County Regional Planning Commission Establishes New Regulations for Subdivision Developments with Five or More Lots

April 9, 2024
By: Dwayne Page

To better ensure that adequate road access for emergency vehicles and sufficient water supply for fire suppression are provided in new county residential developments with five or more lots prior to final plat approval, the DeKalb County Regional Planning Commission has amended the county’s subdivision regulations with new provisions for developers.

The action was taken during Monday night’s regular monthly meeting of the planning commission and will apply immediately to any new developments going forward. According to Tommy Lee, Deputy Director of the Upper Cumberland Development District, who serves as UCDD staff planner and advisor to DeKalb County, these new regulations will not apply to any development over the last five years that has already received at least preliminary plat approval by the planning commission.

“This will be effective immediately and it will apply to any development going forward,” said Lee. “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.

The new regulations were primarily prompted 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 which has been in development for at least two years. Concerns are that this subdivision has poor (narrow) road access into and through it especially for emergency vehicles such as fire trucks and ambulances and that there is 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 collectively for more than $3.5 million. Members of the planning commission also have concerns about whether the surety instrument of the developer in this case, a cashier’s check (good for up to 180 days but reportedly now expired) in the amount of $40,000 was sufficient.

The amendment to the county subdivision regulations approved by the planning commission Monday night seeks to help solve potential problems in any residential development going forward prior to final subdivision plat approval.

The new regulations state as follows:

“The following conditions shall apply to developments containing five (5) lots or more:

1.All lots must be served by a public water source.

2. All lots 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 (per ISO standards)

3.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.

4. 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.

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

County Fire Chief Donny Green first addressed both the planning commission and the county commission last fall with concerns.

According to Chief Green, DeKalb County has grown in recent years with new residential developments, especially around the lake but with it has come rising worries about adequate infrastructure access to these subdivisions.

Among the issues is fire truck and ambulance access to developments in the event of a fire or some other emergency because of many narrow and steep county roads leading to them. Water line infrastructure is also an issue in some places causing concerns about sufficient water pressure to fight a fire.

Chief Green said his intention in raising this matter was not to point fingers at anyone, any developer, or any public official but to merely bring awareness to what appears to be a growing public service and public safety concern and to find ways to mitigate it going forward working with the planning commission and county commission.

“I would like to see the Planning Commission, the Health, Education, and Public Safety Committee, and the University of Tennessee’s County Technical Advisory Service (CTAS) collaborate to work towards a plan to address the critical infrastructure needs that must take place prior to continued development of such areas,” said Chief Green during last October’s County Commission meeting.

County Mayor Matt Adcock commended the planning commission for this action taken Monday night but urged them to strengthen the surety instrument requirements for new developers.

“I would like to commend this planning commission. Tonight, we have made a big step in the right direction in trying to hold the developer more accountable for what he is doing in the community and that is what this planning commission is for. We’re not here for the developer. We are here for the community and the people buying those lots to make sure they have sufficient roads, water, and fire suppression and that’s our goal,” said County Mayor Adcock.

“We have three different surety instruments that we can accept with this planning commission,” said Lee. “We have letter of credit, cashier’s check, and joint escrow account. We have done a joint escrow account (prior with a developer), and it worked really well. Typically, cashier’s checks that we have had didn’t have expiration dates on them and we have also done letters of credit which is basically the bank guaranteeing that funds are there for someone who is going to put up a surety. I agree with County Mayor Adcock that we need to re-look at the types of sureties that we take and especially to make sure we have plain language that surety instruments cannot have an expiration date,” said Lee.

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.

Members of the Planning Commission: Rick Cantrell (citizen member), Danny Pirtle (citizen member), Harold Bain (citizen member), Alan Webb (citizen member), Jack Barton (citizen member), Beth Pafford (County Commissioner), Greg Matthews (County Commissioner), Andy Pack (County Commissioner), and Jeff Barnes (County Commissioner).  Pafford and Cantrell were absent at Monday night’s meeting.

April 8, 2024
By: Dwayne Page

The DeKalb County Schools Art Exhibit will be Saturday, May 18 featuring works of local art students. The annual event, sponsored by the Smithville Study Club, will be held from 1-3 p.m. at the DeKalb County Complex at 712 South Congress Boulevard. The public is invited to attend.

“The Art Exhibit features art from any student from five years of age and older in our county including home schooled students. Two students will be chosen to receive the “People’s Choice” and “Best of Show” awards,” said Art Chair Susan Hinton.

For more information contact Hinton at 615-597-9300 or Smithville Study Club President Dianne Hawkins.
Guidelines for entries:

Entries are accepted for students pre-school 5-year-old classes, grades 1-12

Student must be a resident of DeKalb County. One entry per student

The artwork may be in any medium but must be the original artwork of the student and completed in the calendar school year.

Size-Drawings, collages, or flat pieces-9×12. Must not exceed 12 x 16. Mounted on construction paper. Framed painting, canvasses or stretcher bars 16×20 not to exceed 20×24. Do not submit sculptures, 3-D art. Must be able to stack.

Individual teachers may submit up to 8-10 pieces per classroom and should mount them on construction paper before submitting them. Art instructors do not have a maximum number but art collected from schools where they teach.

Please tape art to construction paper (not glue) so entry form can be moved to the back of larger uniform paper provided by either art teacher or sponsor.

Deadline for entries: Monday, May 2. Art will be picked up at individual schools; home school student art will be picked up at Justin Potter Library.

If you have questions, you may call Art Chair Sudan Hinton at 615-597-9300 (Monday-Thursday). Calls will be returned ASAP. If you reach a recording, please leave a message.

Art may be picked up at 3 p.m. the day of the show. All art remaining will be returned to the school from which it was submitted or to Justin Potter Library. This applies to home school art submitted.

Attach to the back of the artwork with tape and please print student’s grade, homeroom teacher, name of school, art teacher/mentor, description of art work (medium, title, etc), and name of parents.

April 8, 2024
By: Bill Conger

The DeKalb County High School Winter Guard had its best performance of the season at the Southeastern Color Guard Circuit Championship. Held April 5 at Western Kentucky University’s Diddle Arena, the SCGC brought in teams from not only Tennessee but also Kentucky, Missouri, Mississippi, and Alabama.

“WKU Diddle Arena is a very large and intimidating place, Color Guard Director Shannon Johns said, “but these performers didn’t let that keep them from giving the audience a great show.”

The DCHS Winter Guard improved its score and placed 9th out of 13 teams in its class.

The team headed to Bowling Green Friday afternoon (April 5) and hit the ground running.

“We found a parking lot near the arena where we could practice,” Johns said. “After about an hour of practice, we had to go over to the food court to eat and then check in, before getting in costume and makeup for the show. The team performed at 7:49 and had their best performance of the season. In addition to some parents, a few of our alumni made the drive to support the team as well.”

“This season has not been without challenges, but this team has handled it all in stride and continued to grow and represent DeKalb County very well,” Johns added. “I hope they continue to carry the lessons learned in this and previous seasons with them and keep shining. I have been honored to lead this team and coach these and all of my former students. Not only do they make me proud in their performance, but also in the ways I see their character develop and grow over time. I am and will always be proud of the DeKalb County color guard team!”

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