Daily Independent (Ashland, KY)

Editorials

September 17, 2009

Just like zoning — 09/17/09

Changes are needed to protect both property owners and county

Now that a four-year effort by Boyd County government to assume ownership of a private road in Lakinview Heights subdivision appears to be drawing to a close, county officials are considering imposing regulations to assure the situation is not repeated in the future.

However, Boyd County Judge-Executive William “Bud” Stevens should call the proposals exactly what they are: A long overdue step toward countywide planning and zoning.

“The commissioners and myself are looking at maybe coming up with some type of ordinance to protect homeowners in the county in the future,” said Stevens. “We need something to make the contractors more responsible.

“I would like to see all the infrastructure in before the contractor can sell a lot,” Stevens said. “That’s what we’re looking at doing in the future. ... That way the homeowner doesn’t get stuck. They don’t get a handshake and a promise and end up with nothing.”

However, Stevens said he does not consider the proposals the first step toward comprehensive planning and zoning. “We don’t need that, no,” he said.

We disagree. If it truly wants to protect property owners and prevent county government from being forced to assume ownership of substandard roads, comprehensive planning and zoning is exactly what the county needs.

Those who purchased property and built beautiful new homes along Tristen Way in Lakinview Heights were promised by the developer — the Franz Group — that the road would be built according to county standards and be adopted as part of the county road system. However, the developer went bankrupt before the road was even paved, leaving residents with little more than a dirt path in front of their new homes.

It took four years for the county to acquire ownership of the road. Until then, county government could do nothing to improve it. However, Assistant Boyd County Attorney Dan King recently told the fiscal court that the county now has ownership of the road and can legally repair it and complete its construction.

In cities and counties throughout the state and nation, developers must first get the approval of the planning commission before they can begin work on a new commercial or residential development. Most planning commissions require just the type of assurances Boyd County is considering, including roads that are paved and up to county standards, waste treatment systems that are functional and other improvements.

Stevens can call it what he likes, but what he is discussing sounds exactly like planning and zoning, and it is needed to protect both property owners and country government.

Because the developer did not fulfill its promises, residents of Tristen Way saw their property values take a nosedive. They could not sell their new homes because no one wanted to live on a substandard dirt road.

Boyd County certainly had no legal obligation to assume ownership of Tristen Way and bring it up to standards, but it did so as a service to those who had been shafted by the developer and to protect property values — and tax rates — in the subdivision.

Unfortunately, this is not the first time the county has been forced to come to the rescue of property owners who had become victims of developers who did not keep their promises. The best way to protect such things from happening again is to adopt the kind of requirements Stevens says he wants — and if that’s not planning and zoning, it is mighty close to it. And it’s past time such requirements were in place in Boyd County.

However, Boyd County Judge-Executive William “Bud” Stevens should call the proposals exactly what they are: A long overdue step toward countywide planning and zoning.

“The commissioners and myself are looking at maybe coming up with some type of ordinance to protect homeowners in the county in the future,” said Stevens. “We need something to make the contractors more responsible.

“I would like to see all the infrastructure in before the contractor can sell a lot,” Stevens said. “That’s what we’re looking at doing in the future. ... That way the homeowner doesn’t get stuck. They don’t get a handshake and a promise and end up with nothing.”

However, Stevens said he does not consider the proposals the first step toward comprehensive planning and zoning. “We don’t need that, no,” he said.

We disagree. If it truly wants to protect property owners and prevent county government from being forced to assume ownership of substandard roads, comprehensive planning and zoning is exactly what the county needs.

Those who purchased property and built beautiful new homes along Tristen Way in Lakinview Heights were promised by the developer — the Franz Group — that the road would be built according to county standards and be adopted as part of the county road system. However, the developer went bankrupt before the road was even paved, leaving residents with little more than a dirt path in front of their new homes.

It took four years for the county to acquire ownership of the road. Until then, county government could do nothing to improve it. However, Assistant Boyd County Attorney Dan King recently told the fiscal court that the county now has ownership of the road and can legally repair it and complete its construction.

In cities and counties throughout the state and nation, developers must first get the approval of the planning commission before they can begin work on a new commercial or residential development. Most planning commissions require just the type of assurances Boyd County is considering, including roads that are paved and up to county standards, waste treatment systems that are functional and other improvements.

Stevens can call it what he likes, but what he is discussing sounds exactly like planning and zoning, and it is needed to protect both property owners and country government.

Because the developer did not fulfill its promises, residents of Tristen Way saw their property values take a nosedive. They could not sell their new homes because no one wanted to live on a substandard dirt road.

Boyd County certainly had no legal obligation to assume ownership of Tristen Way and bring it up to standards, but it did so as a service to those who had been shafted by the developer and to protect property values — and tax rates — in the subdivision.

Unfortunately, this is not the first time the county has been forced to come to the rescue of property owners who had become victims of developers who did not keep their promises. The best way to protect such things from happening again is to adopt the kind of requirements Stevens says he wants — and if that’s not planning and zoning, it is mighty close to it. And it’s past time such requirements were in place in Boyd County.

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