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Sprinkler System Problem

Discussion in 'Homeowners Corner' started by gammonbabe, May 18, 2005.

  1. gammonbabe

    gammonbabe New Member

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    We had a sprinkler system put in about two weeks ago by Allen Sprinkler. Just after it was put in we got a visit from someone from Broadlands Associates telling us that the sprinkler heads and the junction box were placed illegally within the VDOT right of way. We started talking to Allen Sprinkler to research this problem and to fix it if indeed they screwed up. Monday we received a letter from Broadlands associates telling us that we had seven days to move our sprinklers back 6 inches or they would tear them out.

    We will of course use a lawyer to get a temporary injunction against them doing this, until we can solve the problem with the contractor that put in our sprinklers. But supposedly this is a wide spread problem that I have not heard anything about. There is no information at all on the VDOT website, we can't find out anything from Loudoun county on that, and the home owners book also does not discuss this issue. So where is the issue with us having a sprinkler system on OUR lot, underground, that does not interfere with traffic? Did anyone else encounter this? If yes, what did you do?

    We make sure we hire contractors to do any work that require permits, because we expect THEM to understand the laws and to do the work in a way that adheres with those laws. Right now we are pretty ticked off.

    Btw., Allen Sprinkler is much less friendly now that we expect them to fix this problem.

    Marianne
     
  2. flynnibus

    flynnibus Well-Known Member Forum Staff

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    well I don't know about spelling out specifically about sprinkler systems.. but I'd be suprised if there is nothing out about installing permanent things in the right-of-way or that the right-of-way is on your plot from the county

    I would assume a phone call to the HOA would negate the need for a lawyer if you tell them you are working to resolve the issue. I doubt a lawyer expense is needed to get a reasonable solution there. But note.. I don't work for the HOA.. just another homeowner :)

    -Steve
     
  3. gammonbabe

    gammonbabe New Member

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    So far we did not get the warm and fuzzies about Broadlands Associates wanting to work this out with us by giving us the time it takes to work it out. And we have called, of course. And we will try to work with them, but we are not willing to let them rip out our 5K sprinkler system either.

    And no, I don't know anything about permits and rights of way ... that's why I pay money to a contractor. I expect them to know these things and to put things in the ground in a way that abides by the laws.

    Marianne
     
  4. neilz

    neilz New Member

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    Steve .. that letter came from the developer, not the HOA (note the Broadlands Associates, not Broadlands Association).

    The developer is correct about the sprinkler heads and all being in the VDOT right of way. The VDOT right of way extends from the curb to the top of the concrete apron (that delta shaped piece of concrete at the bottom of your driveway. Normally this is also where a sidewalk would be placed.

    This area (until turned over to VDOT) is under developer bond. In order for the developer to turn it over, VDOT does inspections of the area. If they find ANYTHING that is in violation of their rules (note VDOT requirements), the developer must fix it. This covers the street paving, curbing, driveway aprons, any basketball hoops in that area (they're hauled away), etc.

    Plantings over 2 feet, any type of hardscape (other than the mailbox post), as well as sprinkler pipes cannot be in this area. They are perfectly within their rights (although it may not seem so to you) to rip that out. You have to maintain the lawn, but VDOT has the ROW easement and can say what can or cannot go in that area.



    Neil Z.
    Resident since 1999
     
  5. latka

    latka Active Member

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    Whatever happened?
     
  6. gammonbabe

    gammonbabe New Member

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    It took some fighting and arguing, but they did move the sprinklerheads and the box. The box has not been inspected yet, hopefully it will pass and we will have no more problems.

    I think that a contractor should know where the VDOT right of way ends and where sprinkler heads should go, especially if that contractor has received letters from Loudoun County, VDOT, and also from Broadlands Associates on multiple occassions.

    Marianne
     

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