Life is what happens to you while you’re busy making other plans – John Lennon
There are numerous plans that have been put together by incredibly smart and hard working leaders in the community. We have the Jefferson County Comprehensive Plan. It is comprised of over 150 pages and you can read it here. The stated goals are good and there is a wealth of great information contained in it. By the way, we have a county Cultural Plan also and you can read that here. My appreciation of culture ranges from William Shakespeare to Willie Nelson.
In the Comprehensive Plan (which from here on we’ll call”the Plan”) there is this statement: “Planning is a process found in most businesses, organizations and in the personal lives of many – Just as the farmer or businessman must plan activities that affect the success of his business, so should a community plan the activities that affect its rational growth and development” (p. 16). While it is true that businesses, organizations and individuals benefit from planning, there is an important distinction between those plans and government planning. In private business, private organizations and the private lives of individuals there is usually consensus on the part of the stakeholders. Those who disagree can and do opt out. In government, there is almost never consensus – there is usually majority rule, at best. Further, the decisions can take on the force of law. Therefore they have to be considered extremely carefully. Like the physician – first do no harm. There is much to agree with in the Plan. One stated goal is for local economic development. It appears that there is almost unanimous agreement that we should be able to live and also work in the county. But I’m sure there is a wide range of opinions as to how to go about it. Therefore, as stated within the Plan itself – it is intended to be a guideline. The Plan even acknowledges that it contains conflicting provisions – so we should therefore understand that it is not a road map.
One of the reasons for the creation of the Plan is to conform to state code with regard to zoning. The Plan contains a synopsis of the zoning initiatives of the past. According to the Plan, the first attempt at zoning was placed on the ballot in Jefferson County in May of 1976. It was defeated by a three to one margin, which is similar to the margin of defeat for the most recent referendum. In 1988 another zoning plan was proposed. To quote again from the Plan (again page 16): “In order to avoid the problems experienced in 1976, a flexible zoning system was proposed that allowed property owners a wide degree of latitude in planning the future development of their properties”. This Zoning Ordinance was adopted in 1988, and it was not challenged at referendum. It would appear that we who live in Jefferson County are sensitive about being told what we can do with our own land. I don’t blame us for that. That zoning ordinance is still in place today. It is called a LESA Ordinance. There are amendments to LESA that have been approved in court that have made changes to the ordinance. These changes have negated some of the offered reasons for the new ordinance, particularly with regard to predictability.
In 2008, a brand new 155 page book of new Subdivision and Land Development Regulations was adopted that you can read here. Having Subdivision Regulations makes sense, as long as they are reasonable. We as a community have the right to set certain standards again, as long as they make sense. However, the new Subdivision Regulations presumed the acceptance of the new zoning ordinance and many of these new regulations refer to the ordinance that was rejected by the public. Sounds like some folks took us for granted. I vow never to do that.
I believe that we need to protect our environment, and that we need to preserve the character of our community. Additionally, although Jefferson County is one of only two counties in the state that have a zoning ordinance, most have Subdivision Regulations. Berkeley County defeated an attempt at enacting a zoning ordinance but it does have existing subdivision regulations.
Government is most relevant at the local level. However, we also need to protect the rights of our citizens. That should be the primary objective of government. Property rights are one of our most important and cherished rights. All of the plans and regulations add up to hundreds, if not thousands of pages of intrusion into our lives, and represent the erosion of rights and freedoms. Additionally, in order to enforce ordinances and regulations, more and more bureaucracy is created adding to the size and cost of government.
In my research, I did come across a plan that that does deal with genuine public safety issues. It is also quite long and involved. It deals with risk assessment and mitigation plans. It assesses the potential risks of natural and other disasters. It also proposes plans as to how and to mitigate these risks to minimize their effects. You can read that here. Here’s a plan that deals with the protection of life and property.
There is one plan that no one talks about much anymore, and ‘m sure that there are many folks that would roll their eyes at its mention ‘ and that is God’s Plan. Yet, I’m sure that it is the best plan of all. The thing I like most about it, is that I do not know what it is. I’ve never seen it on the internet. It doesn’t exist in PDF format. If someone has seen it, please let me know.
Setting standards is important. However, planning implies a shared vision. It would be great if everyone agreed on a vision of the future of our county. If we did, however, we would not need a plan. This does not mean I am against planning per se, but I am wary of it. We can achieve our goals while respecting property rights. There are ways to achieve goals that do not resort to force. There are many wonderful commercial and cultural outcomes that result from the spontaneous actions of the combined efforts of all of the individuals in our community. I believe that the heavy hand of government inhibits great outcomes.
