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Abingdon City Zoning Code

ARTICLE X

Subdivision

Section 10-1-1 Title.

[1-3-2023 by Ord. No. 2023.01.03]
This article is a portion of this Chapter 44, Land Use, of the Code of the Town of Abingdon, Virginia. It shall be permitted, for convenience, to be referred to as the "Subdivision Ordinance of the Town of Abingdon, Virginia" or "Ordinance."

Section 10-1-2 Recording of ordinance.

[1-3-2023 by Ord. No. 2023.01.03]
In accord with the Code of Virginia, § 15.2-2252, as amended, a certified copy of the adopted Subdivision Ordinance of the Town of Abingdon, Virginia, and any and all amendments thereto shall be filed in the office of the Subdivision Agent (Agent) and in the Clerk's office of the Circuit Court of Washington County, Virginia.

Section 10-1-3 Amendments.

[1-3-2023 by Ord. No. 2023.01.03]
Per the Code of Virginia, §§  15.2-2251 and 15.2-2253, as amended, this article may be amended in whole or in part by the governing body, provided that any such amendment shall either originate with or be submitted to the Planning Commission for recommendation; further, provided that no such amendment shall be adopted without a public hearing having been held by the governing body in accordance with the Code of Virginia, § 15.2-2204, as amended. In no instance shall an amendment be adopted by the governing body of the locality without first seeking the recommendation of the Commission. If no recommendation is made by the Commission, the governing body may take action 60 days from their inquiry.

Section 10-1-4 Repeal.

[1-3-2023 by Ord. No. 2023.01.03]
Upon the adoption of this chapter, all subdivision ordinances heretofore adopted by the Town Council of the Town of Abingdon are hereby repealed.

Section 10-1-5 Applicability.

[1-3-2023 by Ord. No. 2023.01.03]
(a) 
No person shall subdivide any tract of land that is located within the Town of Abingdon except in conformity with the provisions of this article, this chapter, and the provisions of Virginia law relating to land subdivision and development.
(b) 
Any owner or developer of any tract of land situated within the corporate limits of the Town of Abingdon who subdivides the same shall cause a plat of such subdivision, with reference to known or permanent monuments, to be made and recorded in the office of the Clerk of the Circuit Court of Washington County, Virginia. No such plat of a subdivision shall be submitted for recordation unless and until it shall have been approved and certified in accordance with the regulations set forth in this chapter.

Section 10-1-6 Circumvention prohibited.

[1-3-2023 by Ord. No. 2023.01.03]
Development of two or more adjoining minor subdivisions for the purpose of circumventing subdivision requirements shall not be permitted.

Section 10-1-7 Exemptions.

[1-3-2023 by Ord. No. 2023.01.03]
Subdivision shall not apply to:
(1) 
Existing parcels. The sale or exchange of existing parcels of land between owners and the creation of boundary surveys which do not change or alter any boundary lines of a parcel.
(2) 
Utility rights-of-way; public, private rights-of-way. A bona fide division of a tract of land in order that one or more of the resulting parcels may be used as part of a public or private right-of-way. If a parcel resulting from such division is ever to be used as a building site for other than a hereinabove described right-of-way, then before a building permit may be issued for such other use, the minimum requirements of this chapter shall be observed.
(3) 
Wills, court action. The partition of lands by will, by partition deed of intestate land, by the descendants of the deceased former owner or through action of a court of competent jurisdiction.
(4) 
Minor subdivisions and boundary line adjustments. These divisions and adjustments will be reviewed for suitability and lot standards through an administrative plat review process.

Section 10-2-1 Suitability of land.

[1-3-2023 by Ord. No. 2023.01.03]
(a) 
The Agent shall not approve the subdivision of land if, from adequate investigations conducted by all public agencies concerned, it has been determined that in the best interest of the public the site is not suitable for platting and development purposes of the kind proposed.
(b) 
Land subject to flooding and land deemed to be topographically unsuitable, having unsuitable soils, or inadequate light and air shall not be platted for residential occupancy nor for such other uses as may increase danger of health, life, or property or may aggravate erosion or flood hazard. Such land within the subdivision shall be set aside on the plat for such uses as shall not be endangered by periodic or occasional inundation or shall not produce conditions contrary to public welfare.
(1) 
To ensure that owners will have sufficient land upon which to construct a structure that is flood-free, compliance with floodway widths and the 100-year flood elevations contained within the Town's Flood Insurance Study (FIS) is mandatory. The Town Engineer may require the applicant to provide elevation and flood profiles, based on a 100-year floodplain, sufficient to demonstrate the land to be completely free of the danger of floodwater at an elevation of at least one foot below any probable floor level of any structure for human occupancy.
(2) 
Except as provided herein the Town Engineer shall not approve streets subject to inundation or flooding by water. All streets must be adequately located above the line of flood elevation to prevent isolation of areas by flood. Drainage facilities in local, collector, and cul-de-sac streets shall be designed to handle a storm with an expected return period of once in every 10 years. Drainage facilities in arterial streets shall be designed to handle a storm with a twenty-five-year return period.

Section 10-2-2 Lots.

[1-3-2023 by Ord. No. 2023.01.03]
(a) 
Lot size. Lot area and dimensions shall be in accordance with the provisions of this chapter for the zone in which the subdivision is located.
(b) 
Lot shape. The lot arrangement, design, and shape shall be such that lots will provide satisfactory and desirable sites for buildings, be properly related to topography, and conform to requirements set forth herein. Lots shall not contain peculiarly shaped elongations which would be substantially unusable for normal purposes solely to satisfy necessary square footage or frontage requirements or to provide access to any lot that would otherwise not have road frontage.
(c) 
Abut on a public street. Each lot shall abut on a street dedicated by the subdivision plat or an existing publicly dedicated and maintained street, or on a street which has become public by right of use. Interior lots having frontage on two streets shall be avoided except where unusual conditions make this design necessary.
(d) 
Corner lots. Corner lots shall have extra width sufficient for maintenance of required setbacks on both streets as required by this chapter.
(e) 
Lot lines. Side lines of lots shall be approximately at right angles, or radial to the street line.

