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Dr. Kxebser asked it tne Planners had received an opinion in writing from Commonwealth Attorney George Davis as to which takes precedence—the zoning ordinance or the subdivision ordinance. At last month’s meeting, the Planners requested an answer in writing after learning of Davis’ belief that the subdivision ordinance overrides the zoning ordinance.
According to Davis, this effectively removes all growth controls.
As long as developers adhere to the criteria set forth in the subdivision ordinance, then the Supervisors and Planning Commissioners have no , option but to approve development proposals, according to the Commonwealth Attorney.
Miller answered that the Commission had received no written response from Davis but had met with him and the Board of Supervisors in a special executive session. When asked what Davis had said, Miller declined to elaborate, stating that he wasn’t clear on the Commonwealth Attorney’s opinions and would prefer not to relay second-hand information. He suggested instead that Krebser ask Davis himself.
Miller concluded that the Planning Commissioners were checking with other legal experts to see if what Davis maintained was correct.
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