Chap. 88.—An ACT authorizing the councils or other governing bodies of cities
and incorporated towns to provide for municipal planning ; providing for the
creation, organization and powers of municipal planning commussions.

[H B 108]
Approved March 5, 1934

Be it enacted by the General Assembly of Virginia, as follows:

1. Definition of terms.—For the purpose of this act certain terms
are defined as provided in this section. Wherever appropriate, the singu-
lar includes the plural, and the plural includes the singular. ‘“Munici-
pality’ or “municipal” includes or relates to cities and incorporated
towns. “Mayor” means the chief executive of the municipality, whether
the official designation of his or its office be mayor, city manager, presi-
dent of the board of trustees or otherwise. “Council” means the chief
legislative body of the municipality, whether the official designation of
the body be council, common council, or otherwise, and whether com-
posed of one or two houses of legislation. “Street” or “streets” includes
streets, avenues, boulevards, roads, lanes, alleys, viaducts, walks, high-
ways, super-highways, parkways and other ways. “Subdivision” means
the division of a lot, tract or parcel of land into two or more lots, plats,
sites or other division of land for the purpose, whether immediate or
future, of sale or of building development. It includes re-subdivision
and, when appropriate to the context, relates to the process of sub-
dividing or to the land or territory subdivided.

2. Grant of power to municipality—A municipality is hereby auth-
orized and empowered to make, adopt, amend, extend, add to or carry
out a municipal plan as provided in this act. A council of a municipality
is hereby empowered to create by ordinance a planning commission with
the powers and duties herein set forth. The planning commission of a
city shall be designated city planning commission; of a town, town plan-
ning commission. Any planning commission heretofore created by
charter or ordinance may be deemed a planning commission under this
act.

3. Composition of planning commission.—The number of members
of the planning commission of a municipality shall be specified by coun-

cil in the ordinance creating the commission which number, however,
shall not be less than five nor more than seven, and one of whom may
be a member of council. Not less than one nor more than three members,
as may be specified in the ordinance creating the commission, shall be
administrative officials of the municipality appointed by the mayor ;
provided, however, that the number of such ex-officio members, includ-
ing the councilmanic member, if there be one, shall be a minority of the
total membership of the commission. The remaining members, herein-
after referred to as appointed members, shall be qualified voters of the
municipality appointed by the mayor. All members of the commission
shall serve as such without compensation, and the appointed members
shall hold no other municipal office except that one of such appointed
members may be a member of the zoning board of appeals. The terms
of ex-officio members shall correspond to their respective official tenures.
Provision shall be made in the ordinance creating such commission for
the terms of office of the appointed members, the length of which terms,
however, shall not be less than four years or more than six years, for
the removal after public hearing of any appointed member for ineffi-
ciency, neglect of duty or malfeasance in office, and for: the filling of
vacancies. In the case of any municipality which, heretofore, shall have
provided by charter or ordinance, for a planning commission, with a
number of members or personnel basis or mode of selection or appoint-
ment or terms different from those specified in this section the provisions
of such charter or ordinance may continue in force or effect and such
planning commission may have the powers and duties specified in this
act. The councils of two or more adjoining municipalities may, by
identical ordinances, create a common planning commission for such
municipalities, which commission shall have the power and duties speci-
fied in this act in and for each of such municipalities and shall in all
respects be deemed the planning commission of each of them. Any
such joint or inter-municipal commission shall have such number of
and mode of selection of ex-officio and appointive members as the ordi-
nance may provide; provided, however, that the total size of the com-
mission shall not exceed nine and the non-ex-officio members shall be
in the majority.

4. Organization and rules——A municipal planning commission shall
elect its chairman from amongst the appointed members. Any commis-
sion may create and fill such other of its offices as it may determine.
The term of chairman shall be one year, with eligibility for re-election.
Every commission shall hold at least one regular meeting in each month.
It shall adopt rules and regulations for transaction of business and shall
keep a record of its resolutions, transactions, findings and determina-
tions, which record shall be a public record.

5. Staff and finances——A municipal planning commission may ap-
point such employees as it may deem necessary for its work. The com-
mission may also contract with city planners, engineers, architects and
other consultants for such services as it may require. The expenditures
of the commission, exclusive of gifts to the commission, shall be within
the amounts duly appropriated by council for the purpose.
6. General powers and duties.—It shall be the function and duty of
a municipal planning commission to make and adopt a master plan for
the physical development of the municipality. Such plan with the ac-
companying maps, plats, charts and descriptive matter shall show the
planning commission’s recommendations for the development of the
territory covered by the plan, including, among other things, the general
location, character and extent of streets, viaducts, subways, bridges,
waterways, water fronts, beaches, boulevards, parkways, playgrounds,
squares, parks, aviation fields, and other public ways, grounds and
open spaces, the general location of public buildings and other public
property, and the reasonable and general location; also for the removal,
relocation, widening, narrowing, vacating, abandonment, change of use
or extension of existing ways, grounds, open spaces, buildings, prop-
erty, utilities or terminals, as well as a zoning plan for the control of the
height, area, bulk, location and use of buildings and premises. In pre-
paring a zoning plan, the planning commission shall perform all the
functions of a zoning commission as now provided by law, and the
zoning plan and ordinance shall be adopted and be operative in the
manner as now provided by law. Where no art commission or similar
body exists the planning commission may be granted by council the
power to control, preserve and care for historical land marks; to con-
trol the design and location of statuary and other works of art, which
are or may become the property of the municipality; and the removal,
relocation and alteration of any such works belonging to the municipal-
ity and to make suggestions concerning the designs of harbors, bridges,
viaducts, street fixtures, and other public structures and appurtenances.
As the work of making the whole master plan progresses, a planning
commission may from time to time adopt and publish a part or parts
thereof, any such part to cover one or more major sections or geo-
graphic or topographical divisions of the municipality or one or more
of the aforesaid or other functional matters to be included in the plan.
The commission may from time to time amend, extend or add to the

lan.