Section 10-2-3 Remnants.

[1-3-2023 by Ord. No. 2023.01.03]
All remnants of lots below minimum size left over after subdividing of a tract must be added to adjacent lots, rather than be allowed to remain as unmarketable or nonconforming parcels.

Section 10-2-4 Streets.

[1-3-2023 by Ord. No. 2023.01.03]
(a) 
Generally.
(1) 
All streets in the proposed subdivision shall be designed and constructed by the subdivider in accordance with the minimum requirements of this chapter, at no cost to the locality.
(2) 
Unless otherwise provided herein or in this chapter, there shall be no private streets platted in any subdivision. Every subdivided property shall be served from a publicly dedicated street constructed to the standards of this Code and accepted and maintained by the Town of Abingdon.
(3) 
Street improvements shall be made in compliance with the latest edition of Road and Bridge Specifications of the Virginia Department of Transportation, where applicable.
(4) 
No development shall be approved if such development, at ultimate build-out, will result in or increase traffic on the arterial or collector street to which it is connected, so that the street does not function at an average daily traffic Level of Service C or better, or a peak traffic Level D, as described in "A Policy on Geometric Design of Highways and Streets," latest edition, published by the American Association of State Highway and Transportation Officials. The applicant may propose and construct approved traffic mitigation measures to provide adequate roadway capacity for the proposed development.
(b) 
Approach angle and intersections.
(1) 
Local streets shall approach the major or collector streets at an angle of not less than 80°, unless the Town Council upon recommendation of the Town Engineer, shall approve a lesser angle of approach for reasons of contour, terrain, or matching of existing patterns. Whenever possible, streets should intersect at a right angle. Where a deflection angle of more than 2° in the alignment of a street occurs, a curve of reasonably long radius shall be introduced.
(2) 
On streets 60 feet or more in width the center-line radius of curvature shall not be less than 300 feet, on other streets not less than 100 feet.
(3) 
Face of curb radii at intersections shall generally be not less than 30 feet for collector streets nor less than 20 feet for local streets. Face of curb radii at arterial street intersections shall be as determined by the Town Engineer.
(c) 
Minimum widths.
(1) 
The minimum width of existing and proposed streets, measured from lot line to lot line, shall be as shown on the street designation map incorporated in Addendum A. The minimum width of streets, which do not appear on said map, shall be classified according to potential traffic load determined by the public works department as follows:
a. 
Arterial or thoroughfare streets: not less than 80 feet, or as shown on the current state transportation plan.
b. 
Collector streets: not less than 60 feet.
c. 
Local service streets which cannot be extended in the future: not less than 50 feet.
d. 
Alleys, if permitted: not less than 20 feet.
(2) 
Whenever subdivided property abuts an existing half street, the remainder of the street shall be dedicated to make the right-of-way on the half street abutting the subdivision comply with Section 10-2-6(c)(1) above.
(3) 
Streets shall be graded to the cross section and profile approved by the Town Council.
(4) 
Streets shall be surfaced to the following minimum pavement widths:
a. 
Collector streets: 40 feet (face of curb to face of curb).
b. 
Local service streets: 34 feet (including gutter pans).
c. 
Alleys: 16 feet.
(d) 
Street grades.
(1) 
On streets that are required to have a right-of-way width of 60 feet or more, grades shall not exceed 6%.
(2) 
On streets and alleys permitted to have a right-of-way width of less than 60 feet, grades shall not exceed 12%.
(3) 
All streets and alleys, including those within platted areas which are dedicated for public uses, shall be graded to the full right-of-way width unless the Town Council permits a lesser graded width. In all cases the center line of the roadway shall coincide with the center line of the dedicated right-of-way.
(e) 
Culs-de-sac.
(1) 
Local terminal streets (cul-de-sac), designed to have one end permanently closed, shall not be longer than 1,000 feet, to the beginning of the turnaround.
(2) 
Each cul-de-sac must be terminated by a turnaround having a property line diameter of at least 100 feet.
(3) 
If surface water drains into the turnaround, due to the grade of the street, necessary storm drainage facilities, and drainage easements shall be provided.
(4) 
The minimum face of curb radius shall be 42 feet.
044 Figure 10.1.tif
(f) 
Alleys.
(1) 
Alleys shall be provided in business and industrial districts, except that the Town Council may waive this requirement where other definite and assured provision is made for service access, such as off-street loading and unloading, and parking consistent with and adequate for the uses proposed.
(2) 
While not required, the Town Council may recommend alleys be provided to serve residential properties where such alleys are considered necessary. In any case, dead-end alleys should be avoided where possible, but, if unavoidable, shall be provided with adequate turn-around facilities as recommended by the Town Council.
(g) 
Construction requirements.
(1) 
All roadways shall be paved with bituminous material, in accordance with the requirements of the Town of Abingdon Department of Public Works for acceptance by that Department and as approved by the Town Council after receiving the report and recommendation of the Town Manager. The subdivider shall be responsible for bringing roadways up to standard for initial acceptance by the Abingdon Department of Public Works.
(2) 
Curbs and gutters shall be installed on both sides of all streets and shall conform to the Virginia Department of Highways and Transportation Standard CG-6. When in the opinion of the Town Engineer curbing alone will satisfy the needs of the subdivision, curbs conforming to Standard CG-2 shall be constructed on both sides of all streets. Curb depth below surface of pavement may be modified if so recommended by the Director of Public Works.
(3) 
Sidewalks of concrete or other approved material with a minimum width of five feet and a minimum thickness of four inches shall be installed on both sides of all streets when the adjacent property has an existing sidewalk or when in compliance with the Comprehensive Plan; provided, however, that where warranted, the Town Council may waive these requirements.
(4) 
Where sidewalks and/or curbs and gutters are installed, drive entrances shall be constructed conforming to Virginia Department of Transportation Standard CG-9B or CG-9D as determined by the Town of Abingdon prior to construction. Where no sidewalk is constructed, an apron two feet wide shall be constructed conforming to Section C-C of CG-9B and Section A-A of CG-9D.
(h) 
Names.
(1) 
Unless the Town Council allows an exception, proposed streets which are obviously in alignment with others already existing and named, shall bear the names of the existing streets.
(2) 
In no case shall the name of the proposed streets duplicate existing street names regardless of the use of the suffix street, avenue, boulevard, drive, way, place, or court.
(3) 
Street names shall be indicated on the preliminary and final plats and shall be approved by the Town Council.
(4) 
Names of existing streets shall not be changed except by the approval of the Town Council. House numbers (911 addresses) shall be assigned by the Town of Abingdon.
(i) 
Signs. Street name signs shall be installed at all street intersections at locations approved by the Director of Public Works. Sign plates shall be of metal, black letters on a white background with letters and backgrounds fully reflectorized, attached to a post.

