Residents and commissioners at odds over development

SMITH LAKE  - Regulations regarding the development of subdivisions vs. RV parks have created a major disagreement between some landowners at Smith Lake and the Winston County Commission over who should govern those regulations.
 A group of concerned residents came to a recent county commission meeting to express their concerns over the ongoing development of a lakeside RV park, which residents claim poses a contamination threat to the lake, among other concerns.
Larry Welton was joined by Chris Morgan, president of the Sipsey Oaks South Homeowners Association and Harold Martinez, president of the Stoney Point Landing HOA,  in expressing grievances about the development occurring on County Road 16, located 2.4 miles west of County Road 41 on bluffs above the lake.
Welton said he represented about 120 homeowners who have signed petitions requesting the commission enforce regulations on RV parks.
Welton said he and other landowners reached out to the commission at the recent meeting about applying existing subdivision rules and regulations to the RV park.
Welton claimed concerned individuals had some time ago contacted the commissioners, as well as Commission Attorney Hobby Manasco about these issues.
“This started in 2017, when it was first brought to my attention,” Welton began. “Several homeowners  heard the developer was going to be making an RV park.”
The residents were also under the impression that development had to fall under regulations for subdivisions, so the residents claimed they contacted their commissioner, which for the east side is Bobby Everett.  Welton also stated that he spoke with Commission Chairman Roger Hayes and Manasco about the issues.
The definition of a  subdivision for Winston County is when a person having an interest in land causes it to be divided into two or more lots, plats or sites who sells, leases or develops any interest in those lots, parcels or sites, according to Roadway/Subdivision Regulations for Winston County Alabama, which was revised and adopted by the Winston County Commission on Dec. 10, 2018.  The document, which was obtained by the Alabamian, listed the commission at that time as being comprised by Hayes as commission chairman and Everett and David Cummings as commissioners.
“The very act of developing multiple sites is the determinate factor,” the definition reads. “The reason is, since the county has no control over the sale, they only have regulatory control when the property is being developed.”
According to Section 3-2-55, a subdivision shall also include all divisions of land involving the dedication of a new street or a change in existing streets.
Concerning county commission having authority over such developments, the document reads, “the county commission is the authorizing agent for development in all unincorporated areas in Winston County.”
The landowners noticed earlier this year that roads were being constructed and several septic tanks added to the development, as well as a bath house and boat launch, according to Welton.
Article 1 of Winston County Subdivision Regulations specifically states, “It is hereby declared to be the policy of Winston County to consider the subdivision of land and the subsequent development of the subdivided land as subject to the control of the Winston County Commission pursuant to the authority granted to the county by the Code of Alabama.”
Welton noted that the articles or regulations do not specifically exempt RV parks from subdivision rules and regulations.
He asked why the commission was refusing to adhere to the subdivisions mandates in place.
“It’ not whether you want to or not. It’s mandated that the county commission enforces rules and regulations,” Welton pointed out.
“All of us are homeowners. All of us have been land developers. We’re strong believers in personal property rights.
“We’re not saying (the developer) cannot build an RV park,” Welton continued. “He should be required to comply with the existing rules and regulations of the county.
“An RV park does present some  very special issues that have to be addressed, different than regular housing you normally deal with,” he said.  Roads and sewers are two of the paramount ones.
“I feel the public has been stifled about what is happening at the commission level,” he added. “If we have an accident or a sewer leak and it goes into the lake, the county is laying themselves out to a large lawsuit.”
Welton then referred to a case decided by the Alabama Court of Civil Appeals in 2007,  Wayne Dyess vs. Bay John Developers II, LLC, where a developer wanted to build condominiums in an unincorporated area of Baldwin County. The argument was the commission did not have the authority to control that property due to no zoning regulations on that property.
Although the developer won the first case in district court, the decision was appealed by the commission to the appellate court, which overturned the ruling, Welton explained.
The case was appealed several times, ultimately ending up at the Alabama Supreme Court, which upheld the decision of the appellate court, Welton explained.
The ruling defined a subdivision as any new street, drainage or public improvements that applies to all multi-family developments.
The ruling also outlined the definitions of a subdivision and who has control over its development.
The ruling reads, “The county commission is granted broad authority over subdivisions located outside municipal boundaries. The commission can exercise general police powers over developments to provide for safe and efficient growth.”
Manasco noted concerned lake residents had a lengthy discussion with the commission about these issues.
“They got to say everything they’ve got to say,” Manasco pointed out.
“We are not creating RV regulations,” stressed Hayes. “He (Welton) says we have to. We don’t have to. We already have it verified by our attorney. We already have it verified by the state.”
The word “can” in the ruling means the commission has the option, but is not mandated, to govern such regulations, according to Hayes.
The chairman cited Morgan, Limestone and Cullman counties do not have regulations, contrary to what Welton stated.
“I called over there. They don’t have regulations on RVs. Limestone County doesn’t have it.”
In such cases, such development would fall under regulations of the health department, county officials stated.
“If they had anything that was objective to what (we said), we said to give it to our attorney,” Hayes continued. “They didn’t carry one piece of paper to our attorney.”
In reference to the conversation that Welton stated he had some time ago with the commission regarding RV park regulations, Hayes responded with emphasis, “I didn’t tell him and I don’t think any other commission

