New subdivision regulations phase in closes; rules apply to all now

Kenton County’s new subdivision regulations adopted in March 2015 changed the way infrastructure is built in the county. Not all developers had to use the new standards right away. A phase-in period was included in the document’s text adopted by the Kenton County Planning Commission (KCPC).

“Planning commission members were concerned about subdivisions that had been approved already but not yet built when they adopted the new regulations,” said Scott Hiles, CPC, PDS’ director of infrastructure engineering. “For those developments, changing the rules that governed them mid-stream didn’t seem fair.”

The KCPC allowed a “grace period” for these subdivisions, according to Hiles. Those developments were allowed to continue using the old regulations.

“There was a lot of discussion whether or not those previously-approved developments should be allowed to continue using the old regulations indefinitely until the subdivision was complete, or if there should be a pre-determined deadline. Ultimately, the commission decided to impose a deadline.”

Commission members decided ultimately that previously-approved developments could continue using the old regulations until the end of 2016. That way, those subdivision developers had two full construction seasons to finish the required infrastructure.

Hiles said there were a total of 17 previously approved subdivisions that took advantage of the ability to continue using the old regulations. Eight of those subdivisions were located in Independence, and the others existed in unincorporated Kenton County, Erlanger, Walton, Taylor Mill and Covington.

“Developers of ten of the 17 subdivisions to which this grace period applied didn’t complete construction before the December 31st deadline,” said Hiles. “Two are in unincorporated Kenton County, six in Independence, one in Covington, and one is in Walton”.

Developers of these subdivisions will now be required to submit new improvement plans that contain upgraded infrastructure according to the new subdivision regulations. They will also be required to construct to the new standards.

“These ten developments will have a mix of old and new infrastructure,” Hiles concluded. “But at least we know that from this point forward, only the new infrastructure is permitted.”

Kenton County’s new subdivision regulations may be found online.