Published: Nov 06, 2011 12:00 AM
Modified: Nov 05, 2011 10:34 PM
WENDELL -
A Monday night staff update on changes to the town's development regulations set commissioners' sights on closing a loophole that has the town paying for residential developers' mistakes.Wendell's planning staff explained that once 50 percent of a housing development's building permits have been issued, the developer can petition the town to take over ownership and maintenance of streets and infrastructure, like street lights.
Developers are required to wire and install street lights as they build the houses, but as building stopped during the economic downturn, developers also stopped installing street lights, leaving subdivisions without street lights.Besides requesting the lights be installed, the planning staff recommended changing the towns unified development ordinance to require street lights be installed before the town grants final approval of a development plan.The commissioners' discussion quickly turned to the amount of streets the town has taken responsibility for.
"Right now we are paying for street lights even if houses are not built," Commissioner Ira Fuller said.
"Commissioner Carol Hinnant asked if it was possible to cut off streetlights in areas without residents.
Town Manager Teresa Piner responded by saying the town can try to negotiate with Progress Energy, but "the streets are in place and we do not want streets unlit," she said.Fuller encouraged Piner to cut off unneeded lights but thought Progress Energy would disagree due to the investment they have in the ground.Commissioner Sid Baynes focused on what he described as the low requirement developers had to reach before the town started covering infrastructure costs.
"My concern is not accepting (responsibility for street maintenance) from developers until the tax base in the development can pay for itself," Baynes said. "We have developments where the streets were put in but nothing has happened in a long time. If you don't drive on asphalt it breaks down. We could have streets we must completely replace that have never been driven on."
Baynes proposed changing the town ordinance so the town will not accept responsibility for maintenance until the developer has built at least 80 percent of the houses planned.Piner said the town could consider changing the rules so the town would accept responsibility for the infrastructure once 75 percent of the lots have received certificates of occupancy, in other words, until the homes are ready to be moved into.
"The citizens of Wendell should not have to pay (for the infrastructure) and that is what we are doing now," Baynes said. "We need assurance the tax base (from new developments) will pay the cost."Hinnant agreed. "We would be better served using the certificate of occupancy and homes built out at 80 percent or so," she said.
Hinnant also asked the planning staff to look at the town's history of developments to see how the hand-off of street and street light responsibility was handled when earlier residential developments were built.