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 Vidalia
 Code of Ordinances
 Appendix B. SUBDIVISIONS
 Article XIV. PREVIOUS SUBDIVISIONS EXEMPT

§ 1401. "Grandfather" clause.

Latest version.

  • (a)

    Any subdivision or parcels of lands that have previously been platted and so recorded in the office of the clerk of the superior court of Toombs County or Montgomery County, Georgia, as of the effective date of this ordinance, shall not be subject to provisions of these currently enacted subdivision regulations, but shall only be subject to any previous ordinances, regulations, and zoning requirements that were in existence at the time of said previous development; that is to say that these subdivision restrictions and requirements are to be prospective in nature and not retrospective.

    (b)

    Any owner of parcels of lands as of the effective date of this ordinance who had previously platted said land but not recorded the same in the office of the clerk of superior court of Toombs or Montgomery county shall also be exempt from the provisions of these regulations, subject to the terms of paragraph (c) below.

    (c)

    Subdivisions currently existing under the old subdivision regulation and which shall be governed by the old subdivision regulation are as follows:

    Heath Estates,
    Villa Maria,
    Southgate,
    Sharpstead and Donnie Morris Subdivision.

    All other subdivisions must be filed and approved by the city council, based upon recorded plat or other clear documentation in order to be exempt from the provisions of the subdivision requirements.

    (1)

    Owners of the specified five (5) subdivisions shall have six (6) months from January 9, 1995, within which to file with the council necessary documentation to establish their exception from the provisions of the subdivision ordinance. Once their status is approved, the developer shall have twenty-four (24) months from date of approval to complete the development of the subdivision according to the following specifications. Any subdivision not specifically listed as exempt above and which has not filed for exemption under the provisions of this Code section on or before August 1, 1997, shall hereafter comply with all requirements of the subdivision ordinance currently in existence for development.

    (2)

    The city will participate under the following formula on all subdivisions exempt from the application of the subdivision ordinance:

    a.

    The city will participate with one-half (½) of the cost of basing;

    b.

    The city will participate with one-third ( 1/3 ) of the cost of paving;

    c.

    The city will share cost of water and/or sewer installation on a fifty/fifty split for all administrative requirements for documentation, permitting, design and development for the project will apply and will be coordinated through the offices of public works director and building inspector.

(Ord. of 10-13-86; Ord. of 1-9-95)