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The provision for appeal of a subdivision is now included as part of the preliminary plat approval, Mr. Konick noted. That appeal provision should be for a final plat, but it should not be eliminated, as the second amendment proposes, he said. “I don’t think it’s fair to have a subdivision ordinance that precludes an appeal. I don’t think it’s constitutional.”
Judge Shore Robertson, in a Rappahannock zoning case now pending, has already ruled that adjoining landowners do have the right to appeal approval of a subdivision; that they do have standing, according to Mr. Konick. “To protect the county, you should establish a procedural mechanism for an appeal,” the attorney suggested, proposing that a time limit be set for lodging an appeal.
Citizens have the right to appeal adoption of a zoning ordinance amendment or issuance of a variance or a special use permit, he pointed out. “There’s no reason why they shouldn’t have the right to appeal a subdivision ordinance exception.”
Phil Irwin, president of the Rappahannock League for Environmental Protection, added his second “for just about everything” Mr. Konick said. He expressly voiced concern
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