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MikeS1
Posts: 521
Posted:
Re: Small Townhouse Lots - Many of the homeowners have created large patios in their fenced-in rear yards (approx 20x20); however, in some cases the entire back yard might be concrete or non-permeable surface which creates water problems in the common areas. This really isn't good for the environmentand it's ruining the common areas. Counties ofter restrict how much area (on a single family lot) that can be paved. I'm wondering if any of your communities have restricted Design guidelines to enable proper water runoff or absortion. We were thinking about setting guidelines that might restrict the owner from using all the land in the rear yard for non-permeable patios in hopes that we can manage the runnoff. Any ideas? Anyone else seen this problem.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
I have seen this issue and am wearing the T-shirt...It's hard to foresee water flow changes. Plus there are limits on putting solutions into place. We can't force someone to put gutters onto their home even though doing so would resolve a water flow problem. Plus this type of water issue only occurrs during rain conditions. It's usually a freak temporary flood condition. If it were a standing water issue that lasted a good bit of time, that has to be approached differently.

We had houses flood up to a few feet inside. I've had air conditioners go under water. We had 1 owner that had installed a sub-pump to prevent their home flooding. It is a REAL issue that is difficult to address. The HOA is really limited on where they can prevent/improve the conditions. There's a point where some conditions are the owner's responsibility. (I.E. Gutters, french drains, etc...)

The issue really needs to start at the APPROVAL process. Make sure the owner's have to go through an approval process BEFORE they can start the work. It's difficult to impossible to make changes if that isn't in place. It's important to talk to the neighbors next door to ask what their water problems are. I would request to observe a few days of rain incidents to see what may happen. A few days of observation and notes should help.

Make sure the member understands that they may be responsible for damages that occurr to the anyone els'e property if they are to do their project. Maybe have them sign a form acknowledging they are aware that their modification, if it were to cause damage isn't the HOA's responsibility. That may require a lawyer.

It's a difficult issue and no solid answers. It's just a temporary flooding problem that causes permanent results.

Former HOA President
MikeS1
Posts: 521
Posted:
Melissa-These are very small townhouse lots and it's not hard to foresee water flow changes when you're only dealing with 400 square feet. All of our homes have gutters and many of the homeowners have the downspouts connected to drain tile that terminates out on the common areas, when they should be terminating these into water gardens and turf areas on their own property. You make a lot of assumptions here that just are not true. This is not a freak flood condition. There is standing water in the common area because there is too much water being diverted from the yards that have literrally been turned into totally concrete slabs.

Yes, we're going to try to update our design guidelines so that it mitigates this problem. IE - recommend that the owner uses permeable pavers that are not set in mortar. We also might limit the non-permeable surfaces to 75-80% of the rear yard so that some of the runoff has a way to soak into the ground. No lawyere needed here. I think that there are answers here.

If I owned a single familty home in this county and I wanted to totally pave over my front and or back yard (single family lot or townhouse), they county would certainly not allow us to do this since there are zoning laws that prevent this from happening. It's not just an appearance issue. It also has to do with managing storm water.

I'm hoping to hear from other community leaders that might have some rules that address this issue. Thanks.
MikeS1
Posts: 521
Posted:
Melissa-These are very small townhouse lots and it's not hard to foresee water flow changes when you're only dealing with 400 square feet. All of our homes have gutters and many of the homeowners have the downspouts connected to drain tile that terminates out on the common areas, when they should be terminating these into water gardens and turf areas on their own property. You make a lot of assumptions here that just are not true. This is not a freak flood condition. There is standing water in the common area because there is too much water being diverted from the yards that have literrally been turned into totally concrete slabs.

Yes, we're going to try to update our design guidelines so that it mitigates this problem. IE - recommend that the owner uses permeable pavers that are not set in mortar. We also might limit the non-permeable surfaces to 75-80% of the rear yard so that some of the runoff has a way to soak into the ground. No lawyere needed here. I think that there are answers here.

If I owned a single familty home in this county and I wanted to totally pave over my front and or back yard (single family lot or townhouse), they county would certainly not allow us to do this since there are zoning laws that prevent this from happening. It's not just an appearance issue. It also has to do with managing storm water.

I'm hoping to hear from other community leaders that might have some rules that address this issue. Thanks.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
My HOA is small townhomes too. You didn't specify this was storm run off or long term standing water issues. I did state there was a difference in addressing the two of them. It is also not known if this is common area or individual's responsibility to maintain. Ours is shared common property. The HOA owns the property around the homes but the owner's own the house/lot the house sits on. So to address the issue, one must know and understand how your HOA is set up and the rules of landscaping. This is a landscaping issue and thus it needs to be known if the HOA is responsible for landscaping.

Don't appreciate the attitude when trying to give you some guidance on this issue. Sorry you don't like my advice but no one knows all the details involved in your situation. We have to make assumptions until details are clarified. Most water related issues are flood/standing water. However, each one has different distinct solutions in resolving them. Distinquishing the issue and cause is important. Run off water would indicate a temporary only when it rains situation. Standing water indicates a more symptomatic problem not necessarily involving just rain scenerio. Watering the lawn can cause a water standing/run-off situation. Best to understand the nature of the issue than just saying run-off.

Former HOA President
MikeS1
Posts: 521
Posted:
Don't take it personally. You jumped the gun and made some unnecessary assumptions, but thanks for your words.
TimB4 (Tennessee)
Posts: 21,046
Posted:
Mike,

Since I live in VA I know that the other issue is that the area appears to be made of clay. I think the only dirt in my back yard fell of the sod when the builder laid it out.

