CHAPTER 290

An Act to amend and reenact § 15.1-456, as amended, of the Code of
Virginia, relating to the legal status of comprehensive development
plan of local planning commission. rH

117

Approved April 2, 1968

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. Legal status of plan.—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
* 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 hear-
ing, after notice as required by § 15.1-431.

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 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 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. A majority
vote of the governing body shall overrule the commission.

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 corpora-
tions shall not require approval unless involving a change in location or
extent of a street or public area.

2. An emergency exists and this act is in force from its passage.