Commissioners table subdivision ordinance vote

Despite earlier expectations, the Alleghany County Board of Commissioners opted to table the vote on a proposed subdivision ordinance after about four hours of discussion Monday.

The action came at the commissioners' regularly-scheduled mid-month meeting, which began at 3:30 p.m. A large crowd attended the meeting, spilling from the small, filled-to-capacity conference room into the hallway, where a few chairs were placed. Others listened to the meeting standing in the hallway outside the conference room, which typically serves as a meeting place for the commission.

Several changes had been made to the ordinance before it was presented to the commissioners Monday. The public got a first look at the changes, which were highlighted in the new version, at the meeting. The changes were being finished and copies made just prior to the meeting by County Planner Jack Conaway, who said that several portions of the revised ordinance were still being discussed over the weekend.

Several other wording changes were made to the ordinance and one major section, designed to allow selling property prior to installing improvements, was added. The new section required developers to pay the county 125 percent of the expected cost of the improvements — either through a cashier's check or an irrevocable letter of credit — prior to selling the land. The money would insure that the roads were put in by the developer, Conaway said. Otherwise, the county could use the money to provide the improvements for buyers and then refund any remaining balance to the developer. If the roads were put in as planned, the money put up by the developer would be refunded in full, according to the proposed ordinance.

At the meeting Monday, the commissioners added a section that would allow a bond to be used, which could help reduce costs for developers. Another change to the section removed the word ‘improvements', which was thought to include sewer and water improvements by many in attendance. The new wording will state roads or road improvements to clarify the intent of the ordinance.

However, the option did not seem popular with those in attendance, who said the buyers were already protected under current laws. "If we don't do what we're supposed to do, they can get their money back plus any expenses they might have incurred," said local developer Paul Reeves of Reeves Auction and Realty late in the meeting.

The commission agreed to make several more concessions on the ordinance prior to bringing it back up for a vote, possibly at their next meeting, including adding in a 60-day grace period (prior to making it effective) after approving the ordinance and offering an exclusion without conditions for anyone giving property to their children or heirs. The exclusion will allow dividing and giving property to one's children prior to death without conditions, as well as allow dividing property to settle an estate, County Manager Don Adams explained Tuesday. In other words, giving land to children or heirs will not be regulated like other divisions of property under the revised proposal. The heirs and children aspect was one of the most contested on Monday. (The earlier ordinance allowed for dividing land among heirs, provided that no road rights-of-way were dedicated).

The commissioners also reworded a section about ‘private driveways' — small roads that can serve up to five homes under the revised proposal — to include wording about rights-of-way.

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