Fairview Farms Homeowners Association

I looked up the street standards that were adopted in 2015 by the City (Sec. 410.190).  It reads as follows:

General Standards.  The arrangement, character, extent, width, grade and location of all streets shall be considered in their relation to existing and proposed streets, to topographical conditions, to public convenience and safety, roadway maintenance and access by emergency vehicles and in their appropriate relation to the proposed uses of the land to be served by such streets.  In subdivision developments of more than 100 units, two or more access points to the city's street system shall be constructed.  Streets shall be constructed in compliance with the requirements embodied within the engineering design criteria, latest edition and the construction specifications and standaard detail documents as approved by the city engineer and on file in the office of the city clerk.

Since this was adopted in 2015, approximately 16 years after Fairview Farms was built, our subdivison has not been in compliance since we have only one way to enter and exit.  Therefore, in my humble opinion, we should be grandfathered.  

Thoughts?

I completely agree.  As this is worded..."shall be constructed", refers to future construction and not past...in my opinion.  The city cannot pick and choose which aspects are grandfathered and which are not.  So, if they were to push and enforce the connection to another subdivision, they would also have to address any and all other changes up to and including completely connected sidewalks throughout the ENTIRE subdivision.  Since they are unwilling to address sidewalks due to the costs involved and the fact that many homeowners would likely not be willing to sign and agree to sidewalks being added in their front yards, this is ultimately no different.

We completely agree too. It should be grandfathered as it DOES say SHALL BE CONTRUCTED.

I think it's only fair if this was enacted in 2015 all subdivisions should comply, our elected officials should lead by example.

Thank you for looking this up, I appreciate the time you put in with the HOA.