15 September 2015
The county’s new hardball approach to the unapproved roads in Fluvanna is getting at least one subdivision fixed.
On July 15 the Board of Supervisors voted to deny Liberty Home’s appeal of Planning and Zoning Administrator Jason Stewart’s decision that the Cunningham Meadows subdivision off of Rt. 53 is in violation of the subdivision ordinance by not having its one road, Cunningham Meadows Drive, built to Virginia Department of Transportation (VDOT) standards and accepted into the state system.
The implication of Stewart’s decision, and the Board’s upholding of that decision, is that Liberty Homes is unable to continue to develop lots in that subdivision or sell any existing houses, because the county will not issue building permits or certificates of occupancy until the subdivision is brought into compliance.
So “as of Monday [Aug. 31], Liberty Homes was meeting with an excavator company, and they were trying to come up with an estimate of what they would need to do to either put up a bond or pay money to fix the road,” Stewart told supervisors Sept. 2.
“This is the one you held the line on and said, ‘No, it’s their responsibility, they’re the successor developer,’” County Administrator Steve Nichols reminded supervisors. “And they’re actually moving now.”
If a subdivision’s initial developer goes bankrupt, the successor developer bears the responsibility to fix the roads. After the bankruptcy of Keith Smith, the original developer of Cunningham Meadows, Liberty Homes bought lots in the subdivision in order to build homes to sell. In the county’s opinion, that makes Liberty Homes the successor developer.