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Porter County to take over failing Foxchase Farm storm system, will seek $21,880 from HOA
Summary
After reviewing a stormwater study showing extensive damage to pipes and detention features, the county board authorized staff to prepare a memorandum of understanding to bring Foxchase Farm subdivision infrastructure into the county inventory and to seek a $21,880 cost share from the homeowners association.
Porter County officials voted to move forward with taking Foxchase Farm subdivision’s deteriorated stormwater infrastructure into the county inventory and to seek a $21,880 cost share from the homeowners association, county staff reported at the meeting.
Staff presented a stormwater infrastructure study for Foxchase Farm (a 100-lot subdivision platted in 1994) that identified 43 storm-sewer segments: 10 segments could not be inspected and were recommended for full replacement, 17 were judged high priority (replacement or reconstruction), 15 were medium priority (cleaning, point repairs or pipelining), and one segment was in good condition. Staff reported a preliminary repair cost of $676,220 including segments in the road right-of-way and $260,880 for issues outside the road ROW.
The staff presentation said the estimated 20-year capture from the stormwater user fee for this subdivision is $240,000 (100 lots × $120 × 20 years). Based on those staff figures, the difference between the full preliminary cost ($676,220) and the 20-year capture amount is about $436,220. Staff recommended seeking a practicable cost share from the HOA for the portion outside the right-of-way; that amount, as presented, is $21,880.
"We have many storm sewer segments in poor condition," the stormwater program manager said, stressing that a mix of age, inferior materials allowed at the time of development and lack of routine maintenance had driven the current condition.
Commissioners and staff debated responsibility and fairness. Several members said the county approved the original systems under older standards and that bringing the infrastructure into the county inventory could be appropriate; others pressed for a policy framework so future cases are handled consistently. Board discussion included the possibility of a tiered rate schedule or an adjusted fee for subdivisions that require substantial construction or reconstruction work because of legacy installations.
The board directed staff to work with the Foxchase Farms HOA and county attorney to draft a memorandum of understanding to accept the infrastructure into the county system and to pursue the $21,880 cost share. A motion to authorize staff to pursue the MOU and cost share was seconded and passed by voice vote.
Next steps: staff will work with the HOA and the county attorney to draft an MOU and return to the board with terms; staff also recommended the county complete a broader strategic planning process to assess fee structure, outstanding liabilities across the county and public outreach prior to proposing any change to the stormwater user fee.
