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 preliminarysubdivision plats within 60 days of submission. However, if approval of afeature or features of the preliminary subdivision plat by a state agency orpublic authority authorized by state law is necessary, the commission oragent shall forward the preliminary subdivision plat to the appropriate stateagency or agencies for review within 10 business days of receipt of suchpreliminary subdivision plat.
B. Any state agency or public authority authorized by state law making areview of a preliminary subdivision plat forwarded to it under this section,including, without limitation, the Virginia Department of Transportation andauthorities authorized by Chapter 51 (§ 15.2-5100 et seq.), shall completeits review within 45 days of receipt of the preliminary subdivision plat uponfirst submission and within 45 days for any proposed plat that has previouslybeen disapproved, provided, however, that the time period set forth in §15.2-2222.1 shall apply to plats triggering the applicability of saidsection. The Virginia Department of Transportation and authorities authorizedby Chapter 51 (§ 15.2-5100 et seq.) shall allow use of public rights-of-wayfor public street purposes for placement of utilities by permit whenpractical and shall not unreasonably deny plat approval. If a state agency orpublic authority authorized by state law does not approve the plat, it shallcomply with the requirements, and be subject to the restrictions, set forthin § 15.2-2259 A with the exception of the time period therein specified.Upon receipt of the approvals from all state agencies, the local agent shallact upon a preliminary subdivision plat within 35 days.
C. If a commission has the responsibility of review of preliminarysubdivision plats and conducts a public hearing, it shall act on the platwithin 45 days after receiving approval from all state agencies. If the localagent or commission does not approve the preliminary subdivision plat, thelocal agent or commission shall set forth in writing the reasons for suchdenial and shall state what corrections or modifications will permit approvalby such agent or commission. With regard to plats involving commercialproperty, as that term is defined in subdivision A 2 of § 15.2-2259, thereview process for such plats shall be the same as provided in subdivisions A2 and A 3 of § 15.2-2259. However, no commission or agent shall be requiredto approve a preliminary subdivision plat in less than 60 days from the dateof its original 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 90 days of submission tothe local agent or commission.
D. If the commission or other agent fails to approve or disapprove thepreliminary subdivision plat within 90 days after it has been officiallysubmitted for approval, the subdivider after 10 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 subdivision platand the subdivider contends that the disapproval was not properly based onthe ordinance applicable thereto, or was arbitrary or capricious, he mayappeal to the circuit court having jurisdiction of such land and the courtshall hear and determine the case as soon as may be, provided that his appealis filed with the circuit court within 60 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 90 days'written notice by certified mail to the subdivider, the commission or otheragent may revoke such approval upon a specific finding of facts that thesubdivider has not diligently pursued approval of the final subdivision plat.
G. Once an approved final subdivision plat for all or a portion of theproperty is recorded pursuant to § 15.2-2261, the underlying preliminary platshall remain valid for a period of five years from the date of the latestrecorded plat of subdivision for the property. The five year period ofvalidity shall extend from the date of the last recorded plat.
(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; 2007, c. 202;2008, cc. 426, 718, 855; 2009, c. 194.)