§ 5-07. Appeals.

5-07.1.

Approval. The city manager shall act on any proposed final plat within sixty (60) days after it has been officially submitted for approval by either approving or disapproving the final plat in writing, and giving with the latter specific reasons therefor. The city manager shall thoroughly review the plat and shall make a good faith effort to identify all deficiencies, if any, with the initial submission. Specific reasons for disapproval shall be contained either in a separate document or on the plat itself. The reasons for disapproval shall identify deficiencies in the plat that cause the disapproval by reference to specific duly adopted ordinances, regulations, or policies and shall identify modifications or corrections as will permit approval of the plat. The city manager shall act on any proposed final plat that he has previously disapproved within forty-five (45) days after the plat has been modified, corrected and resubmitted for approval.

5-07.2.

Appeal of failure to act. If the city manager fails to approve or disapprove the final plat within sixty (60) days after it has been officially submitted for approval, or within forty-five (45) days after it has been officially resubmitted after a previous disapproval, the subdivider, after ten (10) days' written notice to the city manager, may petition the Circuit Court of Newport News to decide whether the plat should or should not be approved. The court shall give the petition priority on the civil docket, hear the matter expeditiously in accordance with the procedures prescribed in Article 2 (§ 8.01-644 et. seq.) of Chapter 25 of Title 8.01 of the Code of Virginia, 1950, as amended, and make and enter an order with respect thereto as it deems proper, which may include directing approval of the plat.

If the city manager disapproves a final 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 of the city 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 sixty (60) days of the date of the written disapproval by the city manager.

(Ord. No. 5959-03, § 1)

(Ord. No. 5959-03, § 1)