9/17/1992 - Laserfiche WebLink

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SEP 17 1992 '89OX 87 f aza Director Keating assured them there would be no traffic jam because that is what concurrency prohibits. Conceivably, a lot could be sold in anticipation of building a house on it and if a road got over capacity, they could not build. Vice Chairman Bowman commented that it is a gamble. Bill Mills, contractor, pointed out that this proposed amendment will help to stimulate the economy and help the developer, because paying impact fees up front is just prohibitive. Commissioner Scurlock was concerned about government's physical ability to build the improvements quick enough .to meet the requirements. Mr. Mills understood that Director Keating intended to publish the available capacity on a quarterly basis for developers' information. He realized that there is risk involved, but he foresaw that this would become standard. He also felt that the real estate industry would be aware and take some of the responsibility. Attorney Vitunac advised that we could require the developer to include this warning in bold print. In that way the developer who sells a lot without concurrency and does not put that language in the contract is liable for it. We can say that failure to put that language in a contract keeps the concurrency liability on the developer. Director Keating did not think we could regulate what gets on a deed. We can regulate it by a form signed by the developer and we could anticipate that form -also including a notice on the plat, but we do not get involved with a deed. Peter Robinson, developer, was sure a buyer would go to the County records to determine whether he can use the property. He also was sure that a developer's attorney would not allow sale of a lot without that verbiage in the contract. Attorney Vitunac advised that the wording should be strong and mention that concurrency has not been met and reserved. Mr. Robinson saw this as a developer's responsibility. Under the present regulations the impact fees are paid, sometimes the development is not completed, and there is no impact on the roads, and after seven years .the County must give those fees back. Later, the development is completed and traffic is impacted. Mr. Robinson was sure that the developer and everyone else concerned will pass the word along that you can lose if you don't pay the impact fees. Director Keating was in agreement with Mr. Robinson's points about impact fees being paid and capital improvements programs being scheduled in a closer timeframe. Mr. Boling asked if the Board wanted to include Attachment 2 24