Rose Island Road Community Preservation

UPDATE 1.22.23 Developer to Request Waiver

Developer resubmitting Rose Island Glen Application asking for sewer waiver "Exceptional Hardship"!

Update 1.23.22

At the 1.18.23 Oldham County Technical Review Committee Hearing (Docket 22-016 for the Rose Island Glen subdivision along Rose Island Road), the developer announced he will be requestng a waiver of Oldham County Subdivision Regulations. This would allow the 94 proposed homes to be put on individual septic systems on subdivision lots rather than be connected to the nearby public sewer system as is required for this development by the Regulations. Granting a waiver would permit the developer to avoid the cost of connecting to public sewers. A waiver would circumvent the prior Circuit Court ruling which overturned Planning Commission approval of the development.

The Developer's Waiver Request and reapproval will be presented for decision before the Planning Commission in a hearing expected to be held February 28, 2023 (Time - TBD).

Please attend this important hearing and voice your opinion on this proposed waiver of Oldham County Subdivision Regulations. The regulations are to protect your health, safety and the environment. Vigorus Community presence and opinion strongly influences County Planning Commission decision making.

Save the Date: Feb 28, 2023

OLDHAM COUNTY PLANNING COMMISSION SCHEDULED TO RECONSIDER ROSE ISLAND GLEN DEVELOPER'S "EXCEPTIONAL HARDSHIP" SEWER WAIVER REQUEST AND REAPPROVAL TO PROCEED WITH THE SUBDIVISION

Scientific American Says:

Dear EarthTalk: What’s better for the local ecology, sewers or septic tanks?

... Another advantage to a shared sewer is that such systems are usually built to withstand heavy loads and can better accommodate periods of heavy precipitation or storm surges that might overwhelm smaller, poorly conceived or maintained home-based septic tanks, which are by virtue of their size and the laws of physics more prone to overflow and send contaminants into nearby surface and ground waters.

ROSE ISLAND GLEN PLAN APPROVAL VACATED ON APPEAL IN OLDHAM COUNTY CIRCUIT COURT

On Friday, August 19 the Oldham County Circuit Court vacated (reversed) the May 2021 Planning Commission’s approval of the Rose Island Glen subdivision preliminary plan based on the question of use of septic vs. sanitary (public) sewer lines. Other appeal complaints, in particular the traffic safety hazards on Rose Island Road, were dismsissed.

"As the Plaintiff has established there is no issue of material fact, they are entitled to judgment under the law with regard to the sole issue of approval of the Rose Island Glen subdivision preliminary, including the proposal for individual septic systems, without findings by the Commission that the subdivision was not within ½ mile of a sanitary sewer line. "

“The Oldham County Planning and Zoning approval of the preliminary subdivision plan, PZ-21-010, Rose Island Glen, is vacated and remanded to the Commission for further review consistent with this Order.”

The Judge found in favor of the Rose Island Road Community Preservation Alliance's appeal that the Oldham County Planning Commission did not make a definitive case for approving the use of septic vs. sanitary sewer systems, citing the Oldham County Subdivision Code’s (OSCR4.7) requirement that sanitary sewer “shall” be used if sanitary sewer service is “reasonably accessible” to any portion of the development boundary. The Judge’s interpretation of the Code’s requirement appears to establish a precedent for the current or future developers to follow regarding this land parcel.

The Alliance will continue to vigilantly monitor the Commission’s actions going forward and engage when opportunities are afforded. The full text of the Judge’s ruling is included in the "Resources" section of this webpage and is available through this link:

2022.8.19 Oldham County Circuit Court Order Vacating Rose Island Glen Approval.

The Judge’s ruling marks the successful culmination of 15 months of active support, donations, legal appeal activity, and patience from the Rose Island Road community.

Many thanks to the Alliance’s supporters in the Rose Island Road Community