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15.2-4307 - Planning commission review of application; notice; hearing.

§ 15.2-4307. Planning commission review of application; notice; hearing.

Upon the receipt of an application for a district or for an addition to anexisting district, the local governing body shall refer such application tothe planning commission which shall:

1. Provide notice of the application by publishing a notice in a newspaperhaving general circulation within the district and by providing for theposting of such notice in five conspicuous places within the district. Theplanning commission shall notify, by first-class mail, adjacent propertyowners as shown on the maps of the locality used for tax assessment purposes.The notice shall contain: (i) a statement that an application for a districthas been filed with the local governing body and referred to the localplanning commission pursuant to this chapter; (ii) a statement that theapplication will be on file open to public inspection in the office of theclerk of the local governing body; (iii) where applicable a statement thatany political subdivision whose territory encompasses or is part of thedistrict may propose a modification which must be filed with the localplanning commission within thirty days of the date that the notice is firstpublished; (iv) a statement that any owner of additional qualifying land mayjoin the application within thirty days from the date the notice is firstpublished or, with the consent of the local governing body, at any timebefore the public hearing the local governing body must hold on theapplication; (v) a statement that any owner who joined in the application maywithdraw his land, in whole or in part, by written notice filed with thelocal governing body, at any time before the local governing body actspursuant to § 15.2-4309; (vi) a statement that additional qualifying landsmay be added to an already created district at any time upon separateapplication pursuant to this chapter; (vii) a statement that the applicationand proposed modifications will be submitted to the advisory committee; and(viii) a statement that, upon receipt of the report of the advisorycommittee, a public hearing will be held by the planning commission on theapplication and any proposed modifications;

2. Refer such application and proposed modifications to the advisorycommittee;

3. Report its recommendations to the local governing body including but notlimited to the potential effect of the district and proposed modificationsupon the locality's planning policies and objectives;

4. Hold a public hearing as prescribed by law; and

5. Publish in a newspaper having general circulation within the district anotice describing the district or addition, any proposed modifications andany recommendations of the planning commission and the advisory committee andsend the notice by first-class mail to adjacent property owners and to thosepolitical subdivisions whose territory encompasses all or is any part of thedistrict or addition.

(1977, c. 681, § 15.1-1511; 1979, c. 377; 1981, c. 546; 1984, c. 20; 1985, c.13; 1987, c. 552; 1993, cc. 745, 761; 1997, c. 587; 1998, c. 833.)

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