                                 CODE OF VIRGINIA

LOCALITIES MAY PROVIDE FOR SUBMISSION OF PRELIMINARY SUBDIVISION PLATS; HOW LONG
VALID (§ 15.2-2260)

A. Nothing in this article shall be deemed to prohibit the local governing body
from providing in its ordinance for the mandatory submission of preliminary
subdivision plats for tentative approval for plats involving more than 50 lots,
provided that any such ordinance provides for the submission of a preliminary
subdivision plat for tentative approval at the option of the landowner for plats
involving 50 or fewer lots. The designated agent shall complete action on the
preliminary subdivision plats within 45 days of submission. However, if approval
of a feature or features of the preliminary subdivision plat by a state agency
or public authority authorized by state law is necessary, the designated agent
shall forward the preliminary subdivision plat to the appropriate state agency
or authority for review within five business days of receipt of such preliminary
subdivision plat.

B. Any state agency or public authority authorized by state law making a review
of a preliminary subdivision plat forwarded to it under this section, including,
without limitation, the Virginia Department of Transportation and authorities
authorized by Chapter 51 (&#xA7; 15.2-5100 et seq.), shall complete its review
within 30 days of receipt of the preliminary subdivision plat upon first
submission and within 30 days for any proposed plat that has previously been
disapproved, provided, however, that the time period set forth in &#xA7;
15.2-2222.1 shall apply to plats triggering the applicability of said section.
The Virginia Department of Transportation and authorities authorized by Chapter
51 (&#xA7; 15.2-5100 et seq.) shall allow use of public rights-of-way for public
street purposes for placement of utilities by permit when practical and shall
not unreasonably deny plat approval. If a state agency or public authority
authorized by state law does not approve the plat, it shall comply with the
requirements, and be subject to the restrictions, set forth in subsection A of
&#xA7; 15.2-2259 with the exception of the time period therein specified. Upon
receipt of the approvals from all state agencies, the designated agent shall act
upon a preliminary subdivision plat within 20 days.

C. The designated agent shall act on the plat within 30 days after receiving
approval from all state agencies. If the designated agent does not approve the
preliminary subdivision plat, the designated agent shall (i) set forth in
writing all deficiencies in the plat that caused the disapproval by referencing
to specific duly adopted ordinances, regulations, or policies and (ii) identify
modifications or corrections that will permit approval of the plat. With regard
to plats involving commercial or residential property, as those terms are
defined in subdivision A 2 of &#xA7; 15.2-2259, the review process for such
plats shall be the same as provided in subdivisions A 2 and A 3 of &#xA7;
15.2-2259. All actions on preliminary subdivision plats shall be completed by
the designated agent and, if necessary, state agencies, within a total of 90
days of submission to the designated agent.

D. If the designated agent fails to approve or disapprove the preliminary
subdivision plat within 90 days after it has been officially submitted for
approval, the subdivider after 10 days&#8217; written notice to the designated
agent, may petition the circuit court for the locality in which the land
involved, or the major part thereof, is located to enter an order with respect
thereto as it deems proper, which may include directing approval of the plat.

E. If a designated agent disapproves a preliminary subdivision plat and the
subdivider contends that the disapproval was not properly based on the ordinance
applicable thereto, or was arbitrary or capricious, he may appeal to the circuit
court having jurisdiction of such land and the court shall hear and determine
the case as soon as may be, provided that his appeal is filed with the circuit
court within 60 days of the written disapproval by the designated agent.

F. Once a preliminary subdivision plat is approved, it shall be valid for a
period of five years, provided the subdivider (i) submits a final subdivision
plat for all or a portion of the property within one year of such approval or
such longer period as may be prescribed by local ordinance, and (ii) thereafter
diligently pursues approval of the final subdivision plat. &#8220;Diligent
pursuit of approval&#8221; means that the subdivider has incurred extensive
obligations or substantial expenses relating to the submitted final subdivision
plat or modifications thereto. However, no sooner than three years following
such preliminary subdivision plat approval, and upon 90 days&#8217; written
notice by certified mail to the subdivider, the designated agent may revoke such
approval upon a specific finding of facts that the subdivider has not diligently
pursued approval of the final subdivision plat.

G. Once an approved final subdivision plat for all or a portion of the property
is recorded pursuant to &#xA7; 15.2-2261, the underlying preliminary plat shall
remain valid for a period of five years from the date of the latest recorded
plat of subdivision for the property. The five year period of validity shall
extend from the date of the last recorded plat.

HISTORY: Code 1950, §§ 15-789, 15-967.10; 1952, c. 333; 1962, c. 407, §
15.1-475; 1964, c. 498; 1975, c. 641; 1977, c. 10; 1978, c. 283; 1979, c. 111;
1980, c. 73; 1986, c. 483; 1989, cc. 471, 495; 1990, c. 171; 1992, c. 843; 1993,
c. 846; 1996, c. 353; 1997, c.; 2002, c. 530; 2006, c. 461; 2007, c. 202; 2008,
cc. 426, 718, 855; 2009, c. 194; 2014, c. 393; 2024, c. 346; 2025, cc. 100, 594.