Major Site Planning Considerations

A major site change is any major change to an approved site map that is not approved by the local government and cannot be passed administratively through the county planning department. Major revisions of an approved plan are subject to an in-lieu of the clause in the original agreement between the developer and the local agency. Unless certain conditions are met (e.g., the proposed change would result in the overruling of another statutory or regulatory provision) the subdivision of real property involved in an approved plan is deemed a major site change and is subject to the usual zoning review and approval processes.

In most cases, a change in land use or physical property configuration will require a statutory or regulatory amendment to the Comprehensive Planning Code. In most jurisdictions, there are no statutory amendments or regulatory amendments required for minor changes in land use. If, however, the proposed change entails a change in the boundaries of existing properties, the affected properties must first be submitted to the local agency. If the local agency approves the proposed change, a certificate of title will then be filed with the county recorder. The title must list the name of the local agency, the office of the recorder, and the name of the person or entity responsible for recording the certificate.

Once the certificate of title has been filed, the next step is for the proposed change to go through the statutory requirements for public notice. Every community has a minimum period of time during which a municipality is required to give notice of any proposed alterations to its local land use plan. If the proposed alteration would result in such a drastic change, the municipality is required to give notice prior to the adoption of the new plan.

Depending on whether the proposed zoning change is a major site change or an insignificant change, the zoning change will either be considered an Ordinance, an Existing Law, or a revision or supplemental zoning ordinance. If the change is deemed an Ordinance, it must be filed with the city clerk and must be presented for approval at the regular City Council meeting where all City Council meetings are held. If the change is deemed an Existing Law, the decision must be made by the state's attorney general. The state attorney General has thirty days in which to determine whether the proposed Ordinance is lawful.

Once both the City and State to decide that the proposed ordinance is unlawful, the parties can proceed with court proceedings. In most cases, this will mean a suit being filed in county court. If the suit is brought by a party that is not a neighbor or an owner of real estate, the County Court will issue an order that allows the zoning changes to go into effect. However, if the party bringing the suit is a neighbor, the judge may choose to hold a non-judicial foreclosure proceeding in which no evidence is required to be presented in order to support the lawsuit. If the court does not rule in favor of either party, an appeal of the ruling can be done to the state court's supreme court.

In addition to potential zoning issues, there could also be issues with the boundaries of a Major Site. It would be good to find out what those boundaries are before purchasing property within them. Some jurisdictions set a minimum distance from the property line to the edge of the property in a Major Site, while others allow for unlimited distance. These minimum distances are very important in protecting natural resources, especially water. In most states, if any part of a Major Site is changed and this change affects the groundwater quality, the owner of that land can be held responsible for the problem. Click here for more details about lagalgaxy1