Greenfield Place Storm Sewer Repair Project
Frequently Asked Questions
At the December 9, 2008 Public Meeting regarding the Greenfield Place Storm Sewer Repair Project, the District received over 200 questions and attempted to answer as many of them as possible at that meeting. The District Board also agreed to post answers to questions on the District's website. Due to the large volume, it is not feasible to answer every individual question. We have attempted to summarize the questions and group them into eight categories in order of frequency of questions. The following "frequently asked questions" summary consolidates those questions into a manageable, easy to understand "FAQ".
Responsibility
Q. Who is responsible for the problem and why aren't they paying for the repairs?
The "cause" of the problem is unknown. The cause could be from improper installation, defective materials, or both, or neither. As such, the District does not know who is "responsible" for the problem. Because of the District's limited funds and the need to repair the problem as quickly as possible, the District Board has decided that it will not pursue any legal action for the purposes of assigning responsibility. Also, the District does not have legal standing to bring a lawsuit against any of the potential parties that may have caused the pipe to fail.
Q. Why isn't the developer, developer's engineer, pipe manufacturer, insurer, Warren County, or Deerfield Township responsible for the repair?
The developer's bond for the construction work has expired. The company (ADS, Inc.) that bought the original manufacturer of the existing pipe (Hancor) has offered to replace 1,000 feet of pipe with their current storm sewer pipe for free. The current manufacturer (ADS) has stated that its current pipe is greatly improved and, if installed properly, will have a lifetime warranty. The Warren County Commissioners have told the District that the County has no responsibility for repairing the failed pipes. The County believes that these pipes are located on private property and thus, the County is not willing to perform repairs on them. The County has indicated that if the County did have the authority to perform the repair, all of the costs would be assessed to the benefiting homeowners. Deerfield Township also has concluded that the Township has no responsibility for making repairs on private property.
Q. Why must the residents pay for a mess that they did not create?
The District is only assessing those properties that benefit from the project. The Deerfield Regional Stormwater District was not in existence at the time of the installation of these pipes. As such, it had no oversight or role of any kind with respect to this subdivision and the construction related to it. Nor does the District have any responsibility to make the repairs. The District feels it is in a position of being the last resort for fixing the problem and no action on its part constitutes a high likelihood that the problem will be left unresolved, continue to worsen, and cost even more in the future to fix. As such, the District Board has agreed to contribute funds toward the project to help fix this serious problem.
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Cause of the Problem
Q. Why did the pipes fail?
It is unknown why the pipes failed. As the materials are removed as part of the replacement project, sections of the existing pipe will be sent to an independent lab for testing as to compliance with AASHTO standards at the time of installation. Depending on the results, the exact cause may or may not be discovered.
Q. Are there other similar problems in the Township?
When investigating the current sink holes, remote cameras were used to televise the 1,000 feet of pipe that is being replaced as well as additional storm sewer pipes in the general vicinity. Of the pipe that was inspected, only the 1,000 feet being replaced was observed to be failing. We are aware however, of a similar situation in Union Township in the Riverwalk subdivision where a 48-inch HDPE Hancor pipe failed and a resulting sinkhole formed. In that situation, we understand that the property owner paid for the entire repair because no other entity, such as the District, was willing or able to do so.
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Benefit to Property
Q. How does "my" property benefit from this project?
A professional appraiser specializing in these types of projects was hired to determine the area of benefit. The appraiser identified properties that reside in two general categories. The first are those properties from which storm water flows through the pipes that are being replaced. The second category consists of those properties from which water flows into the same retention pond as the water flowing through the pipes that have failed. Thus, all of the properties that contribute storm water runoff to this retention pond are within a watershed area that benefits by the proper functioning of the storm water system and this project.
Q. Why are benefits assessed as equal for every parcel?
According to the appraiser, each property benefits equally because if the storm sewer system is not functioning properly, eventually flooding may affect any of the benefiting properties. Because the project is a part of a larger system serving the watershed, every property within that watershed benefits equally and each should bear equally the costs of any repairs to keep the system 100% operational.
Q. What is the recourse if we think we don't benefit?
When property owners receive the letter from the District stating the amount of the estimated assessment, each property owner will have 28 days to object to that assessment. To change the amount of the assessment, a property owner would need to present evidence that contradicts the appraiser's opinion that the property benefits by the project. An Equalization Board, consisting of three disinterested residents of the District, would then weigh the evidence presented by the property owner and the District's appraiser to determine whether the property does, indeed, benefit by the project.
