Town Crier Articles

Did you know that under our governing documents no routine landscape services (mowing, edging and trimming of grass or trimming of shrubs, trees and bushes) are to be provided within any fenced area in New Town? This is the standard language contained in 17 of the 21 Supplemental Declarations* for the neighborhoods of our residential community. All homeowners acknowledged receipt of this information when their homes were purchased.  Yet since New Town’s early days, the Association has been acting in violation of its requirements and maintaining the entire yards of its residents, fenced or not. 

Why was this limitation put into the governing documents? Perhaps it was seen as a cost saving measure or a way to limit the number of fences in our community, the rationale is not apparent. But regardless of its origins, we have provisions in our documents that should be enforced. The courts have ruled that failure to enforce a covenant does not waive it. In fact, Article 9.3 of our Master Declaration includes a statement that failure to enforce any provision of the Declaration or its Supplemental Declarations does not constitute a waiver. Since early 2020, the Association has been advised by counsel that the services should be discontinued until our governing documents are changed.

Changing this language to accommodate the existing practice is not within the power of the Board of Directors. Why can’t the Board of Directors just pass a resolution with a new policy? The only way that our Association’s highest level governing documents (Master Declaration, Supplemental Declarations and Bylaws) can be amended is through a 2/3 vote of the Members of the Association. So to continue with landscaping, these fence provisions must be reconsidered during our future NTRA governing document revisions. 

In 2021 New Town’s landscape services are again being provided by Virginia Lawn and Landscape. In an effort to balance homeowners’ expectations for services and to provide efficient and quality service to all, it's important to understand a few basic principles of the services rendered. To begin, services are provided for the benefit of all homeowners in New Town, for single family homes with larger lot sizes, townhomes which share contiguous lots and townhomes with only common areas that are maintained along with all of the other common areas. The cost basis and time constraints required to provide services is always a challenge.

The landscape crew's time is allotted to accommodate all of New Town's over 350 acres, and this requires managing a variety of environments. One of these is fences. Depending on the fence type, trimming takes a lot of time and precision and slows crews, which often impacts the work schedule. Mow too close and you create wear patterns in the turf and the blades of grass, and even the fence posts can be problematic. Homeowners have experienced damage to fence posts from mowing equipment. They expect the landscaper to repair them. Uneven ground also makes it difficult to mow and trim grass at a consistent height and increases the risk of cutting into the ground. Because our landscaper follows recommended heights for optimum turf, and to avoid the up and down adjustment of multiple pieces of equipment, a standard setting for mowers is utilized. Trimming around flower beds and tree rings in smaller fenced areas is also time consuming and labor intensive. Oftentimes hardscape inside or adjacent to fenced areas may include rocks, boulders, or pavers with knee walls, all of these take additional time and care. Crews are trained how to handle these situations, but there's no question, this takes considerable time and effort and with the proliferation of fences in New Town, this increased work was not factored into the VLL contract with the NTRA. 

The most direct and legal resolution of this issue is to stop providing these mowing and pruning services within fenced areas. Homeowners would still be entitled to landscaping maintenance outside the fenced areas, but would be responsible for their own landscaping within their fences. The Board of Directors may need to correct this situation soon. It is certainly not an easy decision and will create turmoil. We recognize this is painful, and therefore, want to build awareness and consider options prior to strict enforcement.

How long should we give owners to make other arrangements for their fenced area landscaping? Can we provide the service as an extra amenity with conditions? One option might be to provide landscape maintenance service at an extra fee (a limited common expense assessment) to those with fenced yards. Perhaps the Association should require fences to have mulch under the fence posts so that grass is distanced from the fence in order to qualify for landscaping and reduce potential damage (currently this practice is recommended by the LAC and Architectural Review Committee for construction of any new fences.)

The ultimate solution is to consider what our policy as a community should be, and fix our documents accordingly.  What should we say about fences and landscaping in our revision to our governing documents that the Board is starting? 

 

We welcome suggestions, through comments below or email us via the website committee: ntrawebsitecommittee@gmail.com.

 

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In the meantime, the pool is scheduled to open on Saturday May 29, Memorial Day weekend. Hours will be Monday, Wednesday, Thursday, Friday, Sunday and holidays from, 11:30 a.m. to 7:30 p.m. On Saturdays, the pool will be open from 10 a.m. to 8:30 p.m.

Again this year there are numerous Covid-19 stipulations, outlined by the Virginia Department of Health (VDH), that will be enforced similar to last season. Among other requirements, updated by the State on April 8, 2021, is that there be 10 feet of separation between households, and that occupancy is limited to 75 percent of capacity. Swimmers should maintain 10 feet of distance between other swimmers who are not family members.

Two lifeguards will be on duty each shift, one specifically focused on Covid-19 requirements: sign-in, ensuring forms are signed, maintaining documentation, and disinfecting areas. Although lifeguards will not take the temperature of pool guests, they will collect and review screening forms from guests unless it interferes with the lifeguard’s primary responsibilities.

Among the screening questions asked: 

As far as the pool’s physical plant is concerned, you may have noticed that the water has been emptied. In preparation for the 2021 season, half of the frames and grates will be replaced as required by law. The remaining grates and frames won’t be done until after the season. 

