The DeKalb County Planning Commission amended the county’s subdivision regulations last week, making with new provisions for future developers with five or more lots. The move was made after concerns were raised over developments which have inadequate road access for emergency vehicles, and insufficient water for fire suppression.

The regulations will apply immediately to any new developments going forward. Due to state law, the new regulations will not apply to any development over the last five years that has already received at least preliminary plat approval.

“This will be effective immediately and it will apply to any development going forward,” said Tommy Lee, Deputy Director of the Upper Cumberland Development District. Lee serves as UCDD staff planner and advisor to DeKalb County.

“The state of Tennessee does have a state law that has vesting rights for previously approved preliminary subdivision plats and that’s five years so anything submitted five years previously from tonight that has not yet received final approval will not be subject to this amendment,” said Lee.

Issues came to light as the result of a plat already approved for a subdivision called Silver Point Shores on Aunt Helen Road in DeKalb County, near Silver Point. The site has been in development for at least two years.

The subdivision reportedly has very narrow road access, especially for fire trucks which might be carrying 1,000 gallons or more of water. There is also no water source (wells) or fire suppression system in place for the 31 lots in the subdivision, which have already been sold by the developer for more than $3.5 million.

Members of the planning commission will also address concerns sureties are collected. The developer in this case, issued a cashier’s check in the amount of $40,000, but the check is only good for up to 180 days, and now expired.

The new regulations state that all lots must be served by a public water source, and must be located within 1,000 feet of a fire hydrant installed on at least a 6″ water line, or a credited alternate water supply site.

All roads public, private, or county owned, must provide access to the proposed development from the nearest state route with a surface of at least double surface (chip and shoot) paving. These access roads shall have a surface width of at least nineteen (19) feet, and none shall have a grade of more than ten (10) percent. Any access road that does not meet these requirements shall be brought up to these standards at the cost of the developer. Plat shall not be approved until these standards have been achieved and the DeKalb County Road Supervisor has inspected and approved access roads and the roads of the development.

The DeKalb County Fire Chief shall give a recommendation for each plat by signatory line on the final plat, before Planning Commission approval, acknowledging proper access for emergency vehicles and adequate water supply is available for fire suppression for each new development.

A common mailbox area must be approved by the United States Postal services for all proposed roads within the development.

The planning commission will re-evaluate the surety instrument requirements of a developer and possibly adopt new subdivision regulations accordingly following a public hearing to be held in June.