, 7. Purposes of plan——In the preparation of such plan, the com-
mission shall make careful and comprehensive surveys and studies of
existing conditions and future growth. The plan shall be made with the
general purpose of guiding and accomplishing a co-ordinated, adjusted
and harmonious development of the municipality and its environs whick
will in accordance with existing and future needs, best promote public
health, safety, morals, order, convenience and general welfare, as wel
as efficiency and economy in the process of development.

8. Procedure of commission—A municipal planning commissior
may adopt the plan as a whole by a single resolution or may, by suc
cessive resolutions, adopt successive parts of the plan, said parts corres-
ponding with major geographical sections or geographical or topo-
graphical divisions of the municipality or with functional subdivision:
of the subject matter of the plan, and may adopt any amendment or ex
tension thereof or addition thereto. Before the adoption of the plan o:
any such part, amendment, extension or addition, the commission shal
hold at least one public hearing thereon, at least fifteen (15) days notice
of the time and place of which shall be given by one publication in a
newspaper of general circulation in the municipality. The adoption of
the plan or of any such part or amendment or extension or addition shall
be by resolution of the commission, carried by the affirmative votes of
not less than a majority of the full membership of the commission. The
resolution shall refer expressly to the maps and descriptive and other
matter intended by the commission to form the whole or part of the
plan, and the action taken shall be recorded on the map and plan and,
descriptive matter by the identifying signature of the chairman and/or
secretary of the commission. An attested copy of the plan or any
adopted part thereof shall then be certified to council and to the clerk
of the court where deeds are recorded.

9. Legal status of municipal plan—-Whenever the planning com-
mission shall have adopted a master plan for the municipality or one
or more parts, sections or divisions thereof, and same shall have been
filed with the said court clerk, then and thereafter no street, square,
park or other public way, ground or open space, no public building or
structure, shall be constructed or authorized in the municipality or in
such planned section or district thereof until and unless the general
location, character and extent thereof shall have been submitted to and
approved by the municipal planning commission; and no public utility,
whether publicly or privately owned, which is not subject to zoning
control as now provided by law, shall be constructed or authorized in
the municipality or in such planned section or district thereof, until
and unless the reasonable and general location, but not the character
and extent thereof, shall have been submitted to and approved by the
municipal planning commission; provided that in case of disapproval
the commission shall communicate its reason to council which shall
have the power to overrule such action by a recorded vote of not less
than two-thirds of its entire membership. The failure of the planning
commission to act within sixty days from and after the date of the
official submission to it shall be deemed approval. The widening, ex-
tension, narrowing, enlargement, vacation or change in the use of streets
and other public ways, grounds and places within the municipality, as
well as the acquisition by the municipality or the public of any land
within the municipality for public use or purposes or the sale of any
land then held by the municipality shall be subject to similar approval
and in case same is not approved it may be similarly overruled. The
foregoing provisions of this section shall not be deemed to apply to the
paving, repaving, reconstruction, improvement, drainage or other work
of or in or upon any street or other public way or any public building
or utility unless same involves a change in the then location or extent
thereof.

10. Miscellaneous powers and duties of planning commission.—A
planning commission shall have power to promote public interest in
and an understanding of the plan and to that end may publish and
distribute copies of the plan or of any report and may employ such
other means of publicity and education as it may determine. Members

of the commission, when duly authorized by the commission, may attend
planning conferences or meetings of planning institutes or hearings
upon pending planning legislation or visit other communities, and the
vtommission may, by resolution spread upon its minutes, pay the reason-
able traveling expenses incident to such attendance or visit. A planning
commission shall, from time to time, recommend to the appropriate
public officials programs for public structures and improvements and for
the financing thereof, and shall consult and advise with public officials
and agencies, public utility companies, civil, educational, professional and
other organizations and with citizens with relation to the protecting or
carrying out of the plan. All public officials shall, upon request, furnish
to any planning commission, within a reasonable time, such available
information as it may require for its work. A planning commission, its
members, officers and employees, in the performance of their functions,
may enter upon any land in the municipality and make examinations
and surveys and place and maintain necessary monuments and marks
thereon. In general, the planning commission shall have such powers
as may be necessary to enable it to fulfill its functions, promote plan-
ning or carry out the purposes of this act. The commission shall make
an annual report to council concerning its activities during the year.

11. Saving clause—If any section, subsection, sentence, clause or
phrase of this act is for any reason held to be invalid, such decision shall
not affect the validity of the remaining portions of this act. The General
Assembly hereby declares that it would have passed this act and each
section, subsection, sentence, clause and phrase thereof, irrespective of
the fact that any one or more other sections, subsections, sentences,
clauses and phrases be declared invalid. The council of any municipality
to which this act applies may by general ordinance adopt, assume and
place into effect for any area within such municipality the powers,
limitations and procedures set forth in this act. The provisions of this
act shall not be so construed as to affect property lying outside the
corporate limits of municipalities, except this provision shall not affect
planning, platting or other activities now permitted by other laws to be
effective outside said corporate limits, but nothing herein contained
shall in any way affect or repeal any provision of the charter of the
city of Roanoke, Virginia, as amended, or the charter of the city of
Williamsburg.

12. Repeal of conflicting acts——All other acts and parts of acts in
conflict with the provisions of this act are hereby repealed.