Sec. 24.1-44. Approval.
The city planner shall not approve the final plat until receipt of a written statement from the health official that the subject property is suitable for the proposed development; nor shall the plat be approved when city public water and/or sewer is to be provided until the city planner receives in writing that the system has been approved and accepted by the City of Lynchburg or the subdivider has the required surety in place. Where a subdivision has been approved administratively by the city planner, no additional subdivision of the new lots or of the residue tract shall be approved within a period of two (2) years from the date of approval, unless the land is industrially-zoned or the two-year time limit is waived by the city planner.
(a) Approval of the final plat shall be written on the face of the plat by the city engineer and city planner if no new streets are dedicated. Approval of the final plat that includes acceptance of right-of-way shall be written on the face of the plat by the city engineer and city manager; all copies shall be retained by the city planner until the subdivider is ready to record same. (See also Section 24.1-28(g)) The city planner shall notify the subdivider in writing when the plat is approved and the subdivider shall record the plat within six (6) months after final approval. The city planner may, on written request of the subdivider, grant an extension of this time, otherwise he shall mark the plat void and return same to the subdivider.
(b) The city council, commission or city planner shall render a decision on the right-of-way within sixty (60) days after it has been submitted for approval by either approving or disapproving such plat in writing, and giving with the latter specific reasons therefore.
Specific reasons for disapproval may be contained in a separate document or may be written on the plat itself, and shall relate in general terms such modifications or corrections as will permit approval of the plat.
If the city council, commission or city planner fails to approve or disapprove the plat within sixty (60) days after it has been officially submitted for approval, the subdivider, after ten (10) days’ written notice to the commission or city planner, may petition the circuit court of the city to decide whether the plat should or should not be approved. The court shall hear the matter and make and enter such order with respect thereto as it deems proper, which may include directing approval of the plat.
If the city council, commission or city planner disapproves a plat and the subdivider contends that such disapproval was not properly based on the ordinance applicable thereto, or was arbitrary or capricious, he may appeal to the circuit court having jurisdiction.
The time requirements contained in this section shall not apply to the submission of any preliminary subdivision plat. (Ord. No. O-10-034, 4-27-10, eff. 7-1-10)
Last updated date: 6/28/2010 2:07:50 PM