Q. Why doesn't Natorp have to pay more since they contribute more runoff water?
Each parcel of property within the watershed is assessed equally. In fact, only a portion of the Natorp property drains into the watershed. The property that does drain consists primarily of orchard fields and probably does not contribute any more runoff water than properties with significant impervious surface such as homes and driveways.
Q. Why aren't homeowners across Butler Warren Road considered to be benefiting?
The homeowners (or property owners) across Butler Warren Road may benefit from the project. However, they are not located within the District. The District is not permitted under Ohio law to assess properties that are not located within the District.
Q. Should the assessment for properties located along the border of the assessment area be reduced if not all of the storm water runoff from the property flows into the watershed?
According to the appraiser, all of the properties that contribute storm water runoff to the retention pond located directly downstream of the pipe failures receive an equal benefit by the proper functioning of the storm water system and this project and each should bear equally the costs.
Q. Can property owners on a fixed income receive consideration for a reduced assessment amount?
Assessments are levied against properties which receive a benefit from the project. Assessments are not levied against property owners and therefore are not based upon the financial or economic status of the owner of the property.
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Special Assessment
Q. Why not assess all properties in the County, Township, and District?
The professional appraiser hired by the District's legal counsel defined the area that benefits by the project (see Section 3 above).
Q. Why can't the District cover 100% of the cost of the project?
The District Board has agreed to contribute one-half of the project costs, up to $200,000. However, the District does not have sufficient funds to pay for 100% of the costs of the many projects requested by its residents. The District has received approximately 30 requests for assistance for other projects. It is the policy of the District Board to keep the District fee as competitive as possible but yet sufficient enough to allow District contribution of funds toward other projects.
Q. How would a similar project be handled elsewhere in the unincorporated areas of the County?
According to the Warren County Commissioners, the County does not have legal authority nor responsibility to undertake such a project and spend public monies on private property. However, if the County would coordinate such a repair project, it would be its position that the property owners that benefit by the project would pay 100% of the cost of the project. The Deerfield Regional Stormwater District Board is only asking for one-half of the cost of the project to be paid by the benefiting property owners.
Q. How can residents be "forced" to be financially responsible when the problem was the "fault" of other parties?
The District is uncertain whether it will ever be able to determine the cause of the pipe failure. Even if the District did determine the cause, it does not have legal standing to bring a lawsuit against any party that may have been at fault. Under Ohio law, the District may levy a special assessment against any property owners that benefit by a District project.
Q. What is the cost to each resident?
Each parcel that benefits by the project will pay an equal share of the total cost of the project, which will be finalized following construction. However, it is presently estimated that each parcel will be assessed $578.97 (plus interest if the extended payment option is chosen).
Q. What are the options for paying the assessment?
The property owners will have the option of paying the assessment in full, or paying the assessment over time, plus interest. The term and interest rate will correspond to the loan that the District will use to finance the construction of the project. The loan term is expected to be five to ten years.
Q. What if we don't pay the assessment?
The assessment will be certified to the Warren County Auditor. A special assessment is a lien against the property and is collected in the same manner as real estate taxes. Non-payment is the equivalent of non-payment of taxes and similar consequences will result.
Q. Why can't the District use money from the Greenfield Place Homeowners Association first?
The Greenfield Place Homeowners Association has stated that its internal operating rules prevent the use of Association funds for such a project. Any homeowners association that owns a parcel which will benefit from the project will be assessed the same as other benefiting parcels.
Q. Why don't Greenfield Place property owners pay a larger percent?
The appraiser hired by the District determined that all of the properties that benefit by the project should pay an equal share. (See Section 3 above).
Q. Does this special assessment set a precedent for the District to be responsible for other private property issues?
The District has already determined that it will assist with certain types of stormwater projects that may be located on private property. However, the District is not "responsible" for such projects. The financing for each project will be evaluated on a case by case basis and it is our policy that there will be cost sharing by the property owners benefiting by the project.
Q. How is "ownership of stormwater infrastructure" determined?
Ownership of the stormwater infrastructure located outside of the public right-of-way within Greenfield Place and other subdivisions within the Township is unclear. The subdivision record plat states that the County is not responsible for the maintenance of this infrastructure and that the individual property owners are responsible.
Q. Can the cost be spread over a longer term such as 30 years?
The cost could, theoretically, be spread over a 30 year period. However, that would include 30 years of interest that many property owners would not prefer, given the amount of the assessment.
Q. What happens if the problem repeats?
The District expects to receive a lifetime warranty on the pipe material used for this project that will provide protection, to some degree, for as long as the company providing the warranty is in existence. However, if a similar project were necessary and the District performed the repairs, those properties that benefit from the project could be assessed, unless some policy shift were adopted by a future District Board.
