The Subdivision Ordinance currently provides that,
once the Planning Commission acts on a preliminary plat, it is
forwarded to the Board of Supervisors.
Preliminary plats denied by the Planning Commission are not
returned for additional review.
Once the Board of Supervisors affirms the Planning
Commission's preliminary plat denial, an applicant may proceed
with construction plans and profiles and a final plat even if the
preliminary plat has been denied.
As a result, the final plat needs to address adequately the
reasons stated for the preliminary plat denial, before
Administrative staff approval of the final plat can occur.
Final plats are approved administratively and receive no
further review or approval from the Planning Commission and Board
proposed Subdivision Ordinance text amendment would require the
submission of a corrected preliminary plat for Planning Commission
review, which addresses the deficiencies noted in the Commission's
denial motion. As
proposed, the additional review would only address the
deficiencies and any changes promulgated by correction of the
the Planning Commission approves the preliminary plat, it would be
forwarded to the Board of Supervisors for its review.
As proposed, the item would be scheduled for the Board's
consent agenda as in the current ordinance.
Planning Commission held a public hearing on the proposed
Subdivision Ordinance text amendment on March 28, 2002 and voted
to recommend the following:
Planning Commission Decision
A decision on the preliminary plat shall be rendered by the
Commission within sixty (60) days after the official filing unless
an extension is agreed to by the applicant.
If the approval of any State agency, including but not
limited to the Virginia Department of Transportation, is required
for a feature or features of the preliminary plat, the Commission
shall have an additional 45 days from the receipt of all such
approvals to act on the plat.
When rendering an adverse decision on a preliminary plat,
the Commission shall include the specific paragraph(s) of this
Ordinance and/or other applicable ordinances with which the
subdivider has not complied. After an adverse decision on a
preliminary plat by the Planning Commission, a corrected
preliminary plat application shall be filed in the Office of
Community Development, which addresses the deficiencies noted in
the denial. The application and filing process shall be as specified in
Sections 9-3 and 9-4 of this Ordinance.
The Planning Commission's review of this amended
preliminary plat shall only address those items noted as
deficiencies in the denial and any changes to the plat that result
from addressing the specified deficiencies.
Nothing in this Ordinance shall be construed to prevent
an applicant who has received an adverse decision on the
preliminary plat from proceeding with preparation and submission
of the final plat.
Referral to Board
preliminary plats approved
acted on by the Planning
Commission shall be referred to the Board of Supervisors at its
next regularly scheduled meeting. The Board of Supervisors, by a
majority vote, may consider a preliminary plat at the second
regularly scheduled meeting.
If the Board takes no action on preliminary plat referral,
the preliminary plat shall be deemed approved or denied in
accordance with the actions of the Planning Commission.
The Board shall act on the preliminary plat referral not later
than its second regularly scheduled meeting unless an extension is
agreed to by the applicant. The
Board may approve, approve with modification, or deny the
preliminary plat. Any
action by the Board of Supervisors shall be deemed final.