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Town representative flags potential problem with ‘family transfer’ language in draft subdivision regulations
Summary
Penn Spell, Sheridan’s representative on the Madison County Planning Board, told the council that the planning board recommended approval of draft subdivision regulations but rejected his suggested change to the family-transfer section; he said state law allows a transferee time ‘up to two years,’ a phrase he considers defective and possibly unenforceable, and he could not find a county resolution setting a timeline.
Penn Spell, the Town of Sheridan’s representative to the Madison County Planning Board, reported to the council that the planning board held a public hearing on Feb. 24 and recommended approval of draft subdivision regulations but declined one of his suggested edits to the family-transfer provision.
Spell said he proposed changing the section that governs family transfers to specify a fixed time limit rather than the state-law phrasing that allows “up to two years.” He told the council he believes the “up to two years” language is defective and unenforceable and that he was told the county addressed the issue with a resolution or ordinance setting a timeline. Spell said he checked with the clerk and recorder’s office and could not locate any such resolution or ordinance.
Spell asked the council whether he should raise the matter with the county commissioners during the readings of the subdivision regulations, write a letter, or let the topic drop. He said he had talked with Ken Walsh, who said he would look into it and try to address it during the next legislative session; Spell told the council he will not pursue further action unless the Town gives him direction.
Commissioner Duke Gilman said he would investigate the ordinance/resolution question and noted the first reading of the subdivision regulations occurred March 18, with a second hearing scheduled in two weeks.
The council did not take a formal vote on the issue; Spell requested further guidance and the town will decide whether to direct him to engage with the county process.
