Newbern Planning Commission votes on storage issue, discusses street acceptance

First on the agenda, was the issue of buffering on the parking lot of the Wrangler building on Nora Street. Residents had complained of a business storing materials on the Wrangler parking lot and not providing an adequate sight buffer (i.e., fence). Roberts confirmed to Pate the problem had been corrected and said the people associated with the business had been very cooperative.

Pate added the guideline to the ordinance of light and heavy industrial districts that all storage of materials would have to be stored inside a structure. The motion to accept the amendment to the ordinance with as many readings for it to take affect was seconded and passed by a unanimous decision.

Next, the board agreed to defer going over changes in Tennessee Code Annotated from 2008-2009 until the next meeting.

Next, Pate brought up the issue of street acceptance.

"Once a street is built by the developer it is not a public street even though it's got a public sign on it until the legislative body actually votes on it," said Pate.

He said that also pertains to utilities and drainage facilities. Since Newbern is a municipal/regional planning commission they have authority outside the city limits as it relates to opening a road. As it stands, most road openings correspond to the subdivision process. Alley and street closings would also fall under the process.

Pate cited the United States Supreme Court Case of Hamilton vs. Foley (1988) in which the court ruled a road is not public unless the city board or county commission votes on it. Tennessee legitimized the decision and made it a state law.

Dennison said he understood the law to read that if a street was installed with utilities and sewage, it was automatically accepted by the city after one year. He gave reference to streets such as Pine Hill, Gray Stone and Crown Pointe, which had never been voted on.

"I don't ever remember of any street coming before the board since I've been here in '94 that the board ever voted on," said Dennison.

He said he thought if the contractor built it and there wasn't anything wrong with it after the first year the city automatically took it over.

Pate said he would hope the city would accept an acceptance policy.

He also recommended the city board should authorize a resolution leading to an ordinance where the city accepts all drainage, pavement and specific improvements and excluding things not approved, such as private sidewalks or entrances on a public right-of-way.

Dennison asked the board if they were familiar with the brick columns at Crowne Pointe. He asked rhetorically if the city accepted the street then should they also be responsible for the shrubbery and lights next to the columns.

Pate said you don't want to hire a landscaper every time, but it helps sell the subdivision.

Dennison said he may be speaking out of order by living at Crowne Pointe, but he felt with the taxpayer money coming in from those houses, he didn't have problem with the city being responsible for the entrance.

"I want ya'll's opinion on it, because I live out there," said Dennison.

Pate suggested the responsibility needed to be figured on the front end rather than the back end and legislative body could accept or refuse it.

Ogden brought up an issue about tractor-trailer trucks being parked on city streets. He said almost every weekend at least two tractor-trailers are parked in his subdivision. He posed the question as to who should be responsible for the streets when they start failing due to the wear and tear of the trucks. Pate said it was an M Task issue.

Ultimately, the board agreed Pate would draw up the paperwork for the commission to act on a resolution and an ordinance to go before the city board on accepting and excluding easements.