Section 10-2-5 Access.

[1-3-2023 by Ord. No. 2023.01.03]
(a) 
Future access.
(1) 
Whenever an area is divided into lots and cannot be further divided, and the Town Council requires provisions for street access to adjoining property, proposed streets shall be extended by dedication and construction to the boundary of such property. Such dead-end streets shall be provided with a temporary turnaround.
(2) 
Whenever an area is divided into lots, containing one or more acres, and such lots can be resubdivided into smaller building lots, consideration must be given to the highway, street and lot arrangement of the original subdivision so that additional local streets can be opened which will permit a logical arrangement of smaller lots. Easements, providing for the future opening and extension of such streets may, at the discretion of the Town Council, be made a requirement of the plat.
(3) 
Half streets along the boundary of land proposed for subdivision are not permitted.
(b) 
The arrangement of streets in new subdivisions shall make provision for the continuation of existing streets in adjoining areas where streets already exist. Collector and local streets shall be respectively extended as such. The street arrangement must be such as to cause no unnecessary hardship to owners of adjoining property.
(c) 
When the area to be subdivided adjoins a railroad right-of-way, the intersection of the center line of any street or highway paralleling the railroad with that of any street that crosses the railroad shall be a minimum of 150 feet from the line of the railroad right-of-way.
(d) 
Individual lots shall have only one point of ingress/egress per the VDOT Private Entrance Standard (PE-1).

Section 10-2-6 Blocks.

[1-3-2023 by Ord. No. 2023.01.03]
(a) 
Length. Blocks shall not exceed 1,200 feet in length, and they shall not be less than 400 feet in length.
(b) 
Width. Blocks shall be wide enough to allow for two tiers of lots at minimum depth except where prevented by topographical conditions or width of property, in which case the Town Council may alter the width.
(c) 
Crosswalks. In blocks over 800 feet in length, the Town Council may require one or more public crosswalks, of not less than 10 feet in width, to extend entirely across the block and at locations deemed necessary.
(d) 
Block orientations. Where a subdivision adjoins a major road, the Town Council may require that the greater dimension of the block shall front or back upon such major thoroughfare to avoid unnecessary ingress or egress.
(e) 
Business or industrial blocks. Blocks intended for business or industrial use shall be designed specifically for such purposes with adequate space set aside for off-street parking and delivery facilities.

Section 10-2-7 Other improvements.

[1-3-2023 by Ord. No. 2023.01.03]
(a) 
Water lines. The water distribution system in the subdivision shall be as required and approved by the Washington County Service Authority. Mains shall be sized for adequate fire protection and the number of fire hydrants and their spacing shall be in accordance with the adopted Virginia Statewide Fire Prevention Code,[1] utilizing the Table (Required Number and Spacing of Fire Hydrants) in the Appendix - Fire Hydrant Locations and Distribution.
[1]
Editor's Note: See Code of Virginia § 27-4 et seq.
(b) 
Sewer. All sewer installations shall conform to the requirements of the Town Ordinance pertaining to utilities.[2] Based on distance to existing public sewer, gravity, and availability, the subdivider shall connect to the public sanitary sewer system or provide private septic. The sewer system connecting to public utility shall be approved by the Town of Abingdon, and construction shall be in compliance with the technical specifications for sanitary sewer construction for the Town of Abingdon and the State Department of Environmental Quality. Private septic facilities shall be approved by the Health Official and/or the Town of Abingdon for the adequate disposal of sanitary waste.
[2]
Editor's Note: See Ch. 74, Utilities, of the Town Code.
(c) 
Stormwater. Adequate facilities shall be provided for the disposal of stormwater. The storm drainage system shall be approved by the Town of Abingdon Department of Public Works. All stormwater facilities shall be constructed in accordance with the requirements as set forth in the Town's Erosion and Sediment Control Ordinance.[3] Additionally, the use of low impact development practices should be considered and is encouraged wherever practical.
[3]
Editor's Note: See Ch. 30, Art. IV, Erosion and Sediment Control, of the Town Code.
(d) 
Streetlights.
(1) 
Streetlights shall be provided on all collector, arterial, and local streets within or contiguous to a subdivision. The streetlight layout shall be in accordance with the VDOT Subdivision Street Guide (24VAC-30-91-160). The installation cost shall be paid by the subdivider. Each streetlight shall:
a. 
Consist of a uniform style within the subdivision and to adjacent streetlights.
b. 
Be full cutoff luminaires and aimed and controlled such that light is directed and confined to the object intended to be illuminated.

