By Myrna Trauntvein
Times-News Correspondent
Mona has a new subdivision ordinance which became
effective on Thursday, Feb. 10, the date the subdivision
moratorium was terminated.
A few of the 23 residents who attended the meeting asked
questions or made comment about the draft ordinance.
Following the public hearing, held at the beginning of
council meeting, the council voted to accept the ordinance.
They then voted to adopt suggested revisions to the
ordinance and to make the effective date fall on a Thursday,
two days after council meeting.
"I recommend you, the Mona Town Council, recognize that
the Mona Town Subdivision Ordinance Temporary Regulation
expires on Feb. 10, 2000 and, therefore, find it a matter of
compelling public interest for the Mona Town Subdivision
Ordinance to take effect on that date," said Bruce Parker,
who designed the document and assured its legality.
Parker told the council the new ordinance would replace
all other ordinances and the wording used in those
ordinances. "All prior subdivision ordinances, previously
adopted by the town, are hereby repealed."
Parker said the subdivision moratorium, or temporary
regulation, could not, by law, exceed six months from the
date of adoption. "The temporary regulation was adopted on
Aug. 10, 1999," he said.
The town planning commission had met with Parker and had
made some suggestions for revisions.
"They suggested a 'b' step be added to the 'Evidence of
Availability of Necessary Services,' page 10, of the
subdivision ordinance," said Parker.
"The planning commission had three requests," said
Parker. "One of those is that the proposed culinary water
delivery system for the subdivision must be reviewed by the
health department."
In addition to the subdivider being required to provide
plans showing the method of providing culinary water to each
lot, the applicant must also provide information sufficient
to determine the demands of the proposed subdivision on the
town culinary water system.
"They will identify the demands anticipated to the source
capacity, storage capacity, and the distribution system,"
said Parker.
In the recommendations of the planning commission, was a
provision all final subdivision plat approvals will become
void unless the final plat is presented to the town attorney
for recording within one year from the date of approval.
"Can't someone else take the final plat for recording
besides the town attorney?" asked Glenda Buchanan, council
member. "I would feel much better. The attorney is out of
town and, I would think, the mayor, mayor pro tem, or any
council member could present the plat for recording."
Buchanan said she thought the ordinance should include a
clause indicating the subdivider should deposit the final
plat to the town office and town council members should then
turn to plat in for recording.
The last item of concern to the planning commission, said
Parker, was the requirement, part of the ordinance as
written, the final plat be accompanied by a property
survey.
Parker said the idea was to make certain, especially
where old fence lines are used, there would not be crossover
property lines. For example, he said, what if a home were
built and then, when the next property owner wanted to
build, discovered the house was three-feet over on the
neighbor's lot?
"An existing lot is an existing lot," said Jeff Boyd,
town building and planning commission director. In cases of
conflict, he said, the original survey would carry the
weight.
"The state went back to the old fence line rule," said
Mike Keyte, property owner, "because every surveyor did the
survey differently."
At any rate, said Doran Kay, council member, there would
not be that many lots in town which would come under the
subdivision ordinance where the lot survey would be in
need.
Most subdividers would be those who would draw up a plat
plan and meet the subdivision ordinance by assigning lots
with sizes and a number to those who wanted to build there.
Others, said Kay, may just be family members who were
dividing land in the family. In those cases, the original
survey would stand.
"I have just been through the process," said Ruth Mastin.
"The map in the county recorder's office is the law. I paid
for a survey to be done."
"For the potential property owner's own good, their own
legal protection, I would think they would want a survey,"
said Darlene Fowkes, council member.
In many cases, said Buchanan, lending institutions would
not approve a loan to construct a home until a survey and a
title search had been done.
"Most will be surveyed," said Kay. However, the original
survey could be acceptable in other instances.
"I like to err on the side of caution," said Parker.
Parker told the council he had other suggestions for
changes in the draft document. Most of the changes he was
recommending, he said, were for the sake of clarity.
"I have recommended some changes in terminology," said
Parker. After discussing the ordinance with an attorney in
his office, he had determined the town, in a case by case
manner, should have the right to require sidewalks. If those
walks became necessary for the public safety and welfare, he
said, they could be ordered prior to subdivision
approval.
That would not mean that every subdivision would need to
build sidewalks, just those who would be requested to build
them by the planning commission and town council.
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