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Norwalk council approves Hackney Hills final plat but with permit hold on lots draining to failed wall
Summary
After debate over a failed retaining wall and sediment leaving the site, the Norwalk City Council approved the final plat for Hackney Hills Plat 1 (68 townhomes) but amended the approval to withhold building permits for Lots 21–64 until the retaining wall and detention pond are repaired and inspected by the city.
The Norwalk City Council on Sept. 18 approved the final plat for Hackney Hills Plat 1 — a planned unit development that includes 68 townhomes and a public street (Welch Avenue) — but added a condition to prevent building permits on lots that drain to a detention pond until a privately owned retaining wall is repaired and inspected by city staff.
Planner Luke told the council the Hackney Hills preliminary plan and site approvals date from 2022–24 and that the plat brought forward public infrastructure for acceptance while private improvements remain under the developer's control. Jennifer Ellison of Jerry's Homes told the council the retaining wall adjacent to Outlot X had a vertical fracture; she said the company has a plan and expects repairs within "30 to 40 days depending on weather." Ellison asked the council to allow plat approval so the developer could begin conduit and other work scheduled with utility providers, noting MidAmerican Energy schedules can add roughly five weeks to their timeline.
Multiple council members said they were uncomfortable approving acceptance of public infrastructure given the failed private wall and the risk of sediment flowing into Lake Colchester. Civil engineer Melissa Hills said repeated July rain events caused silt-fence failures across many construction sites but that sites are being stabilized and sediment controls have been replaced. Staff said there are mechanisms to withhold building or occupancy permits if private improvements are not complete.
To balance timing pressures cited by the developer with local stormwater concerns, the council voted to approve the final plat with an amendment: Lots 21 through 64 (the red-boxed area draining to the affected detention pond) cannot receive building permits until the retaining wall and associated detention controls are repaired and have passed city inspection. The motion to approve with that condition was moved by Council member Baker and seconded by Council member Brown; the roll call showed Brown, Cool, Meineke and Baker voting yes and Livingston voting no.
The action allows the city to accept public infrastructure while using permit controls as an enforcement mechanism to ensure repairs are made before construction on affected lots proceeds. Jennifer Ellison said Jerry's Homes would provide documentation and photos once repairs are complete and was agreeable to a process for staff confirmation before permits are issued.
The council's condition will be enforced through the building-permit process; staff said they will not issue building permits for Lots 21'64 until inspections confirm the retaining wall and detention pond issues are resolved. The council will not revisit the plat approval itself unless the developer requests changes or fails to meet the stated conditions.
