2006 Code of Virginia § 15.2-2260 - Localities may provide for submission of preliminary subdivision plats; how long valid

15.2-2260. Localities may provide for submission of preliminary subdivisionplats; how long valid.

A. Nothing in this article shall be deemed to prohibit the local governingbody from providing in its ordinance for the submission of preliminarysubdivision plats for tentative approval. The local planning commission, oran agent designated by the commission or by the governing body to reviewpreliminary subdivision plats shall complete action on the preliminary platswithin sixty days of submission. However, if approval of a feature orfeatures of the preliminary plat by a state agency is necessary, thecommission or agent shall forward the preliminary plat to the appropriatestate agency or agencies for review within 10 business days of receipt ofsuch preliminary plat.

B. Any state agency making a review of a plat forwarded to it under thissection, including, without limitation, the Virginia Department ofTransportation, shall complete its review within forty-five days of receiptof the preliminary plat. The Virginia Department of Transportation shallallow use of its public rights-of-way for placement of utilities by permitwhen practical and shall not unreasonably deny plat approval. If a stateagency does not approve the plat, it shall comply with the requirements, andbe subject to the restrictions, set forth in 15.2-2259 A with the exceptionof the time period therein specified. Upon receipt of the approvals from allstate agencies, the local agent shall act upon a preliminary plat withinthirty-five days.

C. If a commission has the responsibility of review of preliminary plats andconducts a public hearing, it shall act on the plat within forty-five daysafter receiving approval from all state agencies. If the local agent orcommission does not approve the preliminary plat, the local agent orcommission shall set forth in writing the reasons for such denial and shallstate what corrections or modifications will permit approval by such agent orcommission. However, no commission or agent shall be required to approve apreliminary subdivision plat in less than sixty days from the date of itsoriginal submission to the commission or agent, and all actions onpreliminary subdivision plats shall be completed by the agent or commissionand, if necessary, state agencies, within a total of ninety days ofsubmission to the local agent or commission.

D. If the commission or other agent fails to approve or disapprove thepreliminary plat within ninety days after it has been officially submittedfor approval, the subdivider after ten days' written notice to thecommission, or agent, may petition the circuit court for the locality inwhich the land involved, or the major part thereof, is located to enter anorder with respect thereto as it deems proper, which may include directingapproval of the plat.

E. If a commission or other agent disapproves a preliminary plat and thesubdivider contends that the disapproval was not properly based on theordinance applicable thereto, or was arbitrary or capricious, he may appealto the circuit court having jurisdiction of such land and the court shallhear and determine the case as soon as may be, provided that his appeal isfiled with the circuit court within sixty days of the written disapproval bythe commission or other agent.

F. Once a preliminary subdivision plat is approved, it shall be valid for aperiod of five years, provided the subdivider (i) submits a final subdivisionplat for all or a portion of the property within one year of such approval orsuch longer period as may be prescribed by local ordinance, and (ii)thereafter diligently pursues approval of the final subdivision plat."Diligent pursuit of approval" means that the subdivider has incurredextensive obligations or substantial expenses relating to the submitted finalsubdivision plat or modifications thereto. However, no sooner than threeyears following such preliminary subdivision plat approval, and upon ninetydays' written notice by certified mail to the subdivider, the commission orother agent may revoke such approval upon a specific finding of facts thatthe subdivider has not diligently pursued approval of the final subdivisionplat.

(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; 2002, c. 530; 2006, c. 461.)