SEARCH SITE
VIRGINIA LAW PORTAL
- Code of Virginia
- Virginia Administrative Code
- Constitution of Virginia
- Charters
- Authorities
- Compacts
- Uncodified Acts
- RIS Users (account required)
SEARCHABLE DATABASES
- Bills & Resolutions
session legislation - Bill Summaries
session summaries - Reports to the General Assembly
House and Senate documents - Legislative Liaisons
State agency contacts
ACROSS SESSIONS
- Subject Index: Since 1995
- Bills & Resolutions: Since 1994
- Summaries: Since 1994
Developed and maintained by the Division of Legislative Automated Systems.
2003 SESSION
033387836Be 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 45 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. 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 all deficiencies in the plat which that cause the
disapproval by reference to specific duly adopted ordinances, regulations, or
policies and shall generally identify all modifications or corrections as
will permit approval of the plat. Deficiencies not identified in the initial
disapproval shall be waived. The failure to act within 45 days or to state the
reasons for disapproval as described herein shall cause the plat to be deemed
approved. The local planning commission or other agent shall act on any
proposed plat that it has previously disapproved within 30 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 45 days after it has been officially modified, corrected and
submitted for approval, or within 30 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 hear the matter 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.