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15
<br /> DRAFT
<br /> 493 have 2,000 acres and divide it all up into 10-acre lots with no public road, and that's exempt from
<br /> 494 local regulations. And I can't help you with that other than you can talk to the commissioners to
<br /> 495 lobby on that or you can lobby yourself; call up your nonprofit or your lobbyist and talk to them. It's
<br /> 496 a general assembly matter, not a local one. Same thing with expedited subdivisions, so Ms.
<br /> 497 Bronson, to your point,their expedited actions don't have to comply with any local subdivision
<br /> 498 regulations, but they have to satisfy some state standards in order to do so. So, it can't be
<br /> 499 exempt. It can't be an exempt action, so that's kind of a duh already is why wouldn't you do
<br /> 500 exempt in the first place. You can't use the expedited tool on a tract or parcel in the past 10
<br /> 501 years, so it's a one and done for 10 years and then you're done. There is a loophole to this
<br /> 502 where, if you incorporate as a different LLC,you're not the same party, so I want to be frank about
<br /> 503 that. That's a loophole that many savvy developers use, so I don't own that property. I may have
<br /> 504 owned that property 2 years ago but it's not mine now, and I'm Cy Stober A instead of Cy Stober B
<br /> 505 and we're not the same, so that happens. The entire area of the tract or parcel to be divided is
<br /> 506 greater than 5 acres,so it has to be a 5-acre minimum, and there is a gap here between that
<br /> 507 exempt 2 acres and the 5 acres. And the amendments put in your packet tonight propose to close
<br /> 508 that gap, because there's an inequity that's there that I'll talk about in a moment. After, and you
<br /> 509 cannot create more than three lots and they all have to comply with our local regulations, so
<br /> 510 zoning setbacks, minimum lot size,watershed, impervious buffers, all of that. And this is usually
<br /> 511 the biggest headache for these actions is a permanent means of ingress and egress is recorded.
<br /> 512 So,we have to have an access easement and it has to be recorded,and we want to also know
<br /> 513 how you're going to maintain that long term. So, and, if you're going over someone else's
<br /> 514 property,you have got to have an access easement from them. So that's usually the big
<br /> 515 headache with these actions, but, again, if you satisfy all these criteria,we can't regulate you. We
<br /> 516 can't apply our subdivision regulations. This is statewide, and this is one of our more-popular
<br /> 517 options and this is also a statewide popular option is, you can divvy up the land into three lots and
<br /> 518 move, go on your merry way. So, you'll see that we get in the neighborhood of rough, on average
<br /> 519 — I can't remember what the actual average is, but it was just under 50 of these applications a
<br /> 520 year. And we had a low, last year is our lowest year for expedited actions, and this is what they
<br /> 521 look like. I'm not sure I'm clear. I chose this one, so it's my fault, but they probably could've gone
<br /> 522 the exempt route, because they have 20 acre, 21 acres, but they chose to have a 7-acre lot result
<br /> 523 and they're along a public right of way already. So, they created one 7-acre lot and then a 14-
<br /> 524 acre lot, and that's an expedited action rather than exempt because they didn't meet the 10-acre
<br /> 525 lot minimum for Lot 1. Any questions on expedited actions? Again, that's state law.
<br /> 526
<br /> 527 Beth Bronson: Can you go back to the road dedication? Yeah,the four points? Because the permanent means
<br /> 528 of ingress and egress is recorded for each lot, does that not also, like that just means recorded
<br /> 529 with DOT?
<br /> 530
<br /> 531 Cy Stober: No,that means recorded—not necessarily but could be. But it could also just be an access
<br /> 532 easement recorded at the register of deeds here in the county. Thatjust provides for permanent
<br /> 533 ingress and egress to that lot,and it doesn't even have to meet the fire marshal's satisfaction, it
<br /> 534 just has to provide permanent ingress and egress. Now there's some wiggle room there. I think
<br /> 535 you're going to want emergency services to be able to,and your insurance company's going to
<br /> 536 want to know if you break your arm or have a heart attack,that an ambulance can get back there
<br /> 537 and help you. So that's usually a failsafe that we have, but no, you just have to have permanent
<br /> 538 ingress and egress. That's 12 feet width usually.
<br /> 539
<br /> 540 Beth Bronson: Twelve feet.
<br /> 541
<br /> 542 Cy Stober: Eleven or 12 feet.
<br /> 543
<br /> 544 Beth Bronson: But that doesn't require gravel, it doesn't require pavement, it doesn't require dirt?
<br /> 545
<br /> 546 Cy Stober: Not necessarily, and we can't apply our road standards that would. Yeah, our road standards
<br /> 547 provide for all of that, but we just have to have a recorded easement. And at our development
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