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1996 SESSION
961360484Be it enacted by the General Assembly of Virginia:
1. That § 15.1-456 of the Code of Virginia is amended and reenacted as follows:
§ 15.1-456. Legal status of plan.
A. Whenever the local commission shall have recommended a comprehensive plan or
part thereof for the county or municipality and such plan shall have been
approved and adopted by the governing body, it shall control the general or
approximate location, character and extent of each feature shown on the plan.
Thereafter, unless such feature is already shown on the adopted master plan or
part thereof or is deemed so under subsection D, no street or connection to an
existing street, park or other public area, public building or public
structure, public utility facility or, public service
corporation facility other than railroad facility or facility of a person
authorized by the Federal Communications Commission to provide commercial
mobile service, whether publicly or privately owned, shall be
constructed, established or authorized, unless and until the general location
or approximate location, character, and extent thereof has been submitted to
and approved by the local commission as being substantially in accord with the
adopted comprehensive plan or part thereof. In connection with any such
determination the commission may, and at the direction of the governing body
shall, hold a public hearing, after notice as required by § 15.1-431.
B. The commission shall communicate its findings to the governing body, indicating its approval or disapproval with written reasons therefor. The governing body may overrule the action of the commission by a vote of a majority of the membership thereof. Failure of the commission to act within sixty days of such submission, unless such time shall be extended by the governing body, shall be deemed approval. The owner or owners or their agents may appeal the decision of the local commission to the governing body within ten days after the decision of the commission. The appeal shall be by written petition to the governing body setting forth the reasons for the appeal. The appeal shall be heard and determined within sixty days from its filing. A majority vote of the governing body shall overrule the commission.
C. Widening, narrowing, extension, enlargement, vacation or change of use of streets or public areas shall likewise be submitted for approval, but paving, repair, reconstruction, improvement, drainage or similar work and normal service extensions of public utilities or public service corporations shall not require approval unless involving a change in location or extent of a street or public area.
D. Any public area, facility or use as set forth in subsection A which is identified within, but not the entire subject of, a submission under either § 15.1-475 for subdivision or § 15.1-491 (h) for development or both may be deemed a feature already shown on the adopted master plan, and, therefore, excepted from the requirement for submittal to and approval by the commission or the governing body; provided, that the governing body has by ordinance or resolution defined standards governing the construction, establishment or authorization of such public area, facility or use or has approved it through acceptance of a proffer made pursuant to § 15.1-491 (a).
E. [Expired.]
F. Approval and funding of a public telecommunications facility by the Virginia Public Telecommunications Board pursuant to Article 6 (§ 2.1-563.23 et seq.) of Chapter 35.2 of Title 2.1 shall be deemed to satisfy the requirements of this section and local zoning ordinances with respect to such facility with the exception of television and radio towers and structures not necessary to house electronic apparatus. The exemption provided for in this subsection shall not apply to facilities existing or approved by the Board prior to July 1, 1990. The Board shall notify the governing body of the locality in advance of any meeting where approval of any such facility shall be acted upon.