week of 5/7/08
 
 
 
  Macon proposal gives break to families who divide land
By Jennifer Garlesky • Staff Writer

Macon County residents will have the opportunity to voice their opinion about the county’s proposed subdivision ordinance at an upcoming public hearing, officials say.

County commissioners approved the regulation April 28, after planners made some modifications.

“A public hearing is the next step,” said County Planner Stacy Guffey, though commissioners have not yet set a date for it.

County leaders say a subdivision ordinance is needed to help guide growth and increase public safety. Access roads in subdivisions are often too narrow, which makes it difficult for emergency personnel to respond.

“There are a lot of roads that are not wide enough, that two fire trucks can’t pass through,” Guffey said.

Planners presented the ordinance to the board on April 14. Commissioners requested that the regulations address incidental subdivisions.

“Anytime someone breaks a lot from the parent’s lot, it will be called an incidental subdivision,” he said.

The new provision exempts a single lot from the ordinance.

“Landowners can sell one parcel every year and that lot will not be subjected to the ordinance,” Guffey said.

“This stipulation sets Macon’s ordinance apart from subdivision ordinances in surrounding counties,” he said. “I think it’s unique. I’ve looked at other counties and most don’t have a provision addressing this issue.”

In the initial proposal, a property owner could sell one lot every three years.

Planners say the board’s decision to reduce the waiting period from three years to one year could generate some problems.

“The new provision could create a loophole that might be abused by some developers,” Guffey explained. “When a lot is sold and becomes a parent lot, that parcel of land can be divided again and a single lot could be sold and deemed an incidental subdivision,” he added.

A developer who is aware of this loophole could continue this cycle each year and a subdivision could be developed without being required to follow the county’s ordinance.

“That’s sort of a danger in a provision like that. I don’t want to see people use this as a loophole. This ordinance is to increase public safety,” he said.

However, Guffey hopes the one-year waiting period will prevent developers using the family subdivision provision for their advantage.

The ordinance also implements a review process for minor divisions, which are eight lots or less. The planning department will review each proposal. A technical review committee will examine all major subdivisions. The committee will be comprised of representatives from the building inspections, planning and erosion control departments.

“The technical committee will help the county guide growth,” Guffey says. “It’s a chance to get the developer to look at any potential problems that may arise before development begins.”