Planning commission approves Nadin Bush Pines Phase 3 final plat with $60,699 surety

The Berkeley County Planning Commission on July 15 approved the final plat for Nadin Bush Pines Phase 3 on the condition the developer post a $60,699.60 surety and sign a developer agreement. The action followed resident testimony about stormwater and stabilization issues in Phases 1 and 2 and staff and MS4 (municipal separate storm sewer system) inspection findings.

Staff recommended reconsideration and approval contingent on the surety after county stormwater staff and the developer reported most issues had been addressed. The staff report said the phase 3 final plat proposes nine single‑family lots on approximately 3.31 acres to be served by public water and sewer and tied to prior files (2506‑179 and 2412‑399).

Why it matters: commissioners said unresolved stabilization and conveyance problems in earlier phases affect when bonds can be reduced or released and whether detention basins can be converted from sediment basins to biodetention ponds.

Residents renewed concerns during the public hearing. Robert Wickham, a resident of 33 Briarcrest Circle, said cleanup of culverts and seeding were delayed and that stagnant water remained near several homes. “There’s every bit of a 50‑foot length of stagnant water that’s an inch and a half to 2 inches deep,” Wickham said, and said he and neighbors had not been contacted by the HOA manager the developer said had been retained.

Developer representative Trevor Lloyd of ILA/Highlight Properties told the commission the builder reseeded roadside ditches and addressed items in the MS4 inspection; he said the MS4 crew recently gave them “a grade of A on our erosion and sediment controls, silt fence, garbage cleanup.” Lloyd said a professional HOA management company took over effective July 1 and that the developer considers its obligations met and was seeking approval of Phase 3.

Staff and county engineering clarified the process for bond reductions: a developer must obtain an area reduction or notice of termination from the West Virginia Department of Environmental Protection (DEP) after stabilization and then apply to county staff for bond reduction. County staff said existing bonds for phases 1 and 2 total $330,684 and $182,960.70 respectively, and that as‑builts must be submitted before any bond reductions can be considered. Staff recommended approval contingent on the $60,699.60 surety to be released upon receipt of as‑builts and the developer agreement.

Action: Commissioner Gantz moved to accept staff recommendation; Commissioner Bush seconded. The motion carried.

Next steps: staff will require the surety and developer agreement and will review as‑builts and DEP determinations before any future bond reductions.