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Residents urge Weddington to hold Toll Brothers’ bond release over pond, erosion and escrow concerns
Summary
Residents of the Enclave at Baxley urged Weddington officials to withhold a bond release for Toll Brothers until engineering reviews and repairs are complete, citing large cracks in the retention pond, potentially noncompliant slopes and missing escrow arrangements required by the town’s UDO.
Residents of the Enclave at Baxley asked the Weddington Town Council on Nov. 10 to continue holding a developer bond release for the subdivision after an inspection found pond damage and incomplete site work.
During public comment, residents described deep cracks in the retention pond, trees growing in the outfall that could block drainage, and slopes that appear steeper than the 3:1 standard. "We're going to have an engineer come out and actually review that pond," resident Ruben said, pressing the council to keep the bond in place until the problems are fixed.
Venet Machala pointed to the town’s unified development ordinance and said developers are required to fund an escrow equal to 15% of stormwater construction costs and to set an HOA funding schedule (two-thirds funded within five years, 100% within 10). "To our knowledge this was never established," she said, and asked the council to consider those UDO requirements when reviewing the bond.
The council then heard from Bob, an inspector with Bella Associates, who described an Oct. 31 site visit with HOA members and Toll Brothers. Bob said probing the pond cracks suggested they were not an immediate structural threat but that Toll must provide an engineer-of-record evaluation and recommendation. "I don't think the cracks in the dam are a structural concern but we are requiring Toll to get their engineer of record to evaluate," Bob said. He said Toll agreed to have an arborist evaluate trees that appear damaged, to remove a dead pine at the pond edge, and to survey slopes to confirm whether they meet the 3:1 requirement.
Bob estimated that remedial work and the required documentation could take a month or two and noted Toll had not asked again for bond release. Town staff confirmed they are coordinating with the HOA and will receive further documentation from Toll before any release is considered.
The council did not vote on the bond at the Nov. 10 meeting; staff and the developer will return with engineering reports and a punch list of completed work before the council considers release. Residents urged the council to continue withholding the bond until the listed corrections and required escrow arrangements are in place.
