15.2-2259 - Local planning commission to act on proposed plat.
§ 15.2-2259. Local planning commission to act on proposed plat.
A. 1. Except as otherwise provided in subdivisions A 2 and A 3, the localplanning commission or other agent shall act on any proposed plat within 60days after it has been officially submitted for approval by either approvingor disapproving the plat in writing, and giving with the latter specificreasons therefor. The Commission or agent shall thoroughly review the platand shall make a good faith effort to identify all deficiencies, if any, withthe initial submission. However, if approval of a feature or features of theplat by a state agency or public authority authorized by state law isnecessary, the commission or agent shall forward the plat to the appropriatestate agency or agencies for review within 10 business days of receipt ofsuch plat. The state agency shall respond in accord with the requirements setforth in § 15.2-2222.1, which shall extend the time for action by the localplanning commission or other agent, as set forth in subsection B. Specificreasons for disapproval shall be contained either in a separate document oron the plat itself. The reasons for disapproval shall identify deficienciesin the plat that cause the disapproval by reference to specific duly adoptedordinances, regulations, or policies and shall identify modifications orcorrections as will permit approval of the plat. The local planningcommission or other agent shall act on any proposed plat that it haspreviously disapproved within 45 days after the plat has been modified,corrected and resubmitted for approval.
2. In localities with a population greater than 90,000 based on the 2000United States Census, the approval of plats, site plans, and plans ofdevelopment solely involving parcels of commercial real estate by a localplanning commission or other agent shall be governed by subdivision A 3 andsubsections B, C, and D. For the purposes of this section, the term"commercial" means all real property used for commercial or industrial uses.
3. The local planning commission or other agent shall act on any proposedplat, site plan or plan of development within 60 days after it has beenofficially submitted for approval by either approving or disapproving theplat in writing, and giving with the latter specific reasons therefor. TheCommission or agent shall thoroughly review the plat or plan and shall ingood faith identify, to the greatest extent practicable, all deficiencies, ifany, with the initial submission. However, if approval of a feature orfeatures of the plat or plan by a state agency or public authority authorizedby state law is necessary, the commission or agent shall forward the plat orplan to the appropriate state agency or agencies for review within 10business days of receipt of such plat or plan. The state agency shall respondin accord with the requirements set forth in § 15.2-2222.1, which shallextend the time for action by the local planning commission or other agent,as set forth in subsection B. Specific reasons for disapproval shall becontained either in a separate document or on the plat or plan itself. Thereasons for disapproval shall identify deficiencies in the plat or plan thatcaused the disapproval by reference to specific duly adopted ordinances,regulations, or policies and shall identify, to the greatest extentpracticable, modifications or corrections that will permit approval of theplat or plan.
In the review of a resubmitted proposed plat, site plan or plan ofdevelopment that has been previously disapproved, the local planningcommission or other agent shall consider only deficiencies it had identifiedin its review of the initial submission of the plat or plan that have notbeen corrected in such resubmission and any deficiencies that arise as aresult of the corrections made to address deficiencies identified in theinitial submission. In the review of the resubmission of a plat or plan, thelocal planning commission or other agent shall identify all deficiencies withthe proposed plat or plan that caused the disapproval by reference tospecific duly adopted ordinances, regulations or polices and shall identifymodifications or corrections that will permit approval of the plat or plan.Upon the second resubmission of such disapproved plat or plan, the localplanning commission or other agent's review shall be limited solely to thepreviously identified deficiencies that caused its disapproval.
The local planning commission or other agent shall act on any proposed plat,site plan or plan of development that it has previously disapproved within 45days after the plat or plan has been modified, corrected and resubmitted forapproval. The failure of a local planning commission or other agent toapprove or disapprove a resubmitted plat or plan within the time periodsrequired by this section shall cause the plat or plan to be deemed approved.
Notwithstanding the approval or deemed approval of any proposed plat, siteplan or plan of development, any deficiency in any proposed plat or plan,that if left uncorrected, would violate local, state or federal law,regulations, mandatory Department of Transportation engineering and safetyrequirements, and other mandatory engineering and safety requirements, shallnot be considered, treated or deemed as having been approved by the localplanning commission or other agent. Should any resubmission include amaterial revision of infrastructure or physical improvements from the earliersubmission or if a material revision in the resubmission creates a newrequired review by the Virginia Department of Transportation or by a stateagency or public authority authorized by state law, then the local planningcommission or other agent's review shall not be limited to only thepreviously identified deficiencies identified in the prior submittals and mayconsider deficiencies initially appearing in the resubmission because of suchmaterial revision.
The provisions of this subsection shall not apply to deficiencies caused bychanges, errors or omissions occurring in the applicant's plat, site plan orplan of development filings after the initial submission of such plat, siteplan or plan of development. The provision of this subsection shall not applyto the review and approval of construction plans.
B. Any state agency or public authority authorized by state law making areview of a plat forwarded to it under this article, including, withoutlimitation, the Virginia Department of Transportation and authoritiesauthorized by Chapter 51 (§ 15.2-5100 et seq.), shall complete its reviewwithin 45 days of receipt of the plat upon first submission and within 45days for any proposed plat that has previously been disapproved, provided,however, that the time periods set forth in § 15.2-2222.1 shall apply toplats triggering the applicability of said section. The Virginia Departmentof Transportation and authorities authorized by Chapter 51 (§ 15.2-5100 etseq.) shall allow use of public rights-of-way dedicated for public streetpurposes for placement of utilities by permit when practical and shall notunreasonably deny plat approval. If a state agency or public authorityauthorized by state law does not approve the plat, it shall comply with therequirements, and be subject to the restrictions, set forth in subsection A,with the exception of the time period therein specified. Upon receipt of theapprovals from all state agencies and other agencies, the local agent shallact upon a plat within 35 days.
C. If the commission or other agent fails to approve or disapprove the platwithin 60 days after it has been officially submitted for approval, or within45 days after it has been officially resubmitted after a previous disapprovalor within 35 days of receipt of any agency response pursuant to subsection B,the subdivider, after 10-days' written notice to the commission, or agent,may petition the circuit court for the locality in which the land involved,or the major part thereof, is located, to decide whether the plat should orshould not be approved. The court shall give the petition priority on thecivil docket, hear the matter expeditiously in accordance with the proceduresprescribed in Article 2 (§ 8.01-644 et seq.) of Chapter 25 of Title 8.01 andmake and enter an order with respect thereto as it deems proper, which mayinclude directing approval of the plat.
D. If a commission or other agent disapproves a plat and the subdividercontends that the disapproval was not properly based on the ordinanceapplicable thereto, or was arbitrary or capricious, he may appeal to thecircuit court having jurisdiction of such land and the court shall hear anddetermine the case as soon as may be, provided that his appeal is filed withthe circuit court within 60 days of the written disapproval by the commissionor other agent.
(Code 1950, §§ 15-789, 15-967.10; 1952, c. 333; 1962, c. 407, § 15.1-475;1964, c. 498; 1975, c. 641; 1977, c. 10; 1978, c. 283; 1979, c. 111; 1980, c.73; 1986, c. 483; 1989, cc. 471, 495; 1990, c. 171; 1992, c. 843; 1993, c.846; 1996, c. 353; 1997, c. 587; 2003, c. 716; 2007, c. 202; 2008, c. 855.)