Good Morning All:
We are having an issue, which I don't think can be unique to us, I am seeking some perspectives and advise from some of you who have dealt with this already. Recently, some developers have been bringing in older subdivision plats to begin building out. These are pre-recession approved plats, some are 15+ years old which have sat around for all this time. While they have been sitting the county has changed a great deal. Many of these plats have requirements, the most askew one is house size (minimum sq ft.). Our subdivision ordinance only addresses preliminary plats, which states preliminary plats 2+ years have to be resubmitted for approval. Final Plats do not have a time limit currently for needing re-approval. Our caselaw in this area is non-existent from our research, so I am asking other jurisdictions what is the legal standing of making a developer bring in final plats for reapproval? Does it matter if no dirt has been turned or lots sold? Can the conditions of approval be changed in your areas so long as no detrimental reliance has occurred after final plats have been recorded? Any insights are appreciated on this topic. Thanks
-Sam
Samuel T Barber
Smith, Phillips, Mitchell, Scott & Nowak, LLP
2545 Caffey Street
P.O. Box 346
Hernando, MS 38632
(Ph.)662-429-5041
(Fax) 662-429-0107
sbarber@smithphillips.com
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