Developers at Feather Bay will be back before commissioners — this month, they hope — to get plat approval for Phase II of the development.

But until the group has assurance from the city of Brownwood the sewage delivery system they seek can and will be installed, Brown County Commissioners said they would wait — as they did Monday — to take action.

Phase II of the Feather Bay Development is platted for 185 lots of “approximately” a quarter acre in size. Lots smaller than a half acre cannot be approved, by current law, to have on-site septic systems.

Brown County Judge Ray West said that by law the county must be assured the development “has or will have” a sewage delivery system. Even if the plat were approved, West said, no one can build on the lot until there is a system for delivering sewage, that is not on-site septic systems.

Rich Jennings, attorney for Colorado Mountain Development and Feather Bay Land Management Co. Inc., told the court, “What we try to do with our buyers is have full disclosure. We don’t guarantee roads, we don’t guarantee utilities.

“That may seem harsh, but our company has 40 years of history of successful developments and we do that, in part, by disclosing everything up front. We’ve never failed.”

Jennings said many of those purchasing lots at Feather Bay are second home buyers or buying the lot for a weekend getaway. Some, will pay on the lot for several years before being ready to build, he said.

It isn’t uncommon to be working out the details of roads, utilities and the sewer delivery system while lots are being sold.

Jennings produced a copy of a letter from then Interim City Manager James Campbell, dated July 3, indicating the city of Brownwood was interested in working out a plan with the Feather Bay Developers.

The city has “more than enough capacity” to run a mainline to the subdivision, Jennings said.

Precinct 3 Commissioner Richard Gist said, “My concern is if it is not there now, what happens if lots are sold and the waste water treatment plans fall through? What happens to John Q. Public who bought a lot?”

“I think we’re looking for something more recent than July 3, something that indicates more of a promise from the city of Brownwood,” said Precinct 2 Commissioner Joel Kelton.

Gregg McMurtrie, chief operating officer for the development company said after the meeting, “This is a delay. We understand the concern. We will be doing what we can to get with the city attorney, city officials to do what we need to do. Everything we’ve been told is positive, and we feel like this is going to be approved. It just hasn’t happened yet.”