Section 10-2-8 Easements.

[1-3-2023 by Ord. No. 2023.01.03]
(a) 
In accordance with the Code of Virginia, § 15.2-2241(2), as amended, the Town of Abingdon or it's Agent shall require that easements for drainage through adjoining property be provided by the subdivider when needed to adequately provide for drainage or flood control.
(b) 
In accordance with the Code of Virginia, § 15.2-2241(6), as amended, once a developer conveys an easement that will permit electric, cable or telephone service to be furnished to a subdivision and a request is made to use the easement for said purpose, the developer shall grant the easement within 30 days or mutually agree on an alternate location for an easement.
(c) 
Where alleys are not provided in the plat, public utility easements of not less than 10 feet in width shall be granted to the Town of Abingdon by the owner on each side of all rear lot lines and, where necessary, alongside lot lines. Easements of greater width may be required along lot lines or across lots when necessary for the extensions of main sewers or other utilities. Easements 20 feet in width shall be required for all public sanitary sewer lines, centered on existing or proposed sanitary sewer lines, within the area platted.
(d) 
No buildings or structures shall be permitted on easements.
(e) 
Wherever any stream or surface watercourse is located in an area that is being subdivided, the subdivider shall at his own expense, make adequate provisions for the proper drainage of surface water.

Section 10-2-9 Monuments.

[1-3-2023 by Ord. No. 2023.01.03]
(a) 
Upon completion of subdivision streets, sewers, and other improvements, the subdivider shall make certain that all monuments required by the Town of Abingdon are clearly visible for inspection and use. Such monuments shall be inspected and approved by the Director of Public Works before any improvements are accepted by the Town Council.
(b) 
As allowed by the Code of Virginia, § 15.2-2241(7), as amended, at least two concrete monuments shall be set in each subdivision block. Such monuments shall be four inches in diameter or square, two feet long, with a flat top, or other standard acceptable to the Public Works Department. The top of the monument shall have an indented cross to identify properly the location and shall be set flush with the finished grade. A minimum of two monuments in each subdivision shall be tied to the Global Positioning System (GPS).
(c) 
The replacement of any monuments removed or destroyed during the development of the subdivision shall be the responsibility of the subdivider.

Section 10-2-10 Exceptions.

[1-3-2023 by Ord. No. 2023.01.03]
(a) 
Planned large-scale developments. Whenever a subdivision is developed as a planned unit development or other large-scale development under appropriate provisions of this chapter, the Town Council may vary the requirements of lots, streets, access, and blocks as outlined in this division in order to allow the subdivider more flexibility in the arrangements of the streets, blocks, and lots. Any such exception shall provide for the convenience, health, and safety of the probable future residents of the subdivision as well as the general welfare of the surrounding area.
(b) 
A planned unit development, including the large-scale construction of housing units together with necessary drives and access may be approved by the Town Council although the design of the project does not include standard lot and subdivision arrangements, if departure from the foregoing standard can be made without destroying the intent of this article.
(c) 
All other exceptions shall go before the Board of Zoning Appeals as outlined in Section 10-5-5 of this article.

Section 10-3-1 Improvement plans.

[1-3-2023 by Ord. No. 2023.01.03]
(a) 
With, or prior to, the submittal of the final plat, the subdivider shall submit the following plans, profiles and cross sections, and specifications for the construction of the improvements for the subdivision as required in these regulations:
(1) 
Drainage plans.
(2) 
Soil erosion and sediment control plans.
(3) 
Street plans including width of roadways, cross sections and profiles with present and proposed grades and street intersection elevations and all drainage and utility features required, and other necessary data. The cross sections shall be taken and withdrawn at intervals of not more than 50 feet along the center line, unless otherwise required by the Town of Abingdon, and shall extend out to the sides to that point where the proposed grade intersects the existing grade. In no case shall these cross sections be extended less than the full width of the right-of-way.
(4) 
Natural gas, water supply, and sewage disposal plans including drainage courses, existing sewers, water and gas mains and culverts, and other underground structures, showing pipe sizes, invert elevations, and grades.
(5) 
The plan and profile of proposed utility mains, sanitary sewers, and stormwater drains, with location, grades, and pipe sizes indicated, and a plan of the proposed water distribution system showing pipe sizes and location of valves and fire hydrants.
(b) 
Improvement plans shall be drawn to a horizontal scale of at least one inch to 30 feet and a vertical scale of one inch to five feet or less. Elevations shall be referred to mean sea level with one or more benchmarks described on the plans.
(c) 
Improvement plans shall be prepared by a professional engineer or land surveyor, who shall endorse the plan.
(d) 
Standards, specifications and special provisions, approved by the Department of Public Works, may be required.
(e) 
The improvements plans shall include any information and notes, as set forth in the improvement plan submittal requirements, as published and revised, from time to time, by the Town of Abingdon Department of Public Works.

Section 10-3-2 Obligation of improvements.

