Getting to the ‘root’ of the problem
Damage-control agreement between Town, Smithfield
However, Town leaders and Smithfield residents have settled on a solution: Farragut Board of Mayor and Aldermen approved an agreement and restrictive covenant with Smithfield Homeowners Association regarding public infrastructure repairs during the Board’s meeting Thursday, July 27.
Town attorney Tom Hale said the subdivision, located to the east of Smith Road near the intersection with Grigsby Chapel Road, was developed in the early 1990s and has 40 lots.
“When it was first developed, there were oak trees planted in the 6-foot grass strip between the sidewalk and street,” he said, adding those trees have grown over the years and “provide a beautiful streetscape for the neighborhood.
“Although street trees are encouraged in our subdivision regulations, the use of oak trees in such a tight space is problematic due to how large the trunks get and the damage that occur as the root systems continue to mature,” Hale added. “In the case of Smithfield subdivision our Public Works department has been making numerous repairs and catch basins for several years due to damage the roots from these street trees are causing.”
Since the Town staff earlier this year identified the subdivision’s roads as needing to be repaved as part of its annual repaving program, staff discussed the issue with Smithfield’s residents, providing options for repairs.
One of those options was to remove the sidewalks, but Hale said residents wanted to keep the sidewalks and the trees.
“The attached agreement provides the Town will make the necessary milling and repaving of the streets in the subdivision as is standard in all Town residential subdivisions,” the attorney said. “If future repairs are needed due to root damage caused by the trees in the subdivision prior to 15 years after the current repairs are made, the Smithfield HOA would be responsible for the costs of those repairs.
“Between 15 and 25 years after the current repairs are made, the Town and Smithfield HOA would share the cost based on the age of the street at the time and under the formula (listed in the agreement),” Hale added.
After 25 years, all repair costs would be the Town’s responsibility, according to the agreement.
“Any future sidewalk, curb or drainage inlet repairs that would need to be made due to root damage, the Smithfield HOA would be responsible for the cost to repair,” Hale said.
“As these public infrastructure items identified in the agreement are all within the Town of Farragut’s right-of-way, all repairs would be the responsibility of the Town of Farragut and at at the Town’s sole discretion to decide on the method of repair,” he added.
To ensure it can pay for the repairs, the HOA “has granted the Town a security interest in its right to receive, but not to make, assessments from its members as security for the amount the Association is obligated to pay the Town for the costs resulting from the provisions of Section 5 hereof,” the agreement stated.
“Additionally, the Association agrees to create a sinking fund with annual contributions by the Association members for the purpose of covering all expenses of the Association justly due and owing under this Agreement. The Association hereby grants the Town a security interest in this fund.”
“It’s a place-holder for the funds,” Hale explained.
“They value their trees so much they are willing to pay,” Vice Mayor Louise Povlin said.
Still, “my concern is the neighbors,” Alderman Drew Burnette said. “How do we stop it in the future?”
“That’s a Planning Commission issue,” said Povlin, adding subdivisions need a list of appropriate street trees to plant.
“I think that’s one of the goals of the (Town’s new) Tree Board,” Mayor Ron Williams said.
