Chap. 64.—An ACT to amend and re-enact Section 9 of Chapter 88, Acts 1934, ap-
proved March 5, 1934, relating to municipal planning. (H 135]

Approved February 26, 1944

Be it enacted by the General Assembly of Virginia:

1. That section nine of chapter eighty-eight, Acts nineteen hundred
thirty-four, approved March five, nineteen hundred thirty-four, be
amended and re-enacted, as follows:

Section 9. Legal status of municipal plan—Whenever the planning
commission shall have adopted a master plan for the municipality or one
or more parts, sections or divisions thereof, and the master plan or part
thereof shall have been approved by the council of the municipality, and
it has been filed with the court clerk, then and thereafter no street, square,
park or other public way, ground or open space, nor public building or
structure, shall be constructed or authorized in the municipality or in
the planned section or district thereof until and unless the general loca-
tion, character and extent thereof has 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 munici-
pality or in the planned section or district thereof, until and unless the
reasonable and general location, but not its character and extent, has been
submitted to and approved by the municipal planning commission; pro-
vided that in case of disapproval the commission shall communicate its
reason to the 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, extension, 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 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.
2. An emergency exists and this act is in force from its passage.