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Drainage Board will not fix new subdivision issues




The Carroll County Drainage Board discussed at length a situation in Clay Township that has been worsening for several months. The Area Plan Commission approved a site plan map for Kingslund Hollow, located south of Pyrmont on CR 800W., in April 2018. APC members approved the preapplication with several requirements to be met.

Surveyor Don Shockley reported to the Drainage Board at a December 2018 meeting, developers and builders were unable to complete an approved drainage plan due to weather issues. However, he said some property owners who were near completion of their homes wanted to be able to move into them with the required certificate of occupancy, although the drainage was not finished.

Attorney Ted Johnson recommended that before the Drainage Board grant the request, a written agreement should be developed setting forth the conditions and limitations of the request. He said the parties involved should also be required to secure a bond for the amount it would cost the county to finish the drainage plans in the event the developers do not complete the work.

Shockley reported Nov. 18 that six lots in the subdivision have been sold. He said there was no drainage installed for the first four houses and no bond was ever secured. He said the houses are financed in such a way that does not require a certificate of comple- tion for a loan or for insurance.

Shockley said the drainage work was done in a manner not conducive to proper drainage. He explained the houses are built on concrete slabs with no crawl spaces. There are no defined ditches, no swale to direct water flow throughout the subdivision and no tiles were installed under the driveways. He said some houses are built higher than those across the private streets and when it rains, the water will drain into garages and onto other’s properties.

Developer Troy Cole, who presented the initial drainage plans for approval, said he has sold property for a portion of the subdivision and is ready to sell more. However, Cole reported APC is unwilling to issue building permits for the new homes because of the lack of compliance with the first part of the subdivision. Specifically, because the homes are being occupied with no certificates of completion. Cole said he is no longer involved with the property on which the first set of homes are located. He said the second set of homes should not be penalized because the builder for the first part of the development did not adhere to the conditions.

Commissioner and Drainage Board member Loren Hylton told Cole that he signed the first drainage plan and that makes him responsible. Johnson said there is nothing the county can do about the first homes built at this stage. He said when drainage problems arise, the homeowners will have to address the issues with the building or the developer, but not the county. He said if there are problems, the county will not resolve them.

Johnson said again there must be a performance bond with the developer or the builder in place before any work is started on the second set of homes.

The next Drainage Board meeting will be Dec. 16 at 11 a.m.

*A recorded video of this meeting can be found on YouTube on the “Debbie Lowe” channel.