Elliot Simon
Planning
Life is what happens to you while you’re busy making other plans – John Lennon
There are numerous plans that have been put together by incredibly smart and hard working leaders in the community. We have the Jefferson County Comprehensive Plan. It is comprised of over 150 pages and you can read it here. The stated goals are good and there is a wealth of great information contained in it. By the way, we have a county Cultural Plan also and you can read that here. My appreciation of culture ranges from William Shakespeare to Willie Nelson.
In the Comprehensive Plan (which from here on we’ll call”the Plan”) there is this statement: “Planning is a process found in most businesses, organizations and in the personal lives of many – Just as the farmer or businessman must plan activities that affect the success of his business, so should a community plan the activities that affect its rational growth and development” (p. 16). While it is true that businesses, organizations and individuals benefit from planning, there is an important distinction between those plans and government planning. In private business, private organizations and the private lives of individuals there is usually consensus on the part of the stakeholders. Those who disagree can and do opt out. In government, there is almost never consensus – there is usually majority rule, at best. Further, the decisions can take on the force of law. Therefore they have to be considered extremely carefully. Like the physician – first do no harm. There is much to agree with in the Plan. One stated goal is for local economic development. It appears that there is almost unanimous agreement that we should be able to live and also work in the county. But I’m sure there is a wide range of opinions as to how to go about it. Therefore, as stated within the Plan itself – it is intended to be a guideline. The Plan even acknowledges that it contains conflicting provisions – so we should therefore understand that it is not a road map.
One of the reasons for the creation of the Plan is to conform to state code with regard to zoning. The Plan contains a synopsis of the zoning initiatives of the past. According to the Plan, the first attempt at zoning was placed on the ballot in Jefferson County in May of 1976. It was defeated by a three to one margin, which is similar to the margin of defeat for the most recent referendum. In 1988 another zoning plan was proposed. To quote again from the Plan (again page 16): “In order to avoid the problems experienced in 1976, a flexible zoning system was proposed that allowed property owners a wide degree of latitude in planning the future development of their properties”. This Zoning Ordinance was adopted in 1988, and it was not challenged at referendum. It would appear that we who live in Jefferson County are sensitive about being told what we can do with our own land. I don’t blame us for that. That zoning ordinance is still in place today. It is called a LESA Ordinance. There are amendments to LESA that have been approved in court that have made changes to the ordinance. These changes have negated some of the offered reasons for the new ordinance, particularly with regard to predictability.
In 2008, a brand new 155 page book of new Subdivision and Land Development Regulations was adopted that you can read here. Having Subdivision Regulations makes sense, as long as they are reasonable. We as a community have the right to set certain standards again, as long as they make sense. However, the new Subdivision Regulations presumed the acceptance of the new zoning ordinance and many of these new regulations refer to the ordinance that was rejected by the public. Sounds like some folks took us for granted. I vow never to do that.
I believe that we need to protect our environment, and that we need to preserve the character of our community. Additionally, although Jefferson County is one of only two counties in the state that have a zoning ordinance, most have Subdivision Regulations. Berkeley County defeated an attempt at enacting a zoning ordinance but it does have existing subdivision regulations.
Government is most relevant at the local level. However, we also need to protect the rights of our citizens. That should be the primary objective of government. Property rights are one of our most important and cherished rights. All of the plans and regulations add up to hundreds, if not thousands of pages of intrusion into our lives, and represent the erosion of rights and freedoms. Additionally, in order to enforce ordinances and regulations, more and more bureaucracy is created adding to the size and cost of government.
In my research, I did come across a plan that that does deal with genuine public safety issues. It is also quite long and involved. It deals with risk assessment and mitigation plans. It assesses the potential risks of natural and other disasters. It also proposes plans as to how and to mitigate these risks to minimize their effects. You can read that here. Here’s a plan that deals with the protection of life and property.
There is one plan that no one talks about much anymore, and ‘m sure that there are many folks that would roll their eyes at its mention ‘ and that is God’s Plan. Yet, I’m sure that it is the best plan of all. The thing I like most about it, is that I do not know what it is. I’ve never seen it on the internet. It doesn’t exist in PDF format. If someone has seen it, please let me know.
Setting standards is important. However, planning implies a shared vision. It would be great if everyone agreed on a vision of the future of our county. If we did, however, we would not need a plan. This does not mean I am against planning per se, but I am wary of it. We can achieve our goals while respecting property rights. There are ways to achieve goals that do not resort to force. There are many wonderful commercial and cultural outcomes that result from the spontaneous actions of the combined efforts of all of the individuals in our community. I believe that the heavy hand of government inhibits great outcomes.