Over the past few years, residents of West Shores at New Milford, a development located near Bayhealth Sussex Campus, have complained of flooding in their neighborhood. After working with the City of Milford and the Sussex Conservation District (SCD), it was determined that the issue was a failed infiltration stormwater management pond on the far eastern corner of the development. As a result, the city, SCD and DNREC determined the pond should be replaced with an outfall pipe that would discharge into the existing roadside swale along Cedar Creek Road (SR 30).
“They’re going to convert it from an infiltration pond to a traditional outfall pond, and that outfall will be constructed along the northern edge of Mattlind Estates in their open space with an easement dedicated to the city,” Rob Pierce, City Planner, said. “The development granted perpetual non-exclusive easement to the City of Milford; the background is we’ve met with the homeowner’s association for Mattlind Estates to help mediate as a solution for the developer of West Shores. There’s correspondence in the packet material acknowledging our time to allow the stormwater pipe within our easement area.”
Pierce also stated that the agreement council would approve also included conditions placed on the developer.
“It is important to note that we would require this to be conditioned that the developer provide confirmation funding for the existing or outstanding improvements within the development, including topcoat and some pavement or curbing repairs that are required to be made,” Pierce said. “So again, this is to help mediate a solution for a failed stormwater pond. Sussex Conservation District has been involved all along with DNREC, the developer and the City of Milford.”
Councilwoman Katrina Wilson asked what an outfall was as she was unfamiliar with the term.
“So that’s the opening for which the storm water discharges to another body. So, the outfall is going to be just a pipe opening with some kind of riprap that kind of slows the water down, so it doesn’t erode,” Pierce said. “But it will be properly constructed and designed to meet DNREC and SCD standards. So, the typical stormwater pond outfalls to a creek or tidal body or other drainage feature. All of our stormwater drains have an outfall unless it’s an infiltration pond for which it’s anticipated that it’s going to infiltrate into the sandy soils. This one failed for some reason and can no longer act as a percolator or filter down or infiltrate down through the soil. So, they had to come up with an alternate solution, which was to discharge it to the drainage feature on our property. In order to get there, they have to go through an easement that’s owned by the city, we don’t want to own the utility. So therefore, the license agreement would allow them to install it. And then the developer and the HOA in the future will have to maintain that piping within our easement area.”
Mayor Archie Campbell thanked Pierce for the work, stating it was a problem the city had been working on for more than two years. Councilman Andy Fulton asked if the city was responsible for repairs to the ground that would be disturbed when the pipe was installed. Pierce stated that the developer would be required to return the easement to its current form, including seeding, stabilizing and grading.
Council approved the request with the condition that the developer confirm their performance bond was still in effect or that they provide a new bond that would allow them to complete streets, curbing and sidewalk as well as properly sodding open space within the development. The measure passed unanimously.
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