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Thread: Subdivision: development only on existing roads?

  1. #1
    Cyburbian
    Registered
    Apr 2007
    Location
    the Mountains
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    78

    Subdivision: development only on existing roads?

    In my very small town, we have only the very occasional substantial subdivision application. My question is probably very basic for those of you who deal with subdivisions of large vacant parcels regularly. We are also a platted town from the late 1800s, so most of the vacant land is actually already platted and we encourage developers to stick to the platted grid.

    Recently, an applicant has applied for a subdivision on some vacant land within the town limits. It is currently serviced by one steep, rarely-traveled road. The applicant proposes changing and expanding the road substantially and adding a new cul-de-sac. Therefore, our road network would be expanded.

    Though I consider the development well done, politics will probably call the subdivision too dense (even though it conforms to our regs). I expect politicians will want any reason to deny. Is it possible to deny a subdivision application simply because the town doesn't want to deal with any new roads? As in, could the town say, "you can only develop on the existing road.." The subdivision application would also involve a retaining wall or two, something we have nowhere else in town. The town is somewhat concerned about liability and maintenance on this.

    Thanks for your help on this certainly basic question.

  2. #2
    Cyburbian KSharpe's avatar
    Registered
    Aug 2006
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    in the midwest
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    744
    I think that a city can decline to accept any more streets into their system, if they wish, but most cities would like to grow.The developer could always make it a private road, which would be maintained by the homeowners association. In that case, there wouldn't be much basis for denial (in terms of streets).

  3. #3
    Cyburbian Seabishop's avatar
    Registered
    Nov 2002
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    USA
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    3,835
    In most states subdivisions are an "as of right" activity - meaning a property owner can get approval as long as he follows the process and fulfills the regulations. I don't think prohibiting new public streets would be legal but check with your town attorney.

  4. #4
    Cyburbian
    Registered
    Apr 2007
    Location
    the Mountains
    Posts
    78
    Thanks for the quick replies. Most "growth" in this little town is just really expensive second homes, which the community feel for the most part make it a worse place to be. I'm trying to work with the developer to get some affordable units in place, so hopefully that will lesson the blow.

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