Virginia localities can’t legally cap the number of applications for new housing developments they’ll consider, nor rescind the rezoning approval of a development that hasn’t broken ground, according to attorneys for Isle of Wight County and the town of Smithfield.
“Virginia does not allow moratoriums, even temporarily, on land use applications,” County Attorney Bobby Jones told Isle of Wight’s Board of Supervisors on Jan. 16.
According to Jones, once a rezoning application is filed, it undergoes review by county staff and state agencies such as the Virginia Department of Transportation. Once that review is complete, it heads to the Planning Commission, which has 100 days to hold a public hearing and vote on a recommendation to the supervisors.
If the commissioners don’t reach a decision within the allowed timeframe, the application heads to the supervisors with an automatic recommendation for approval.
Under current state law, the supervisors then have 12 months to hold their own hearing and vote. The only discretion the supervisors have is over the date and time of the required hearing, so long as it falls within the allowed window.