County seeks to change policy for subdivision construction

WARREN COUNTY — As a way to help homeowners left in the lurch by bankrupted contractors, officials are considering a new policy to shorten the amount of time it takes a newly developed subdivision to come under county control and charge developers more before they build.

The county’s policy is to wait until a road is 80 percent “built out “ — that is construction has been completed on 80 percent of the available lots in a given road or subdivision — before officials accept control of it. With the decline of new housing due to the economy, this process has caused some subdivisions to sit unfinished for close to a decade, according to Kurt Weber, chief deputy engineer for Warren County. Officials also make developers pay a bond before they begin construction to hedge against a failure to complete a road.

Problems in letting the subdivisions sit unfinished arise because, before the county takes control, the roads are generally poor temporary accommodations that do not withstand the rigors of weather and extended use. It is only when contractors are ready to turn the subdivision over to the county that they will apply a final asphalt coating of more durable substance, Weber said.

Furthermore, prior to the county’s acceptance, the developer is responsible for any repairs to the road and for even the most rudimentary maintenance, such as plowing and salting in winter time. After the township accepts responsibility, township government becomes fully responsible for maintaining the roads.

“To ask residents (of the unfinished subdivisions) to pay taxes and not have the county or townships maintain their streets is to ask a lot of them,” said county Administrator Dave Gully.

Weber said the old standard of an 80 percent built out was established because construction traffic is hard on even a properly finished road and officials were hopeful to have most of the heavy machinery off the roads before paving them. However, with many contractors defaulting, township and county taxpayers are having to pay more money to finish the roads. When contractors have defaulted, many of the bonds have not been enough to cover completion of the area, Gully said.

The county currently has 111 unfinished sections of subdivisions that were started prior to 2008. While Weber estimated only a handful of the developers of those 111 sections were in danger of bankruptcy, Gully said he didn’t think the bonds on any of the sections would be enough to cover completion of the subdivisions should the developer default.

County attorney Bruce McGary said township may object to taking control of unfinished roads because if construction does resume on a road, the heavy machinery will wear even a properly paved road out at a faster pace and than the township would responsible for footing the bill to fix that road.

Contact this reporter at (513) 696-4544 or jmcclelland@coxohio.com.

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