[1-3-2023 by Ord. No. 2023.01.03]
(a) 
All improvements and facilities required by this article shall be installed by the subdivider at their cost and are not the responsibility of the Town of Abingdon, as outlined in the Code of Virginia, § 15.2-2268, as amended. No bond or other performance guarantee posted by the subdivider shall be released until construction has been completed, inspected, and approved by the Town of Abingdon. Periodic partial release is allowed as outlined in the Code of Virginia, § 15.2-2245, as amended, and Section 10-4-4 of this article.
(b) 
As allowed by the Code of Virginia, §§ 15.2-2243 and 15.2-2242(5), as amended, the Town of Abingdon shall require a subdivider or developer of land to pay his pro rata share of the cost of providing reasonable and necessary road improvements, sewerage, water, and drainage facilities, located outside the property limits of the land owned or controlled by them but necessitated or required, at least in part, by the construction or improvement of his subdivision or development as per Town of Abingdon water and sewer regulations.[1]
[1]
Editor's Note: See also Ch. 74, Art. II, Sewers and Sewage Disposal, of the Town Code.
(c) 
Any improvements, which are installed and constructed as part of a subdivision or development, which are not required but will come under control of the Town of Abingdon, shall be installed and constructed in accordance with good engineering practices and approved by the Town Engineer.
(d) 
Inspection during and after installation of improvements will be made by representatives of the Town of Abingdon and approving agencies to ensure conformity with approved plans and specifications. The subdivider shall notify the Town of Abingdon in writing at least three days before commencing construction or installation on any item of improvement and of each phase of street construction. The subdivider shall also notify the Town of Abingdon upon completion of each improvement item or phase of street construction. The subdivider shall provide adequate competent supervision on the project site during construction of the required improvements and shall keep one set of approved plans, profiles, and specifications on the project site at all times when work is being performed.

Section 10-3-3 Procedure for plan approval and revisions.

[1-3-2023 by Ord. No. 2023.01.03]
(a) 
Improvement plans for the design and construction of required public facilities shall be submitted and approved prior to or with the final plat. The Town Engineer shall approve or disapprove plans within 30 days of their submission. The Town Engineer shall provide plans and specifications for installation or modification of the water system to the Washington County Service Authority for approval. In the event of the failure of the Town Engineer to act within such period, the plans may be submitted, after 10 days' notice to the Town of Abingdon, to the Circuit Court for its approval or disapproval.
(b) 
Prior to final approval by the Town of Abingdon, improvement plans shall be signed by the owner of the land proposed for subdivision. The signature shall certify that the owner is aware of the design requirements imposed by the plan and other applicable Town codes and shall further certify that the owner agrees to comply with these requirements, unless modified in accordance with the Town Code.
(c) 
The Town of Abingdon must approve, in writing, by written change order format, any significant deviation from previously approved plans and specifications. Requests for such deviations, accompanied by revised plans, shall be made by a licensed professional and presented to the Director of Public Works, who will implement the review and approval process.

Section 10-4-1 Required to be guaranteed.

[1-3-2023 by Ord. No. 2023.01.03]
(a) 
Guarantees for improvements shown on plat. Before any subdivision plat will be finally approved the subdivider shall, in lieu of completed construction, furnish a bond in an amount approved by the Agent to guarantee completion of the public and other site-related improvements in accordance with specifications and construction schedules established. The guarantee shall be payable to and held by the governing body. However, in accordance with the Code of Virginia, § 15.2-2241(B), as amended, any certified check, cash escrow, bond, letter of credit or other performance guarantee furnished pursuant to this article shall only apply to, or include the cost of, any facility or improvement shown or described on the approved plat or plan of the project for which such guarantee is being furnished.
(b) 
Guarantees for dedicated public uses. In accordance with the Code of Virginia, § 15.2-2241.1, as amended, provided the developer and the governing body have agreed on the delineation of sections within a proposed development, the developer shall be required to furnish a bond for construction of public facilities only when construction plans are submitted for the section in which such facilities are to be located.
(c) 
Only those improvements not essential to human habitation can be completed under an improvements agreement. Essential health and safety improvements include, but are not limited to, road access to the subdivision, road access to each lot, sewage disposal and water supply facilities, fire protection facilities, intersection improvements, traffic safety signage and must be completed by the developer. Other improvements requiring a guarantee include, but are not limited to:
(1) 
Structures necessary to ensure stability of critical slopes;
(2) 
Stormwater management facilities;
(3) 
Erosion and sediment control measures required as a condition to grading, building, or other permits; and
(4) 
Any privately owned site-related improvements, including but not limited to fencing, landscaping, buffering, internal sidewalks, lighting, paving, private recreational facilities, and pavement marking, required by this article but not completed prior to issuance of occupancy certificate.

Section 10-4-2 Types of guarantees.

[1-3-2023 by Ord. No. 2023.01.03]
The subdivider shall furnish a performance bond or other approved guarantee, made payable to the Town of Abingdon, by a surety company authorized to do business in the Commonwealth of Virginia and approved by the Town Attorney.

Section 10-4-3 Amount.

[1-3-2023 by Ord. No. 2023.01.03]
In determining the cost of required improvements and the amount of the guarantee, the Town of Abingdon shall require the developer's engineer to prepare the data for review by the Town Engineer. The amount shall be calculated to secure the installation of the required improvements in a workmanlike manner and in accordance with the plans and specifications plus, an additional 10% of the total estimated cost of construction to cover administrative costs, inflation, and potential damage to existing roads or facilities, as permitted by the Code of Virginia, § 15.2-2241, as amended.

Section 10-4-4 Release.

