2006 Code of Virginia § 15.2-2248 - Application of certain municipal subdivision regulations beyond corporate limits of municipalit...

15.2-2248. Application of certain municipal subdivision regulations beyondcorporate limits of municipality.

The subdivision regulations adopted by a municipality within the counties ofGiles, Clarke, Culpeper, Loudoun or Mecklenburg shall apply within thecorporate limits and may apply beyond, if the municipal ordinance soprovides, within the distance therefrom set out below:

1. Within a distance of five miles from the corporate limits of cities havinga population of one hundred thousand or more;

2. Within a distance of three miles from the corporate limits of citieshaving a population of less than one hundred thousand; and

3. Within a distance of two miles from the corporate limits of incorporatedtowns.

Where the corporate limits of two municipalities are closer together than thesum of the distances from their respective corporate limits as above setforth, the dividing line of jurisdiction shall be halfway between the limitsof the overlapping boundaries.

The foregoing distances may be modified by mutual agreement between thegoverning bodies concerned, depending upon their respective areas ofinterest, provided such modified limits bear a reasonable relationship tonatural geographic considerations or to the comprehensive plans for the area.Any such modification shall be set forth in the respective subdivisionordinances, by map or description or both.

No such regulations or amendments thereto shall be finally adopted by anysuch municipality until the governing body of the county in which such areais located shall have been duly notified in writing by the governing body ofthe municipality or its designated agent of such proposed regulations, andrequested to review and approve or disapprove the same; and if such countyfail to notify the governing body of such municipality of its disapproval ofsuch plan within forty-five days after the giving of such notice, such planshall be considered approved. Provided, however, that in any county which hasa duly appointed planning commission, the governing body or the council shallsend a copy of such proposed regulations or amendments thereof to suchcommission which shall review and recommend approval or disapproval of thesame. The county commission shall not take any such action until notice hasbeen given and a hearing held as prescribed by 15.2-2204. Such hearingshall be held by the county commission within sixty days after the giving ofnotice by the municipality or its agent. Such commission shall forthwithafter such hearing make its recommendations to the governing body of thecounty which shall within thirty days after such hearing notify themunicipality of its approval or disapproval of such regulations and noregulations effective beyond the corporate limits shall be finally adopted bythe municipality until notification by the governing body of the county,except that if the county fails to notify the governing body of themunicipality of its disapproval of such regulations within ninety days aftercopy of the regulations or amendments thereof are received by the countycommission, the regulations shall be deemed to have been approved.

(Code 1950, 15-786, 15-967.2; 1954, c. 584; 1962, c. 407, 15.1-467;1975, c. 641; 1977, c. 524; 1979, c. 251; 1980, c. 47; 1997, c. 587.)