Wednesday, Feb. 17, 2010

Divided board increases open space

But developers can still pay fee

An amendment to county land-use rules aims to seed more open space and outdoor amenities in future subdivisions. At its January meeting, a divided Board of Commissioners agreed to place greater open-space requirements on residential developers.

Before the change, developers could leave open 10 percent of the land in a subdivision, or they could pay a $400 fee for each lot. Now, county government will require 15 percent open space. But developers can include smaller amounts if they install amenities like walking trails, pools or tennis courts. And as always, developers can sidestep the open-space requirement by paying the fee-in-lieu, which will still be $400.

Historically, developers in Johnston have chosen to pay the fee. In the past two years, only one subdivision has opted to actually meet the open-land requirement instead of paying the fee, said Berry Gray, planning director.

At the moment, about $800,000 sits unused in the open-space fund, Gray said. For a few years before 2003, the fee-in-lieu was $800 per lot -- since then, it's been $400.

The money, meant to fund open-land purchases by the county, has not been touched since the fund was established.

"It's one of those things that we're aware of," Gray said. "I think it's going to be able to do some good."

The latest amendment did not pass through the board unopposed. In December, when it first came up, Chairman Wade Stewart voted against the amendment, forcing a second vote in January. The next month, Stewart and Cookie Pope voted against the rule change, but it passed.

Stewart said that as an "old farm boy," he loves open land but doesn't want to force developers to shoulder the burden of creating open space. "I called it a penalty on the developers for what they're adding, which is usually a positive thing in Johnston County, and that's growth," he said.

Plus, he argued, the county's 68,000 acres of undevelopable wetlands should be enough open space for anyone. And Stewart sees open space, whether included by developers or bought with the fee money, as a potential burden on the county. If the county buys $800,000 worth of open space, he said, then it would be reducing its own tax base.

George Schlecht, a local developer, said the open-space rule was essentially a tax on developers and new residents. "It's unfair to expect the 'new people' to pay for [all the open space]," said Schlecht, who likes open space in his subdivisions. "It's a need for everybody.

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Commissioner Jeff Carver, a supporter of the regulation, said the rules protect a vital resource. "The most valuable of property in the world will never have anything built on it: Central Park in downtown Manhattan," he said.

And Carver sees open-space rules as no different from other regulations the county places on development.

"As our county continues to evolve, I think open space becomes even more critical," he said. The fee-in-lieu money should be carefully deployed, he said, and could be used to buy land that doesn't need much upkeep.

Neighbors' rules

Johnston's policy looks to be more comprehensive than the rules found in neighboring counties like Wayne, Harnett and Wilson.

In Wayne, rainwater run-off regulations have led to larger lot sizes and more private open space. Wayne doesn't require open space unless a developer wants to build smaller lots; then a 25 percent rule kicks in. In Wilson and Harnett, the rules also generally require certain amounts of open space only when a developer wants small lots.

Regardless of the approach, Connie Price, planning director for Wayne, said now might be as good a time as any to review planning rules. "This slowdown in construction gives counties like Johnston a chance to play catch-up on some of their guidelines," he said.