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2003 SESSION
Be it enacted by the General Assembly of Virginia:
1. That § 15.2-2259 of the Code of Virginia is amended and reenacted as follows:
§ 15.2-2259. Local planning commission to act on proposed plat.
A. The local planning commission or other agent shall act on any proposed plat
within sixty 60 days after it has been officially submitted for approval by
either approving or disapproving the plat in writing, and giving with the latter specific reasons
therefor. The Commission or agent shall thoroughly review the plat and shall
make a good faith effort to identify all deficiencies, if any, with the initial
submission. Specific reasons for disapproval may shall be contained either in a
separate document or may be written on the plat itself. The reasons for
disapproval shall identify deficiencies in the plat which that cause the
disapproval by reference to specific duly adopted ordinances, regulations, or
policies and shall generally identify modifications or corrections as will
permit approval of the plat. The local planning commission or other agent shall
act on any proposed plat that it has previously disapproved within 45 days after the
plat has been modified, corrected and resubmitted for approval.
B. If the commission or other agent fails to approve or disapprove the plat
within sixty 60 days after it has been officially submitted for approval, or
within 45 days after it has been officially resubmitted after a previous disapproval,
the subdivider, after ten 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 or should not be approved.
The court shall give the petition priority on the civil docket, hear the
matter expeditiously in accordance with the procedures prescribed in Article 2
(§ 8.01-644 et seq.) of Chapter 25 of Title 8.01 and make and enter an order
with respect thereto as it deems proper, which may include directing approval of the plat.
C. If a commission or other agent disapproves a plat and the subdivider
contends that the disapproval was not properly based on the ordinance
applicable thereto, or was arbitrary or capricious, he may appeal to the
circuit court having jurisdiction of such land and the court shall hear and
determine the case as soon as may be, provided that his appeal is filed with
the circuit court within sixty 60 days of the written disapproval by the
commission or other agent.