Homeowners Concerned About Passaic River Overflows

If you are a homeowner in Berkeley Heights lucky enough to have the Passaic River pass through or alongside your property, you are also cursed.

This is the conclusion of several residents after expressing their concerns about destructive flooding on their property from the Passaic River at the Town Council meeting on Tuesday night. 

Residents turned out to voice their concerns over an ordinance on the agenda to amend the township's code on flood damage prevention to include riparian zone protections. A riparian zone is interface between a land and a river or stream.

Despite the outcry, the ordinance extention passed unanimously.

"The overflow is a hazard at this point, I feel like putting up yellow tape around the stream because it's a danger," said disgusted homeowner Karen Bland who lives on Fawn Circle. "It's a shame because it's so beautiful."

Residents anywhere in New Jersey that live in a riparian zone against the Passaic River are bound by state mandates that protect the zones. The state seeks to "conserve the natural features important to land and water resources under the New Jersey Municipal Land Use Law," according to the ordinance.

There are specific elements of the mandate that prohibit the disturbance of the land in the zone regardless of whether it is on a homeowner's property. That means that residents are not allowed to repair enbankments or reroute the waterway, no matter how destructive the water can become.

"Even if I wanted to go and try to fix my property, because I am within the zone, I can get fined and do jail time," Bland said. "I am all for trying to protect that stream, but the onus cannot be on the homeowners alone that live along that stream."

Apparently there is not much respite homeowners can receive from thier municipality.  

According to borough attorney Joseph Sordillo, not passing the ordinance would have consequences for future building projects. 

"If we do not pass this ordinance, we will not get approval for waste water permits which then in turn would mean that we could not get any futher construction permits throughout the entire town," Sordillo said.

Municipal restrictions are cold comfort to homeowners who are looking for a way to suspend the flood waters that are causing damage and potentially impacting home values. 

"We feel like we are in a catch 22 situation here," said Fawn Circle resident Dave Rader. "Because it's town responsibility as far as water mangement goes and we don't feel like we have the ability to reduce the water levels and address the results of the volume of water."

Council members said they recognized the homeowners' plight.

"I am concerned that homeowners have no remedy," said council member Bob Woodruff

Woodruff asked borough engineer Robert Bocchino, who was in attendance, what he would reccomend to a resident who had issues with water overflow.

"I can take the application, but I would advise them to contact an engineer, come up with a recommendation and come up with prices," Bocchino said.

Council member Tom Pirone said that he was concerned that there was no guidance or assistance to homeowers living in a riparian zone "to even maintain their own property."

Mayor Bruno broke the circular discussion by saying that "we can talk for another two hours about this and remain in the same place," Bruno said. "The state does not want us to mess around with or change the banks of the river."