City of Palm Coast – Shortcuts On Storm Water Drainage Approvals?

 FLORIDA  

Opinion by:  
E. Eugene Webb PhD

If you live in the City of Palm Coast, FL on Florida’s East Coast or are having a new home constructed there you probably have an open storm water drainage swale in front of your home and open drainage easements on each side of your lot.

I recently took possession of a newly constructed home in Palm Coast and there was another new home (different builder) being constructed on the lot next to ours.

As the home next door was being completed, the final grading left a tall berm across the back yard and some low spots next to the drainage easement between the lots.

I contacted the City of Palm Coast and requested an additional inspection of the drainage, and the results of that request are shown below.

How did the City of Palm Coast, Florida Storm Water Inspection get from this:

ROW - DRAINAGE  4/10/2023      PARTIALLY APPROVED  RGROSS

Note: Yes. The berm does need removed and the area in the rear of the berm needs fill so that all the stormwater in the rear is directed to the front of the house. Adams home is aware and having it regraded. Work scheduled on 4/12/23 See if Adams needs to move the Berm across the middle of the lot to the rear to prevent flooding the rear or side neighbors.

To This?

ROW - DRAINAGE  6/5/2023         APPROVED - AS NOTED RGROSS

Note : CITIZEN CONTACTED ON 6/2/23 AFTER STORMWATER FINAL INSPECTION STATING THAT ISSUES HAD NOT BEEN RESOLVED-PLEASE RE-INSPECT per JMyers After a long site meet with neighbor over his concerns. There are some flat areas on the right rear side that was not raised up as much as the left side near the fence line. Per homeowner, after the last hard rain event, there was some standing water that percolated within hours after the storm passed. So, while the grade is not ideal, it does meet the minimum standard and there does not appear to be any threat of flooding to any surrounding houses and the Final Survey indicates that the water will flow forward before flooding any neighbors. Therefore, this is being approved As-noted. Any questions please feel free to contact Robert Gross at 386-986-5071.

If you want to see the entire Inspection History, Click here: Permit 2022040130.

The builder made a number of attempts to fix the problem. As you will see if you click the link above, they are reported in additional site inspections but none of those repairs resulted in a total resolution of the problems or approval of the drainage plan.

In June, the original inspector reappeared at the site, spoke with me, and then came to the conclusions listed in the inspection report as shown above.

(B) B. Land Development Code Technical Manual, Section 300.01 (A)(1)(C)(6)

(6) Identify how the rear yard will be drained.  The rear yard is required to drain to the front yard swale, unless the Topographic Survey/Lot Grading Plan demonstrates a rear yard drainage system with an appropriate outfall.  Flooding or draining onto adjacent properties will not be allowed.

As you can see from the citation above from the City of Palm Coast Development Code Technical Manual the Section related to how a rear yard will be drained states: Flooding or draining onto adjacent properties will not be allowed.

From the Inspection History:

“So, while the grade is not ideal, it does meet the minimum standard and there does not appear to be any threat of flooding to any surrounding houses and the Final Survey indicates that the water will flow forward before flooding any neighbors.”

There are no minimum standards defined in Section 300.01 (A)(1)(C)(6). The standard is “.  Flooding or draining onto adjacent properties will not be allowed.” There is no allowance in this section for the grade being “not Ideal” as a condition for approval.

Recent rain events have left standing water in the drainage easement and puddling back over onto my lot and there is absolutely no justification for the inspector’s comment: “there does not appear to be any threat of flooding to any surrounding houses.”

The CO for this home was issued in a matter of hours after this inspection report was filed, the home was listed and sold and closed within three or four days.

The questions are:

1.    Why was this grading approved when there had been puddling and flooding seen on an adjacent lot?

2.    Why was the sudden characteristic of the grating not being “ideal” and “acceptable” criteria for an approval of the grading on the lot?

As buyers of new homes in Palm Coast, we must be able to rely on the City’s inspection process to ensure that builders meet the requirements as defined in the building codes. If it is common practice in the City of Palm Coast for inspectors to be able to interpret the codes as codified, then one has to wonder what may be behind those walls that are now covered up with drywall?

Given the amount of building that's going on in the city of Palm Coast and the surrounding areas it appears to be time for the Palm Coast City administration to take a hard look at their Stormwater Inspection department and building inspection in general to make sure that everybody is following the same rules.

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