2006 Code of Virginia § 15.2-2259 - Local planning commission to act on proposed plat

15.2-2259. Local planning commission to act on proposed plat.

A. The local planning commission or other agent shall act on any proposedplat within 60 days after it has been officially submitted for approval byeither approving or disapproving the plat in writing, and giving with thelatter specific reasons therefor. The Commission or agent shall thoroughlyreview the plat and shall make a good faith effort to identify alldeficiencies, if any, with the initial submission. Specific reasons fordisapproval shall be contained either in a separate document or on the platitself. The reasons for disapproval shall identify deficiencies in the platthat cause the disapproval by reference to specific duly adopted ordinances,regulations, or policies and shall identify modifications or corrections aswill permit approval of the plat. The local planning commission or otheragent shall act on any proposed plat that it has previously disapprovedwithin 45 days after the plat has been modified, corrected and resubmittedfor approval.

B. 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 previousdisapproval, the subdivider, after 10-days' written notice to the commission,or agent, may petition the circuit court for the locality in which the landinvolved, or the major part thereof, is located, to decide whether the platshould or should not be approved. The court shall give the petition priorityon the civil docket, hear the matter expeditiously in accordance with theprocedures prescribed in Article 2 ( 8.01-644 et seq.) of Chapter 25 ofTitle 8.01 and make and enter an order with respect thereto as it deemsproper, which may include directing approval of the plat.

C. 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.)