(1) General.
(a) Any person aggrieved by the interpretation, administration, or enforcement of these regulations as they apply to a subdivision or site plan application may petition the Circuit Court of Loudoun County as provided by law.
(b) Any subdivider or developer who contends that action has not been taken on a preliminary plat or record plat of subdivision or a final site plan by the respective approving authority within the time period established by law shall give ten (10) days written notice to the approving authority of his intent to petition the Circuit Court for an appropriate remedy pursuant to Virginia Code Section 15.2-2259 prior to filing such a petition with the Court.
(2) Subdivision/Vacation.
(a) Preliminary plat; vacation.
1. If the Director disapproves a preliminary plat of subdivision, or if a subdivider objects to any condition imposed by the Director upon the approval of a preliminary subdivision, or if the Director denies consent to a proposed record plat vacation, and the subdivider contends that such disapproval or denial or condition was not properly was not properly based upon this Ordinance, or was arbitrary or capricious, the subdivider may appeal such disapproval or conditional approval or denial to the Planning Commission, provided that such appeal notice is submitted to the Director within fourteen (14) days after the receipt of the certified mail disapproval or conditional approval or denial.
2. The Commission shall hear and determine the appeal as soon as may be, but in no event more than thirty (30) days after receipt of written appeal notice. The Commission may delay its action on the request for appeal if the subdivider has submitted a written request for delay. The Commission shall review the preliminary subdivision only for the appeal issues as related to conformance with this Ordinance.
3. The action of the Commission on the appeal shall be substituted for the decision of the Director and shall be deemed final. Nothing herein shall be interpreted to preclude the subdivider from pursuing an appeal to the Circuit Court in accordance with the provisions contained in the Virginia Code, nor to preclude the subdivider from submitting a new preliminary subdivision application for the same development or property if no appeal is pending. If such final action of the Commission is appealed to the Circuit Court, the Court shall hear and determine the case as soon as may be, provided that such appeal has been filed within the Court within sixty (60) days after the final action of the Commission.
(b) Record plat. If the Director disapproves a record plat, or a preliminary/record plat of a subdivision and the subdivider contends that such disapproval is not properly based upon this Ordinance or was arbitrary and capricious, he may appeal such disapproval to the Circuit Court, and the Court shall hear and determine the case as soon as may be, provided that such appeal is filed with the Court within sixty (60) days after the written disapproval by the approving authority or its agent.
(3) Site Plan.
(a) Any applicant who is aggrieved by a disapproval of a site plan may within fourteen (14) working days of such decision request in writing an appeal of that decision to the Planning Commission. The Commission shall review the site plan only as related to the appeal issues for conformance with regulations of this Ordinance, the Zoning Ordinance and applicable County ordinances.
(b) The Commission shall act on a site plan within thirty (30) days after filing of the written request for appeal by approving or disapproving such plan. The Commission may delay its action on the request for appeal if the applicant has submitted a written request for delay. In the event of disapproval of a site plan, specific reasons for disapproval shall be set forth in writing and shall identify deficiencies in the plan which cause the disapproval by reference to specific duly adopted ordinances, regulations, or policies, and shall generally identify such modifications or corrections as will permit approval of the plan.
(c) When an applicant has elected to pursue an appeal of the Director's decision on a site plan to the Commission, the action of the Commission shall be substituted for the decision of the Director and shall be deemed final. Nothing herein shall be interpreted to preclude the applicant from pursuing an appeal of this final action of the Commission to the Circuit Court in accordance with other provisions contained in this section, nor to preclude the applicant from submitting a new site plan application for the same development or property if no appeal is pending.
(4) Board of Zoning Appeals. An appeal to the Board of Zoning Appeals, in accordance with provisions of the Zoning Ordinance and Virginia Code Section 15.2-2311, may be made by any person aggrieved or by any officer, department, board, or bureau of the County affected by any decision of the Zoning Administrator or from any order, requirement, decision or determination made by any other administrative officer in the administration or enforcement of the provisions of this Ordinance relating to zoning requirements, provided, however, that appeals of a decision of the Zoning Administrator regarding any proffered condition shall be pursued in accordance with applicable provisions of the Zoning Ordinance.
(Ord. 00-04. Passed 4-29-00.)