Q. Why wasn't Chestnut Oaks notified earlier?
The residents of Greenfield Place brought the project to the attention of the District. The District's attorney hired a professional appraiser to determine the area that benefits by the project. That report was not finalized until October of 2008 and thus, the area of benefiting properties was not known for certain until that time. Once that information was known, a notice was sent to all of the benefiting property owners and the December 9, 2008 public information meeting was held.
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Details about Repair Project
Q. How is the repair going to specifically benefit the impacted subdivisions?
The repairs help to insure that the larger stormwater conveyance system is functioning properly as designed. When the system does not work as designed, flooding can cause damage and the project benefits these properties by avoiding such problems and the associated costs.
Q. Can we put off the repair to a later date?
The sink holes that have formed as a result of the pipe failures present a significant safety concern and the District believes that any further delay of the repair would not be prudent.
Q. Who is going to manage the project and insure that costs stay within the estimate?
The project will be managed by the District's engineer, CDM, Inc. CDM will be providing oversight and inspection during construction and attempt to manage project costs to within industry accepted standards.
Q. Will landscaping and fences in the construction area be repaired to pre-construction condition?
Any landscaping or fencing located within the existing stormwater easement was placed there in violation of the subdivision record plat. Thus, such landscaping and fencing will not be replaced. However, the District will make every attempt to avoid the disturbance of landscaping or fencing wherever possible. The District will also be acquiring additional temporary construction easements that are located outside of the existing easement. Fencing and landscaping within those areas will be replaced.
Q. Will the retention pond need to be dredged sooner due to the project, and if so, who will pay for this?
This project will eliminate the sinkholes which allow additional materials to wash through the pipe system to the retention pond. Thus, the project should help delay the need for dredging. The internal operating rules of the Greenfield Place Homeowners Association should address or identify the entity(ies) responsible for operation and maintenance of the retention pond.
Q. When will the project start and how long will it take?
The District hopes to begin construction in early spring and anticipates that construction will last approximately twelve weeks.
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Pipe Failure Details
Q. What is the existing pipe made of and why did it collapse?
The existing pipe that has failed is made of HDPE (High Density Polyethylene or plastic) and the reason for the failure is unknown at this time.
Q. What material will be used for the replacement pipe and will it be the same size?
While the new pipe will be the same size, it will not necessarily be the same material. The District Board is still evaluating whether to use a reinforced concrete pipe or a different type of HDPE pipe. The company that now owns the manufacturer of the existing pipe has offered to donate to the District the entire 1,000 feet of pipe for this project. The District engineer estimates that that donation would represent approximately $100,000.00 in cost savings versus the reinforced concrete pipe option.
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Legal Questions
Q. Will the District provide due process to the property owners before the assessment will be in place?
The District will be following the special assessment procedure in Chapter 6119 of the Ohio Revised Code, which includes due process. Once the District adopts a "Resolution of Necessity", which begins the process, property owners will be sent a letter that notifies each property owner of the adoption of that resolution and the estimated assessment amount. Property owners will have 28 days to object to the amount of the estimated assessment. If a property owner objects to the amount of the assessment, the property owner will need to present evidence that contradicts the District appraiser's opinion that the property in question benefits.
Q. Is the District considering a lawsuit against anyone who may be responsible for this problem, including a class action suit?
The District has no plans to file any type of lawsuit to recover damages for the pipe failure. The District does not have legal standing to file such a suit. Any residents who wish to file such a suit should consult their legal counsel.
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General Funding Issues
Q. How will the District be financing the construction of the project?
The District Board plans to obtain a loan to pay for the construction, engineering and other related project costs. This loan will most likely be obtained from the Ohio Water Development Authority, an agency of the State of Ohio. The loan term will most likely be five or ten years, but will not be finalized until additional discussions with the lender have been completed.
Q. Why doesn't the Board increase the District fee so that it can pay for the entire project?
The District Board has tried to find a balance that allows the fee to be as competitive as possible. The current fee provides adequate funding for day to day operations, to address EPA unfunded mandates, and allows the District to participate in a limited number of projects through the year. In an effort to keep the fee competitive, the District will be asking those property owners benefiting by the individual projects to contribute funds toward the project.
Q. Could this project receive funding from the infrastructure stimulus package being debated?
The parameters of the infrastructure stimulus package are unknown at this time. Also unknown are the timeframes for the availability of funds.
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Kings Mills, OH 45034