2006 Code of Virginia § 15.2-2232 - Legal status of plan

15.2-2232. Legal status of plan.

A. Whenever a local planning commission recommends a comprehensive plan orpart thereof for the locality and such plan has been approved and adopted bythe governing body, it shall control the general or approximate location,character and extent of each feature shown on the plan. Thereafter, unless afeature is already shown on the adopted master plan or part thereof or isdeemed so under subsection D, no street or connection to an existing street,park or other public area, public building or public structure, publicutility facility or public service corporation facility other than railroadfacility, whether publicly or privately owned, shall be constructed,established or authorized, unless and until the general location orapproximate location, character, and extent thereof has been submitted to andapproved by the commission as being substantially in accord with the adoptedcomprehensive plan or part thereof. In connection with any suchdetermination, the commission may, and at the direction of the governing bodyshall, hold a public hearing, after notice as required by 15.2-2204.

B. The commission shall communicate its findings to the governing body,indicating its approval or disapproval with written reasons therefor. Thegoverning body may overrule the action of the commission by a vote of amajority of its membership. Failure of the commission to act within sixtydays of a submission, unless the time is extended by the governing body,shall be deemed approval. The owner or owners or their agents may appeal thedecision of the commission to the governing body within ten days after thedecision of the commission. The appeal shall be by written petition to thegoverning body setting forth the reasons for the appeal. The appeal shall beheard and determined within sixty days from its filing. A majority vote ofthe governing body shall overrule the commission.

C. Widening, narrowing, extension, enlargement, vacation or change of use ofstreets or public areas shall likewise be submitted for approval, but paving,repair, reconstruction, improvement, drainage or similar work and normalservice extensions of public utilities or public service corporations shallnot require approval unless involving a change in location or extent of astreet or public area.

D. Any public area, facility or use as set forth in subsection A which isidentified within, but not the entire subject of, a submission under either 15.2-2258 for subdivision or provision 8 of 15.2-2286 for development orboth may be deemed a feature already shown on the adopted master plan, and,therefore, excepted from the requirement for submittal to and approval by thecommission or the governing body; provided, that the governing body has byordinance or resolution defined standards governing the construction,establishment or authorization of such public area, facility or use or hasapproved it through acceptance of a proffer made pursuant to 15.2-2303.

E. Approval and funding of a public telecommunications facility by theVirginia Public Broadcasting Board pursuant to Article 12 ( 2.2-2426 etseq.) of Chapter 24 of Title 2.2 shall be deemed to satisfy the requirementsof this section and local zoning ordinances with respect to such facilitywith the exception of television and radio towers and structures notnecessary to house electronic apparatus. The exemption provided for in thissubsection shall not apply to facilities existing or approved by the VirginiaPublic Telecommunications Board prior to July 1, 1990. The Virginia PublicBroadcasting Board shall notify the governing body of the locality in advanceof any meeting where approval of any such facility shall be acted upon.

F. On any application for a telecommunications facility, the commission'sdecision shall comply with the requirements of the Federal TelecommunicationsAct of 1996. Failure of the commission to act on any such application for atelecommunications facility under subsection A submitted on or after July 1,1998, within ninety days of such submission shall be deemed approval of theapplication by the commission unless the governing body has authorized anextension of time for consideration or the applicant has agreed to anextension of time. The governing body may extend the time required for actionby the local commission by no more than sixty additional days. If thecommission has not acted on the application by the end of the extension, orby the end of such longer period as may be agreed to by the applicant, theapplication is deemed approved by the commission.

(Code 1950, 15-909, 15-923, 15-964.10; 1958, c. 389; 1960, c. 567; 1962,c. 407, 15.1-456; 1964, c. 528; 1966, c. 596; 1968, c. 290; 1975, c. 641;1976, c. 291; 1978, c. 584; 1982, c. 39; 1987, c. 312; 1989, c. 532; 1990, c.633; 1997, cc. 587, 858; 1998, c. 683.)