Hernando approves grading ordinance

(MS) New ordinance hoped to control damaging drainage problem created by new developments. Story sent in by MS Homeowner w/flooding in yard. His builder is now bankrupt, and the new law comes too late to help him.

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By ROBERT LEE LONG
Community Editor
Published: Friday, February 5, 2010 10:21 AM CST
HERNANDO - Aldermen hope a newly passed soil erosion and grading ordinance will curb poor drainage problems caused by unchecked development.

Hernando city officials unanimously approved a grading, soil erosion, and sedimentation ordinance Tuesday after weeks of study and discussion about the need for such an ordinance that has lasted for years.

Among other things, the ordinance would require anyone disturbing land within the city to file a grading and erosion plan and pay an administrative fee of $100.

Those individuals found to be in violation of the ordinance would be subject to a fine of between $50 and $5,000 each day the site is in violation.

"It will give us control over grading of the lots which we don't have control over," Mayor Chip Johnson said. "I think it will help take care of some issues."

Ward 4 Alderman Jamie Tipton pointed out if a violation occurs and developers or builders don't correct the violation by the next working day it would be considered a reoccurring offense.

"It's got some teeth in it," Ward 3 Alderman Gary Higdon observed.

The ordinance, which is not retroactive, comes too late to help homeowners like Rick Stewart who lives in Fairway Woods.

Stewart said he has had standing water on his property for the past three years.

"The condition has not gotten any better," Stewart said. "I've asked for help repeatedly."

Stewart said an iron fence and wooden fence in his back yard are frequently under water.

Stewart complained that the city did not adopt a stormwater or erosion control ordinance sooner, when the opportunity first presented itself back in 2006.

"They've got a raging firestorm here," Stewart said, referring to stormwater and erosion issues.

Stewart and home builder Reeves Williams were involved in arbitration hearings in 2008, in which Stewart won 21 out of 35 claims, mostly involving construction issues.

However, in attempting to extend out his backyard, Reeves Williams filled in a natural drain at the bottom of a hill in back of Stewart's house.

Both Stewart and the builder could never agree on how many drains to put in the backyard. Stewart said the area needed three stormwater drains and the builder only wanted to put in one. The single drain was based on the recommendation of the engineer who designed the project. The two parties continued to disagree.

Reeves Williams has since filed bankruptcy and has gone out of business.

Stewart said when it rains during the spring and summer, the backyard becomes completely flooded. The flooded area becomes infested with mosquitoes and the backyard is filled with mud and slime.

A nearby ditch near a maintenance shed on the golf course property had been filled with old pesticide bottles and the debris has since been removed, according to Johnson.

Johnson said sand and sod are being placed along areas were erosion has occurred by another local developer, Lanier Hurdle with Wheeler Homes, LLC, which owns property adjacent to Stewart. Hurdle said the drainage problems existed long before Wheeler Homes bought property in the subdivision.

"Wheeler Homes did not develop that subdivision," Hurdle said. "We have the same problem he has with standing water."

Wheeler Homes bought two lots adjacent to Stewart in late August of 2008. One parcel has since been sold to another individual.

"I want to make it clear we are fixing a problem that was there when we bought the lots," Hurdle said. "There was a well-defined drainage way across the back of (Stewart's) lot. The problem was there when he (Stewart) bought his house."

Hurdle said Wheeler Homes has attempted to dress up the appearance of the drainage area and has attempted to smooth and level out rough areas along the ditch.

"We smoothed out a place where some old willows were and took out two dead trees," Hurdle said. "We have a plan to fix it (standing water problem), it's just been too wet."

Johnson also said Hurdle erected a proper silt fence.

"It was one of the best silt fences I've ever seen," Johnson said. "He (Hurdle) is making a good effort to make sure the water flows correctly."

City Enginer Joe Frank Lauderdale echoed Johnson. "Lanier did everything we asked him to do," Lauderdale said.

Johnson said, looking forward, the ordinance should help provide a degree of reassurance to residents that stormwater and grading issues will be properly addressed.

http://www.desototimes.com/articles/2010/02/06/news/local/doc4b6a1780532...