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wumniueu irom rage as may be prescribed by the governing body.” If the commission fails to make a recommendation within this time period, inaction is deemed to be approval.
Although the statute grants a commission up to 90 days to make a recommendation, Coleman maintains that the language of the Code and "the advisory nature of the commission's role authorize the governing body to stipulate a shorter time period on the deliberations of the planning commission.”
Coleman concludes that "if the Rappahannock County Board of Supervisors stipulated a time limit for the planning commission to report its recommendations, it was authorized to act on the amendment when the commission failed to take a position within that period of the amendment when the commission failed to take a position within that period of time. If no stipulation was made, however, the governing body was required to wait until 90 days had passed before it enacted the amendment."
“Final Decision”
Luke's letter to Barksdale requested the Planners to advertise jointly with the Supervisors on August l"7 and 24 for a hearing by the Planners no later than August 31 and a Supervisor hearing no later than September 5, 1978. Luke further stated that "a final decision will be made at our (the Supervisors') regular meeting on September 7, 1978."
The minutes of the Supervisors’ meeting on August 3 show no motion or resolution to stipulate a shorter period of time for the Planning Commission's considerations than the 90 days allowed bv the Code.
The minutes state that the chairman, "with the general approval of the Board." was asked to forward the proposed amendments to the Planning Commission "for further consideration."
The minutes also note that the chairman would request the Planning Commission to schedule a special meeting before September 7. |d78, or a joint meeting with the Supervisors on September 7.
In accordance with the Supervisors request, the
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