told him they had regulations or would do regulations.”
Manasco cited the Supreme Court case to which Welton was referring specified that county commissioners have only the option of enforcing RV park regulations, but are not required to do so.
“Why would we do it?” asked Hayes. “The counties around us, bigger than us, are not doing it.”
Hayes noted the commission has in place regulations for subdivisions, but that is not related to RV park regulations.

“That’s the position of the county,” Manasco stated. “We have subdivision regulations and they apply as defined, but outside of that, we do not have RV regulations. There are two separate categories.”
When asked if the county could foresee any problems resulting from the ongoing RV park development, Hayes answered, “I am not going to be getting into it because if bigger counties are not doing it, why should we do it?”

Hayes stressed that RV parks, as well as subdivisions must adhere to health department regulations.
However, Welton produced documentation  quoting Section 22-2-2 of health department regulations which states, “Approval by the health department does not constitute or imply approval by the county or other governing agencies.”
Also page 25 of section 6-1 of County Subdivision regulations states, “minimum standards can be exceeded if public health, safety and welfare are not protected.”
Welton, therefore, disagrees about the county’s stance on RV park development.
“What we have here is an RV park that is divided up into multi-family dwellings in the unincorporated area of Winston County. It couldn’t be clearer,” Welton said.
Morgan added last year this issue came to the forefront when over half of the neighborhood showed up for a homeowners association meeting.

“We recommended all of the residents in the neighborhood reach out to the county commissioners,” Morgan said.
“We started a letter writing campaign. We had about 70 percent of our neighborhood write letters explaining why they did not want this there.
“The biggest thing that came up, that terrifies a lot people, is the inadequate roads to be feeding into an RV park,” Morgan specified.
County Road 16, or Falls City Road, was described by Morgan as being narrow, curvy and treacherous.
“It’s not meant for the traffic that’s on it now, much less when we start adding RVs,” Morgan pointed out.
Other fears from homeowners mounted about Smith Lake.
“This area loves the lake,” Morgan said. “We know it’s a gem to this county.  We know how clean it is, so we’re fearful of some type of septic run-off.”
Morgan added that residents are fearful that due to this development, their property values will decrease.
“Why is it that they (the county) are not holding this developer accountable to follow this process, to hold a public hearing, the roads, everything?” Martinez asked. “There is something, and that is what our community is concerned about. Why is it that we go through all of this when we are building homes?”
Welton stated that RV parks count as subdivisions because they are multi-family developments, according to a letter from the Alabama Attorney General dated Nov. 8, 2017.
“RV parks are growing, just like our county is growing,” noted Everett. “Regulations are needed in a lot of Alabama, as well as the county.”

Everett said the county has not had any problems with RV parks. Currently, Hidden Cove RV Resort operates in Arley, and RVs are allowed at Corinth Campground.
“In the future, we need to look at our regs and see if there’s something we need to be doing that would give the opportunity to address something that is coming at us that is building down the road,”  Everett said.
However, Everett added he is currently for leaving this issue alone.
“I am not for changing anything,” Everett said. “We’re not saying there’s a problem. We’re saying the county has not taken a stance on RV regs in any other form.
“We need to be able to go through our engineer and the State of Alabama, see what the surrounding counties,” Everett said.

When told that some residents are fearful the ongoing RV park development could cause water contamination issues, Everett responded, “You can be fearful of a plane crashing on you, but until it happens, you just have to live your life.”