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Residents complain of repeated drainage encroachments; council pledges enforcement follow-up
Summary
Multiple Kenilworth residents told the council that neighbors filling drainage easements have caused repeated backyard flooding and property damage; the council said it would re-check code-enforcement dispositions, direct the zoning officer to reissue notices where appropriate, and explore stronger penalties or court options if violations persist.
During the public-comment portion of the April 15 Kenilworth Borough Council meeting, multiple residents described recurring flooding that they say began after neighbors filled drainage easements and installed pools, concrete and sheds, which has led to submerged yards and damaged sheds.
Joe Lastella, who identified his address and said the issue is in his backyard, told the council the problem began about 2½–3 years ago after a neighbor filled a drainage easement and installed a pool. "I've been getting ridiculous amounts of flood water ever since they've filled in that easement," Lastella said, describing a shed that has sunk and property damage.
Another resident, Alice of 10 Pembroke Drive, said she sent video evidence to the building department starting in 2023 and that a notice of violation was issued in February 2024 but the condition was not corrected. "They received a violation notice in February of 2024. Finally. The violations were clearly listed there. They didn't fix anything," she said.
Council members and staff acknowledged the long-running problem, discussed prior notices and municipal enforcement limits, and said they would follow up. The council directed staff to re-check the town's code-enforcement records, have the zoning officer reissue or follow up on notices of violation where appropriate, and consider enforcement options including municipal court and civil remedies. The council noted some water courses may fall under the state Department of Environmental Protection if they are regulated swales; DEP jurisdiction would affect enforcement options.
Residents urged stiffer penalties for repeated offenders, including daily fines, and raised the prospect of private litigation if municipal remedies fail. Borough officials said they would investigate whether prior court actions resulted in compliance and, if necessary, pursue repeated-violation penalties and additional steps.
What happens next: Borough staff said they will revisit enforcement records and issue notices or pursue municipal-court remedies where justified; residents were advised to preserve documentation and may seek private legal remedies for property damage.
Speakers quoted are drawn from the public-comment record and council remarks in the meeting transcript.
