWII home then I would recommend finding an empty lot and infill. You will get the same benefits of stable land, etc with alot less risk.
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