[1-3-2023 by Ord. No. 2023.01.03]
(a) 
As outlined in the Code of Virginia, § 15.2-2245, as amended, the subdivider may apply for the periodic partial and final complete release of any bond required under this article.
(1) 
Periodic partial release.
a. 
Upon the completion of at least 30% of the improvements covered by a performance guarantee, the applicant may file a written request with the Agent for a partial release of such guarantee.
b. 
The Agent may inspect the facilities for conformance with the terms and conditions of the approved plan and specifications for the facilities for which the guarantee is applicable. The Agent shall not refuse to make a periodic partial or final release of guarantee for any reason not directly related to the specified defects or deficiencies in construction of the facilities covered by such bond, escrow, letter of credit or other guarantee.
c. 
The Agent shall act upon the written request for a partial release within 30 days of receipt.
d. 
If no action is taken by the Agent within the thirty-day time period, the request for partial release shall be approved, and a partial release shall be granted to the subdivider or developer.
e. 
If the Agent notifies the subdivider or developer in writing of any specified defects or deficiencies in construction and/or any defects or deficiencies in any suggested corrected measures prior to the expiration of the thirty-day notice above, the performance guarantee shall remain in full force and effect, until such time as any and all defects or deficiencies have been corrected and the appropriate agencies have agreed that the deficiencies have been corrected.
f. 
Up to 90% of the original amount of the performance guarantee may be released through periodic partial releases, based upon the percentage of public facilities completed and approved by the Town of Abingdon or other agency having jurisdiction.
(2) 
Final release.
a. 
Upon final completion of the facilities, the subdivider or developer may file a written request for final release of the guarantee. Along with the request for final release, the subdivider shall submit one set of paper prints and one digital copy of as-built plans presented to the Director of Public Works, prior to acceptance by the Town of Abingdon. The as-builts should include, but are not limited to, the sanitary sewer, water distribution system, street lighting, street(s), and drainage.
b. 
The Agent and/or Director of Public Works may inspect the facilities for conformance with the terms and conditions of the approved plan and specifications for the facilities for which the guarantee is applicable.
c. 
The Agent shall either accept the facilities and release the remaining guarantee or notify the applicant that the facilities are not accepted and that there are specific defects or deficiencies in construction.
d. 
If the Agent fails to act within the thirty-day time period, then the applicant may make an additional request in writing for final release, sent by certified mail to the Town Manager. The Town Manager shall act within 10 working days of the request. If no action is taken, the request shall be deemed approved and final release granted to the applicant.
(b) 
For the purposes of this section, a certificate of partial or final completion of such facilities from either a duly licensed professional engineer or land surveyor, as defined in and limited to Code of Virginia, § 54.1-400, as amended, or from a department or agency designated by the Town of Abingdon may be accepted without requiring further inspection of such facilities.
(c) 
For the purposes of this section and as defined in the Code of Virginia, § 15.2-2245, as amended, the term "acceptance" means when the public facility is accepted by and taken over for operation and maintenance by the state agency, local government department or agency, or other public authority which is responsible for maintaining and operating such public facility upon acceptance.

Section 10-4-5 Extensions for completion.

[1-3-2023 by Ord. No. 2023.01.03]
If guaranteed facilities are not timely completed in a manner acceptable to the Town of Abingdon, with consideration given to the size and nature of the facilities and due diligence of the developer to complete, the Town Council shall direct the Agent to proceed via the provisions for default or allow an extension of time for the completion of facilities, not to exceed one year, provided that:
(1) 
All surety consents have been acquired and approved by the Town of Abingdon;
(2) 
The owner has submitted an acceptable revised schedule for completion; and
(3) 
Inspection of existing physical improvements is found to be satisfactory.

Section 10-4-6 Default.

[1-3-2023 by Ord. No. 2023.01.03]
In the event of default in the construction of guaranteed facilities, the Agent is authorized to take such action as may be required to protect the Town of Abingdon including, but not limited to:
(1) 
Draw or make demand on the owner or developer's security;
(2) 
Contract for the completion of the work, following the rules for public procurement; and
(3) 
Bring an action at law against the owner, developer, financial institution, or surety.

Section 10-5-1 Approval required before sale.

[1-3-2023 by Ord. No. 2023.01.03]
Whenever any subdivision of land is proposed, and before any permit for the erection of a structure shall be granted, the subdivider or their representative shall apply in writing to the Agent for the approval of the subdivision plat. No lot shall be sold until a final plat for the subdivision shall have been approved and recorded in the manner provided in this article.

Section 10-5-2 Changes to plats.

[1-3-2023 by Ord. No. 2023.01.03]
No change, erasure or revision shall be made on any preliminary or final plat, nor on accompanying data sheets, after approval has been endorsed, in writing, on the plat or sheets, unless authorization for such change has been granted in writing by the Agent.

Section 10-5-3 Separate ownership.

[1-3-2023 by Ord. No. 2023.01.03]
Where the land covered by a subdivision includes two or more parcels in separate ownership and the lot arrangement is such that a property ownership line divides one or more lots, the land in each lot so divided shall be transferred by deed to single ownership before approval of the final plat, and such transfer certified to the Town Council by the Clerk of the Circuit Court of Washington County, Virginia.

Section 10-5-4 Recording.