The pool pergola is also being repaired. This involves power washing the structure and replacing some rotted joists. Most of the structure will be repainted, except for the new wood that must season. So if you see a half-painted pergola, don’t worry. In the Fall after the wood has seasoned, it will also be repainted.

Concrete is being added to replace the plantings closest to Roper Park within the pool area. The Landscape Advisory Committee recommended expanding the hardscape to provide more access for chairs and eliminate dying vegetation.  

After the upcoming season, a major pool renovation will be undertaken. Bids and contractor discussions are underway. The job is expected to cost in the neighborhood of $50,000. It includes, but is not restricted to, the resurfacing of the pool, recharging filters, cleaning and lubricating of push-pull valves, replacing four skimmers and recaulking the pool perimeter.

Finally, a contract will be signed with a pool company to do a winter servicing, including regular checks. This servicing will preclude the pool from being emptied and completely refilled at the beginning of each season, normally about a $3,000 expenditure.

Most of these expenses are covered by the NTRA Replacement Reserves. Originally planned for 2023, the pool renovation timetable was moved up based on inspections that revealed faster deterioration than predicted. Our community pool first opened in 2012 and hopefully its refurbishment will keep us swimming safely for years to come. 

 

 

The rationale for this decision is that mailboxes are an exterior feature of a home provided as an improvement by the builder (per our Master Declaration). Owners are required to keep all improvements to lots “in good order and repair.” 

Further, mailboxes are a part of the NTRA’s home Exterior Maintenance inspection process and deficiencies are identified during inspection reports.  Such deficiencies in any part of the mailbox assembly (metal box, post/support, post cap and newspaper tube) must be corrected by the homeowner, in accordance with the Exterior Maintenance policy. All costs are to be borne by the owner of the mailbox, even for multi-family boxes where owners are expected to share costs.

In other words, get your paint brushes out! The March 25th resolution supersedes all previous policies. For a copy of the full resolution click here. 

Upon completion of training program graduates indicate if they would like to become CERT members assisting community members in the event of an emergency or to graduate with the intention of applying their skills for their personal and family use. There is no pressure or obligation to become a CERT member. Whichever path is chosen those completing training are assets to the community through being better informed and prepared.      

 

 

For additional information on emergency preparedness and/or to register for CERT training please go to:  https://jamescitycountyva.gov/2661/Community-Emergency-Response-Team .   CERT training is conducted throughout the year.   

 

 

Rollers and the spring (photos below) should be sprayed once a year with a silicone spray that is especially for use on garage doors. This is available at Home Depot and Lowes. The rollers and spring are easy to reach when the door is closed – no need for a ladder. Other maintenance should be done by a professional garage door technician. If the loud noise upon opening the door doesn’t go away after lubricating, it may be a motor problem.

We have had excellent service from a local business Lion Garage Door.  Quick service and helpful friendly employees.  A service call is $89 or a $120/year membership that includes 2 service calls.

 

 

           

While we have not experienced any recent major disaster be it weather or otherwise in New Town, it would be irresponsible not to assume one will happen.  The keys to maximizing safety and survival are in planning and preparation.

Our New Town Residential Association has an Emergency Preparedness Committee to help our community with advance emergency plans and preparations. All committee members are New Town residents who by profession and/or informal training have the motivation to be of assistance and are prepared to offer support in an emergency.  Like other Williamsburg area community emergency teams our committee is affiliated with the James City County’s 318-member volunteer Community Emergency Response Team or CERT program.

Why are New Town’s Emergency Preparedness Committee and CERT necessary?  In the event of, for example, a major, catastrophic weather incident we must be prepared to initially help ourselves.  First responders from James City County and the Commonwealth of Virginia may be simultaneously needed in many areas of a widespread emergency stretching personnel and other assets thin.  Normal modes of communications may be down. Thus, it may take additional hours or even days for assistance and support to reach us. Prepared and working together, we can temporarily fill that gap in services.

New Town’s volunteer Emergency Preparedness Committee and CERT members are trained to deal with many household and medical emergencies that are commonly encountered during emergencies. They may be the first to respond in any disaster. Some are also amateur radio operators who are prepared to provide emergency communications both short and long range via amateur “ham” radio.  

Please call me at 703.946.5787, if you are interested or have questions about emergency preparation.

• The best practice, from a landscaping perspective as well as a courtesy to other homeowners, is to direct your pet to use any common mulched area rather than the grass or private property. 

• Carry a water bottle on walks and spray any grassy areas where your dog urinates.  This will dilute the urine and lessen the harmful effects of nitrogen.

• Encourage your dog to drink more water which is good for your dog and dilutes the concentration of nitrogen, despite the more frequent urination that may result.  Even adding some water to dry dog food can help.

• Picking up after your dog in all common areas, including trails, is not only a courtesy to others, but is also beneficial to New Town’s landscaping.  Additional dog stations are coming for your convenience.

• Leash your dog when not on private property, as required by New Town Residential Association and James City County.  Keeping your dog from running loose helps protect plantings and grass on private property as well as in our common areas.