The Tale of the Swale

What exactly is a "swale"? Well, you can think of it as both a drainage conduit, and a stormwater absorption zone. This man-made land feature must be maintained and kept open in order to function as intended. Taylor Morrison and Waldrop Engineering are currently designing such a swale system to run nearly the entire length (over 6000 feet) between the land of SEBPOG homes and the newly - to be elevated - land of the proposed project. Gated access points will be provided at various points along its length so that workers can enter the "swale trail" (pathway - if you will), to cut, and maintain it.

At this point, SEBPOG doesn't know exactly how deep the swale will be (info. may be forthcoming), nor how wide the trail beside it will be... some swales are "cut-able" by large lawn mowers, and others are steep and can only be maintained by crews with weed wackers - often moving down the swales with small trail vehicles.  However, whatever will be "back there" - there'll be a definitive "path" of sorts, that never existed before... It must always be remembered and respected, that many SEBPOG property owners, purchased these particular border parcels in Sorrento East because they wanted privacy in their backyards - a privacy that is now in jeopardy.

While our requested wall, will hopefully prevent unwanted human incursions and visitors from the east, currently there is no such planned barrier from the edge of our properties to the swale (unless we erect one ourselves - on our back fence lines). This "compromise" of an unfenced TM border was suggested by SEBPOG & TM; i.e. -  no barbwire type fence or barrier directly on their property line, in the hope that long time encroaching SE property owners might still retain some usage of their unowned land (up to the wall) - as several have had possession of it for up to the past 20 years. That can be good, or bad...

Additionally, the swale may closely follow the proposed berm (with wall atop) or they may be separated some distance apart. If you have wetlands directly beyond your perimeter, the swale would most likely travel out around the wetlands to the East.  However, in all cases, you (and others) would either have direct access to the swale system and up to the wall, or access to the swale through (or around) the seasonal wetlands and up to the wall  - again, unless a barrier is erected. In actuality, the swale will essentially tie all the SEBPOG properties together via a commonly accessible backyard pathway.

While we can appreciate its convenience for "frog hunting" young boys or friendly neighbors - to desire a private "back door" conduit between homes;  it also opens the possibilities for those with more sinister intentions to potentially gain unauthorized access to the back of SEBPOG homes from perhaps quite  a distance down the street. This is a new security concern, that previously didn't exist.

Let's look at a hypothetical example:

We could park our "get away" car say 10 houses south of our target dwelling - down on the street on the side of the road between two sleepy homes who's occupants appear to be  "Up North" for the season... Walking due east from the road then, we boldly go between the two houses - and quickly disappear into the swale trail system. Then its just a private stroll north ten homes to the one we want...  A quick dash west across their back lawn to the rear sliders... and out comes the crowbar.  Pop. We're in!  We'll do the exact reverse - once we have their pillowcases filled with goodies for quick sale on Craig's List.

So, if we take the above seriously... and unfortunately - we should; this presents a bit of a conundrum. We want the wall to protect our property values, isolate us from the noise and dirt of the jobsite, and to keep unwanted and unknown people out from the east... and it will do that (hopefully).  And... we want something decent to look at... to maintain some access to a portion of this property we have previously enjoyed;  but now, the swale opens up this new insecurity  - in our backyards from the east.  We will have to choose between having no back fence, greater insecurity, a perceived bigger backyard with access up to the wall or wetlands (near or far as it is designed), or - building our own fence or wall on our back property lines to secure unwanted entry and or observation.

If you have pets, and want to keep them out of the wetlands or swale/trail, a back fence is going to be a must. Happily, Sorrento East deed restrictions allow, with approval - currently as written - six foot high fences for all properties on the border of SE; and, in the actual wording -  the direct specifying and or limiting which sides of said qualifying properties these six foot fences may be erected on is delightfully missing... As such, legally - you could run it up the sides (as well as across the back - if you like) of any border property.  Indeed, the SEPOA board tried to "close out" this option - during the late Great SE Deed Restrictions War of 2013 (and in doing so, inadvertently acknowledged its existence and validity). Happily - for border property owners: they failed!

 
So, if you're a bit uncomfortable with perhaps unknown workers, mulling around in back of your home, messing with the swale zone... maybe having an impromptu picnic in back of your property, or even other unwelcome or unknown neighbors - taking a casual stroll by your previously completely private backyard, and seeing what's going on with it (and you)... a full 6 foot high fence maybe in order to regain your privacy and security.  You can always add a locking gate to it... so you will retain access and usage of  the swale trail (like everyone else will have).

And additional, yet no less important issue for erecting some sort of at least lower height chain link or farm fence on SEBPOG back property lines involves wildlife incursion events into backyards - which has historically, already been an issue. Animal and reptile density will most probably increase once the swale / wetland corridor becomes the only natural still existing greenbelt between the two neighborhoods. In summer, when the swale is heavy with water - you can bet those creatures are going to move out of the wetland areas to utilize the new waterway and travel around. Could there be more gators, snakes, deer, or wild boars in your backyard's future? It's definitely a greater possibility, moving forward.

Finally, we must consider the specter of liability for the development property owner, and the following new homeowners association of Sorrento at Palmer Ranch. It seems to SEBPOG, that this unfenced swale trail mile long buffer zone creates a bit of an insurance nightmare. Without the entire thing being secured, who will be found negligent and or financially responsible, should some young lad get eaten back there by a crock, or someone just falls, slips into the swale, and drowns... After such an event, There'll be all sorts of cries raised that the buffer is a dangerous place and needs to be secured. Indeed, the more we ponder this, the more we wonder about the actual chance of an "unfenced border promise ever being fulfilled by the new property owner...  Thus, , we predict, the forward looking reality: that the "no barrier border zone" - as envisioned  by the developer probably won't happen  (once they work through the issues, as we have). Indeed, the gravity of this final concern, may nullify - much that is written above.  

We should have better answers to all these concerns once the official site plan is fully flushed out...  Alas, whatever they come up with - living with "Das Swale" is going to become a reality, no current SEBPOG resident signed up for.