CHAPTER 596

An Act to amend and reenact § 15.1-456, as amended, of the Code of
Virginia, relating to legal status of comprehensive plans of local com-
missions, required notice to property owners or their agents and pro-
visions for appeal from local commissions to governing bodies.

[H 459]
Approved April 5, 1966

Be it enacted by the General Assembly of Virginia:
1. That § 15.1-456, as amended, of the Code of Virginia be amended
and reenacted as follows:

§ 15.1-456. 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 no street, park or other
public area, public building or public structure, public utility or public
service corporation other than railroads, 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, after notice of
cessive weeks in some newspaper published or having general circulation
in such county or municipality, which shall specify the time and place of
hearing at which persons affected may appear and present their views,
not less than ten days after final publication, and in addition, written notice
shall be given at least ten days before the hearing by first class matl.to the
owner or owners’, their agent or the occupant, of each parcel involved;
provided, that in case of disapproval, the commission shall communicate its
reasons for disapproval in writing to the governing body, which may over-
rule the action of the commission by a vote of a majority of the member-
ship thereof; and provided that the failure of the commission to act within
sixty days of such submission, unless such time be extended by the govern-
ing body, shall be deemed approval when the commission notifies the owner
or owners or their agents by certified mail. In the case of approval the
owner or owners or their agents may appeal the decision of the local com-
mission 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. A majority vote of the
governing body shall overrule the commission. Widening, narrowing ex-
tension, 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.