Because of this, I and many others, have installed drainage in our yards and funnel it out to the common area. Add this to the topology of our development, we are now facing erosion problems. Therefore, I understand your concern and willingness to try and stop the issue before it gets worse.

As Melissa pointed out, there are typically county codes addressing storm water runoff. Your development probably had to comply with something about it in the planning stages before getting permits. This could be the basis for any guidelines you wish to develop.

Here are some links that might be helpful:

Virginia Erosion and Sediment Control Handbook

Fairfax County Soils and Drainage webpage

Maintaining
Storm water Systems A Guidebook for Private Owners and Operators in Northern Virginia

MikeS1
Posts: 521
Posted:
Wow nice - Great stuff, great links, great info Tim.. as always. Thanks for the links. I guess that I'm more sensitive to this issue since I've been involved with the Water Advisory Group (WAG)(for 2 years) in FFx Co which was a partnership between residents and the county in an effort to try to clean up the water in our streams which runs into the watershed from which we get our drinking water. The county is going to retrofit our storm ponds with a more effective design and possibly install some rain gardens in the common areas - (Of course all of this is contingent on funding and budget). I've also been involved with stream cleanup efforts in this area with other citizens groups. In addition, I've been trying to work with our landscaper in an effort to improve our turf in the common areas. In some areas, this has been a challenge since the homeowners are diverting so much water onto the common grounds. In terms of a resolution, we know what needs to be done and we'll just have to try to control this whenever new applications for rear yard patios come our way. We are in the process of revising out Design Guidelines, so your information and other info that I've collected, will hopefully be incorporated into the plan. To my knowledge, the county does not require a permit for a grade level patio. We don't know of any county codes that address this issue, but we're looking into it.

I was just curious if any other folks (or communities) had tried to establish guidelines. IE Limiting non-permeable surfaces to a percentage of the area of the rear yard. ....Leaving areas like rain gardens or rain barrells to handle the water....recommending permeable paver systems in lieu of concrete and mortar or other non-permeable applications.

Granted, we're not going to be able to turn back the clock with existing patios, but we can try to control this in the future.

The water problem in the common areas is so bad, homeowners are now planting their own young willow trees in the common area on top of untility easements in an effort to try to get the trees to use the excess water. We all know that this will not fly.

Again - Thanks for the links Tim - Really appreciate it!
BradP (Kansas)
Posts: 2,640
Posted:
Mike

i can't speak for anyone other than ours but we have a master drainaige plan on our lots and the board has the responsibility to ensure that is not changed or interrupted. not sure how your covenants are but those improvements and stuff they put out back should have been reviewed by a board or committee. Your right, it isn't hard to predict water flow problems.
JamesC (Maryland)
Posts: 282
Posted:
Mike:

Our Guideline reads as follows: GUIDELINE NO. 5--Patios and Walkways

1. Applications are required for all patios and walkways per ARTICLE 6 of the Covenants.
2. All applications must include the following information:
A. A site plan showing the size and design of the patio or walkway.
B. Material to be used.
C. Relationship of the patio or walkway to the house and adjacent properties.
D. Any other information the applicant considers important.

3. The size of the patio shall be governed by its relationship to the size of the house and adjoining
property lines, and "MUST NOT EXCEED FIFTY (50) PERCENT OF THE LENGTH OF THE REAR YARD OR FIFTEEN (15)
FEET FROM THE REAR WALL, WHICHEVER IS LESS".

Sorry for the long read, but you mentioned revising your guidelines and thought the wording might be helpful.
(Especially # 3)

We have had unhappy homeowners beef a little with the restrictions on the size, but they can't be permitted to have the water runoff destroy the common areas of the Association.

Jim:
MikeS1
Posts: 521
Posted:
Thanks Brad and Jim. This is just the type of language that we were looking for. Jim - I take it that you're talking about single family lots?.. Is that correct? ..
JamesC (Maryland)
Posts: 282
Posted:
Quote:
Posted By MikeS1 on 11/17/2011 11:36 AM
Thanks Brad and Jim. This is just the type of language that we were looking for. Jim - I take it that you're talking about single family lots?.. Is that correct? ..

Mike:

No, we are a Private Community of 167 Townhomes. We permit decks to be no larger then '16 x '14. Patios can only take up half the yard, leaving the other half for grass. Having Decks along with a patio beneath is more then enough room for party times.

Works fine.

Jim:
BradP (Kansas)
Posts: 2,640
Posted:
Mike...correct, we are single family lots, 167 of them.
JamesC (Maryland)
Posts: 282
Posted:
Quote:
Posted By BradP on 11/18/2011 9:24 AM
Mike...correct, we are single family lots, 167 of them.

Brad:

Ironic you should have 167 single family homes while our Association, is comprised of 167 Townhomes. What are the chances???
Do your 167 single family homes guidelines have any written governance on patio, yard sizes?

Jim
BradP (Kansas)
Posts: 2,640
Posted:
Quote:
Posted By JamesC on 11/19/2011 7:27 AM
Posted By BradP on 11/18/2011 9:24 AM
Mike...correct, we are single family lots, 167 of them.


Brad:

Ironic you should have 167 single family homes while our Association, is comprised of 167 Townhomes. What are the chances???
Do your 167 single family homes guidelines have any written governance on patio, yard sizes?

Jim

No they don't...

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