York County Gravity/Force Main Sewer Project
Several years ago, the York County Engineering Department completed a Wastewater Collection System Study in the northwestern area of the County. The results of this Study indicated that additional wastewater collection system infrastructure must be constructed in order to continue to provide service to the County’s current and future customers. One of the Projects identified is the New Heritage Wastewater Pump Station, Gravity Sewer, and Force Main Project. This Project will allow the County to remove five existing wastewater pump stations from service by constructing one new pump station along Convention Drive near the intersection of Convention Drive and Starlight Drive. The Project also requires the installation of a new underground sewer pipeline to be constructed from the new pump station to the County’s existing Steele Creek Wastewater Pump Station located just west of US HWY 21 Bypass near the Knights Baseball Stadium.
The Advisory Committee was notified of the project in April of 2010 and began negotions with Telics and York County for compensation of affected common areas. There are three types of requests for this project:
Fee simple [Property deed transfer] --Tract 1
TCE [Temporary Construction Easement] --Tract 8,9
SSE [Sanitary Sewer Easement (permanent)] --Tract 8,9
The Advisory Committee also had concerns related to the project including but not limited to: construction times, traffic control, aesthetics, runoff, odor control, maintenance and long-term impact. Over the last two years, the parties have negotiated to come to a mutally acceptable agreement. The Board of Directors in cooperation with the Advisory Committee have come to agreement with Telics and York County on terms and compensation:
$10,000 for the three tracts owned by the Association (Tracts 1, 8, and 9)
In addition, the Committee stipulates the following as part of the final agreement:
1. Hours of Work: Contractor work hours shall be from 8:00 AM to 9:00 PM, Monday through Friday or appropriately as not to interfere with or impede traffic during peak school hours.
2. The contractor(s) retained by the County shall be responsible for cleanup, debris removal, and maintaining silt fencing as well as keeping roads clean.
3. Replacement of sidewalk will only be for existing sidewalk areas disturbed during performance of the project. This should be specifically included in the Easement Agreements executed in relation to the project.
4. The County will control traffic ingress/egress and at no time will traffic be blocked on roads in Regal Manor. Traffic may be reduced to one lane, but will not be closed off. Individual driveways may be blocked, but this will be coordinated with the property owners prior to being blocked. This should be specifically included in the Easement Agreements executed in relation to the project.
5. As to Tract 1 and the screening of the planned pump station:
a. Fence. The County will install appropriate fencing. The Association’s Architectural Committee will concede approval of the fence and location, but will be allowed to comment on the design at the County’s public meeting.
b. Trees. The County will provide and install a landscape screen that will consist of a mix of evergreen trees and will be planted to eliminate or nearly eliminate the view of the pump station from the public streets and from any Lots in the neighborhood.
6. The County has agreed to allow the Association to sod the unpaved areas disturbed during construction, and the Association concedes that trees and shrubs will not be replanted in the permanent easement areas. However, trees and shrubs removed from the temporary easement areas should be replaced.
7. The County has agreed to install three, 3” capped conduit which should extend at least 2’ on each side of the road at the following entrance locations:
a. Wisteria Walk Way @ Starlight Dr.
b. Balmoral Lane @ Starlight Dr.
c. A.O. Jones @ Starlight Dr.
d. Morel Ave. @ Farmhouse Dr.
e. Laurent Ave. @ Farmhouse Dr.
8. The Association requests a list of contractor(s) and affiliated county project representatives and their contact information. This should include a 24/7 resource in case of emergency.
9. The Association requests estimated project timeline and schedules.
Tract 1: Is part of a larger parcel of property owned by the Association that borders Stanton Heights. The County needs to purchase a small portion of the land to erect the new sewer pump station. This station will replace the existing station on Convention Dr. and will be roughly located behind it in the valley(see the engineering documents below for more details). Therefore, a subdivision and deed transfer of this property is required.
Tract 8 and 9: These tracts will be used to bury the new 20" force-main pipeline. York County is requesting a temporary construction easement and a permanent sanitary sewer easement along these segments. This means there will be restrictions on the use and development of these areas including the types of landscaping that can be used. These tracts are located on the southern side of Starlight Dr. and run from Convention Dr. to A.O. Jones Blvd.
Tract 14: This tract is the property located on Farmhouse Dr. that runs along the back of Baden Village. This tract was initially negotiated as part of the Association's property. However, it belongs to the developer and was subsequently removed from the offer. Although settlement terms were not disclosed, we do know that York County will replace the trees with crepe myrtles. Since the pipeline will run along that area, trees will be forbidden. Shrubs are permitted and crepe myrtles fall into that classification.
In accordance with the Regal Manor CCRs...
Section 12.4: Limitations on Association's Actions: The following provisions apply in addition to and not in lieu of the foregoing. Unless at least sixty-seven percent (67%) of the first mortgagees or the Members representing at least sixty-seven percent (67%) of the total Association vote entitled to be cast thereon consent, the Association shall not:
(a) by act or omission seek to abandon, partition, subdivide, encumber, sell, convey, or transfer all or any portion of the real property comprising the Common Property of the Association, directly or indirectly (the granting of easements for public utilities or other similar purposes consistent with the intended use of the Common Property shall not be deemed a transfer within the meaning of this subsection);
...the Members of the Association must approve the fee-simple portion of this proposed agreement. Therefore, on March 30th, 2012 at 6:30pm the Members were called to vote upon this measure. As mentioned in the rule above, the granting of easements for public utilities does NOT require the Members to approve.
We are pleased to report voting resulted in an overwhelming support to approve conveyance of Common property aka as “Tract” 1 to the County of York.
The final vote was tallied as follows:
Total Votes required to Approve Conveyance: 523
Total Votes Cast by Owners: 167
Total Votes Approving Project by Owners: 142
Total Votes Disapproving Project by Owners: 25
Total Votes Cast by Declarant/Builders: 245 (Lots) x 3 Votes = 735 (Note- Class B Members are allowed 3 votes for each lot owned)
Total Votes Approving Deed Conveyance: 877
Easment Terms by Property Tract YCE 07-014 T.1 Title to Real Estate Corp-1 YCE 07014 T8 Permanent Utility Easement-1 YCE 07014 T.9 Permanent Utility Easement-1
We have not been given a definitive construction start date at this time. However, it is projected the project will begin in Summer 2013 and last 12-18 months. We will post more information as it becomes available.