30-year-old Fayetteville sewer deal draws county scrutiny

30-year-old Fayetteville sewer deal draws county scrutiny

A request to have property for a residential subdivision on Ga. Highway 92 North connected to Fayetteville’s sewer system had the Fayette County Commission on July 13 instructing staff to request additional clarification from the city.

Though in the unincorporated area, the property has access to Fayetteville sewer by prior agreement between the city and property owners.

Fayetteville Public Services Director Chris Hindman in a June 15 letter said the property off Hwy. 92 North has sewer connection access that was part of the 1987 sewer easement negotiations with then-property owner Marvin Butler.

Frontage on the east portion of the 89-acre property is along Hwy. 92 North.

County attorney Dennis Davenport said there is nothing in the agreement that indicated if the easement was ever accepted by the city, though it probably was.

Davenport said his biggest concern was that the lack of the legal description applies only to Land Lot 156 which is not part of the subject property (Land Lot 157).

Responding to a question from commissioners, Davenport said the property is not contiguous to the city limits, so annexation is not a possibility.

Property representative Donna Black acknowledged the report by Davenport, but noted that the property is close enough to connect to the city, adding that the request is not precedent-setting since such a move has been done on other occasions in other jurisdictions.

Lots are to remain one-acre, Black added.

Commissioners after a brief discussion voted to have Davenport and County Administrator Steve Rapson draft a letter to the city indicating that the information provided was inconsistent and that additional clarification is needed.

Rapson said the item will return to the agenda when appropriate.