Commissioners on the Elkhart County Board voted Dec. 15 to accept a 40-foot right-of-way dedication needed to record the plat for Rock Pointe Second, a six-lot subdivision east of County Road 29, despite public testimony that raw sewage flows through a drainage tile that crosses the site.

Chris Shetler, a neighbor of the proposed subdivision, told commissioners he has documented raw sewage discharging into a ditch that flows through his property and said earlier county tests confirmed human bacteria. "I'm here today to ask the commissioners to withhold the approval of this subdivision until this raw sewage issue is resolved," Shetler said during the public hearing. He said the county and the developer knew of the problem for years and raised concerns about potential illness among children.

Melanie Sizemore of the Elkhart County Health Department said the department has been conducting dye testing and camera inspections but has been unable to complete testing on all properties because some homeowners will not permit entry. "We are aware of these circumstances, and we're working on it," Sizemore said, adding that resolving the source could require court orders and may take a year or more. She said tests so far have identified human bacteria and that dye testing can take about a week per property to trace a source.

Plan director (recorded in the transcript as) May Crater told the board that the new development "does not create or further hinder" the off-site sewage issue and that septic-site and health concerns fall under the health department's jurisdiction. Developer Tim Sailor of Innovative Communities said Rock Pointe Phase 2 is downstream of the known problem and that upstream failing septic systems on other properties appear to be the source. "This has been a problem that has been known for many, many years," Sailor said, adding the developer lacks authority over upstream private property owners.

At the meeting, staff clarified the item before the board was the limited right-of-way dedication (a 40-foot minimum along County Road 29) needed to record the plat and not a rezoning or a new subdivision approval; the plan commission had previously approved the subdivision. Commissioners discussed asking the developer to post signage indicating the private nature of the drive and urged the health department and county attorneys to continue efforts to identify and address the source of contamination.

The motion to approve the right-of-way dedication carried unanimously. The commission did not condition the dedication on completed health-department remediation; commissioners said they would keep pressure on the health department to pursue testing and, if necessary, legal remedies.

Next steps: recording of the plat will proceed with the accepted right-of-way dedication; health-department officials said they will continue dye testing and may seek court orders to gain access to private properties where testing is needed.