[1-3-2023 by Ord. No. 2023.01.03]
(a) 
As required by the Code of Virginia, § 15.2-2254, as amended, any owner or developer of any tract of land situated within the Town of Abingdon who subdivides the same shall cause a plat of subdivision to be made and recorded in the office of the Clerk of Circuit Court of Washington County. No such plat of subdivision shall be recorded unless and until it shall have been submitted, approved, and certified by the Agent in accordance with the regulations set forth in this article.
(b) 
As directed by the Code of Virginia, § 15.2-2241(8), as amended, after the Agent has approved the final plat, the subdivider shall file such plat for recordation in the Clerk's office of the Circuit Court within six months after approval thereof, otherwise such approval shall become null and void. However, in any case where construction of facilities to be dedicated for public use has commenced pursuant to an approved plan or permit with surety approved by the Town Council or Agent, or where the developer has furnished a guarantee to the Town Council or Agent by certified check, cash escrow, bond, or letter of credit in the amount of the estimated cost of construction of such facilities, the time for plat recordation shall be extended to one year after final approval or to the time limit specified in the approved guarantee agreement, whichever is greater.
(c) 
To entitle a final plat to be entered in the proper books in the office of the Clerk of Circuit Court of Washington County, the certificate of consent as outlined in the Code of Virginia, § 15.2-2264, as amended, together with the certificates of approval of the Agent, shall accompany it. These certificates shall be lettered or printed legibly on the face of the final plat. After the final plat shall have been approved by the Agent, the Clerk of Circuit Court shall sign the plat and cause a certified copy of the resolution approving such plat to be attached to the plat and returned to the subdivider.
(d) 
A recorded plat or final site plan shall be valid for a period of not less than five years from the date of approval of said plat or plan, as required by the Code of Virginia, § 15.2-2261, as amended.
(e) 
If the provisions of a recorded plat or final site plan, which was specifically determined by the Town Council and not its Agent, to be in accordance with the zoning conditions previously approved pursuant to the Code of Virginia, §§ 15.2-2296 through 15.2-2303, as amended, conflict with any underlying zoning conditions of such previous rezoning approval, the provisions of the recorded plat or final site plan shall control, and the zoning amendment notice requirements of the Code of Virginia, § 15.2-2204, as amended, shall be deemed to have been satisfied.
(f) 
Recordation of plats shall act as transfer of streets, termination of easements and rights-of-way as outlined in the Code of Virginia, § 15.2-2265, as amended.

Section 10-5-5 Variations and exceptions.

[1-3-2023 by Ord. No. 2023.01.03]
(a) 
Where the Board of Zoning Appeals finds that extraordinary hardships, or that these conditions would result in inhibiting the achievement of the objectives of these regulations, they may approve variations or exceptions to the regulations, provided that such variations or exceptions shall not have the effect of nullifying the intent and purpose of this chapter, and further, provided the Board of Zoning Appeals shall act in accordance with Article III, Division 5 of this chapter and not approve variations or exceptions to the regulations of this chapter unless it shall make findings based upon the evidence presented to it and in compliance with the Code of Virginia, § 15.2-2309, as amended.
(b) 
Any such variation or exception, authorized under the provisions of this section, shall be printed on the plat with the reasoning set forth on which the variation or exception was justified.

Section 10-6-1 Preliminary plat, boundary line adjustment or minor subdivision.

[1-3-2023 by Ord. No. 2023.01.03]
Prior to submission of a final plat for a boundary line adjustment or minor subdivision, the subdivider may have a preliminary conference and provide a sketch plan as outlined in Section 10-7-1(a)(3)b below.

Section 10-6-2 Final plat, boundary line adjustment or minor subdivision.

[1-3-2023 by Ord. No. 2023.01.03]
(a) 
The plat submitted for final approval and subsequent recording shall be digitally provided along with one paper copy clearly and legibly drawn with a scale of not more than 100 feet to the inch on sheets not larger than 18 inches by 34 inches or the largest size acceptable by the Circuit Court of Washington County nor smaller than 11 inches by 17 inches in size with a one-inch clear margin on the left edge and a one-half-inch margin on all other edges.
(b) 
In addition to the requirements of the preliminary plat, the final plat shall, as required by the Code of Virginia, § 15.2-2241, as amended, meet the standards for plats under § 42.1-82 of the Virginia Public Records Act[1] and include the following:
(1) 
Certificates signed by surveyor or other duly authorized professional recognized under the Code of Virginia, § 54.1-400, as amended, setting forth the source of title of the owners of the land subdivided and the place of record of the last instrument in the chain of title. When the plat is of land acquired from more than one source of title, the outlines of the several tracts shall be indicated upon such plat.
(2) 
As outlined in the Code of Virginia, § 15.2-2264, as amended, it shall contain in addition to the surveyor's certificate, a statement to the effect that, "the platting or dedication of the following described land [here insert correct description of the land subdivided] as appears in this plat is with the free consent and in accordance with the desire of the undersigned owners, proprietors, and trustees, if any," which shall be signed by the owners, proprietors and trustee, if any, and shall be duly acknowledged before some officer authorized to take acknowledgments of deeds, and when thus executed and acknowledged upon approval as herein specified, shall be filed and recorded in the office of the Clerk of the Circuit Court of Washington County, Virginia, and indexed under the names of the owners of the land signing such statement and under the name of the said subdivision.
(3) 
Names of subdivision, Town, magisterial district, county, state, owner, and subdivider; addresses of owner of record and subdivider; North point; the scale, date of drawing and any revisions; number of sheets; and the name of the licensed professional making the survey. If shown on more than one sheet, match lines shall clearly indicate where the several sheets join.
(4) 
Boundary survey with an error of closure within the limit of one in 10,000.
(5) 
When the subdivision consists of land acquired from more than one source of title, the outlines of the various tracts shall be indicated by dash lines, and identification of the respective tracts shall be placed on the plat. Replats shall indicate original data.
(6) 
The accurate location and dimensions by bearings and distances, with all curve data of all lot and street lines and center lines of streets; boundaries of all easements, parks, school sites, or other public areas; the number and area of all building lots; the total area of subdivision; the delineation of floodplains; the identification of graves, objects or structures marking a place of burial; all existing and platted streets, their names, numbers and widths; names of owners and their property lines, both within the boundaries of the subdivision and adjoining such boundaries.
(7) 
All dimensions shown in feet and decimals of a foot to the closest 1/100th of a foot; all bearings in degrees, minutes, and the nearest 10 seconds.
(8) 
The data for all curves along street right-of-way lines shall be shown in detail at the curve or at a curve data table showing the following: delta, radius, arc, tangent, chord and chord bearing.
(9) 
All survey monuments and benchmarks, together with their description.
(10) 
Private restrictive covenants and their period of existence. Should these restrictions be of such length as to make their lettering on the plat impracticable and thus necessitate the preparation of a separate instrument, reference shall be made thereto on the plat.
(11) 
The accurate outline, dimensions and purposes of all property which is offered for dedication is to be reserved for acquisition for public use, or is to be reserved by deed covenant for the common use of the property owners in the subdivision.
(12) 
Temporary turnarounds where required. When one or more temporary turnarounds are shown, the following note shall be included on the plat: "the area on this plat designated as temporary turnaround will be constructed and used as other streets in the subdivision until [name of street] is extended to [end point], at which time the land in the temporary turnaround areas will be abandoned for street purposes and will revert to adjoining lot owners".
(13) 
The location of all minimum building setback lines, side yards and rear yards.
(14) 
The accurate location and dimensions by bearings and distances with all curve data on all lots and street lines and center lines of streets, boundaries of all proposed or existing easements, parks, school sites, all existing public and private streets, their names, numbers and widths, existing utilities, and those to be provided such as sanitary sewers, storm drains, water mains, manholes and underground conduits, including their size and type, watercourses and their names, names of owners and their property lines, both within the boundary of the subdivision and adjoining the boundaries.
(15) 
In accordance with the Code of Virginia, § 15.2-2258, as amended, the location of any drainage district, mapped dam break inundation zone, grave, object or structure marking a place of burial shall be identified.
(16) 
Written and signed statements explaining how and when the subdivider proposes to provide and install all required sewers or other disposal of sanitary wastes, pavement, sidewalks, drainage structures, curb and gutters, and water lines.
(17) 
Written and signed statements of the appropriate officials of the availability of gas, electricity and water to the proposed subdivision.
[1]
Editor's Note: See Code of Virginia § 42.1-76 et seq.

Section 10-6-3 Final approval procedure for boundary line adjustment and minor subdivisions.

[1-3-2023 by Ord. No. 2023.01.03]
(a) 
Review. Prior to recordation, all plats of a boundary line adjustment or minor subdivision shall be reviewed by the Agent. The Agent shall examine the proposed plat with the subdivider and shall determine the following:
(1) 
Conformity to this chapter, and all other ordinances and regulations in force which affect divisions. Parameters for review include but are not limited to:
a. 
The proposed lot for size, shape, configuration.
b. 
The existing or proposed right-of-way for compliance with this chapter.
c. 
Verification of number of lots divided from tract.
d. 
Compliance with the minimum standards of design.
e. 
Submission and approval of any required improvement plans and has made satisfactory arrangements for performance bonds to cover the cost of necessary improvements.
(2) 
The Town Engineer has certified that the proper plans for drainage and flood control have been made, as demonstrated by a contour map of the proposed area, with contour intervals of two feet and drainage plans with flood control devices.
(3) 
The plat is sufficient to accomplish a proper development and to provide adequately for the health, safety, and convenience of the proposed residents therein and for adequate access, including but not limited to:
a. 
Existing physical features such as natural drainageways, swamps, and wooded areas.
b. 
Existing easements and covenants affecting the property.
c. 
Surrounding land uses, streets, and existing buildings.
(b) 
Action by the agent. Upon receipt the Agent shall examine the final plat and all necessary certificates to determine conformance with this article and shall within 30 days of its submission, unless the time is extended by the Agent in agreement with the subdivider, either approve or disapprove said final plat. After the Agent reviews the final plat, such review and the date thereof shall be noted on the plat.

Section 10-7-1 Preliminary plat, major subdivision.

[1-3-2023 by Ord. No. 2023.01.03]
(a) 
Preliminary phase.
(1) 
All proposed major subdivisions involving more than 50 lots shall submit a preliminary plat for approval and shall submit a narrative describing how the subdivision aligns with the Comprehensive Plan.
(2) 
When the subdivision is less than 50 lots, such preliminary plat or a sketch plan may be submitted voluntarily by the subdivider.
(3) 
Prior to the submission of a preliminary plat within the jurisdiction of the Town of Abingdon, the subdivider shall make known their intentions to the Agent. During this preliminary phase, the following actions shall be taken:
a. 
Application. The subdivider or their representative shall file an application to subdivide with the Agent. The application shall establish the subdivider's intention as to subdivision.
b. 
Preliminary conference. The subdivider, or their representative shall meet informally with the Agent for the purpose of presenting a general sketch plan of their proposal, including, but not limited to:
1. 
Existing physical features such as natural drainageways, swamps, and wooded areas.
2. 
Existing easements and covenants affecting the property.
3. 
Surrounding land uses, streets, and existing buildings.
4. 
Sketch plans and a written description regarding future land use, street and lot arrangement, number of lots, and tentative lot sizes; preliminary proposals regarding water supply, sewage disposal, surface drainage, street improvement, and land to be dedicated for public streets and other public uses.
5. 
Evidence of consultation with, and tentative approval of, public utility companies concerned.
c. 
The Agent shall discuss the proposed subdivision with the subdivider and advise them of procedural steps, design and improvement standards and general plat requirements. The Agent may also consult with the Director of Public Works and Town Engineer for assistance. The Agent shall then proceed with the following investigations:
1. 
Advise the subdivider of existing Town plans which might affect the proposed subdivision.
2. 
Check the existing zoning of the tract and make recommendations if a zoning change is necessary or desirable.
3. 
Inspect the site or otherwise determine its relationship to existing and proposed streets, utility systems and adjacent land uses and determine any known problems.
4. 
Upon completion of investigations described above, the Agent shall advise the subdivider in writing of any necessary changes in their sketch plan. The Agent's comments shall not constitute a formal approval or disapproval of the subdivision.
(b) 
Preliminary plat.
(1) 
Filing of the preliminary plat. The preliminary plat shall show graphically all facts needed to enable the Agent and other public bodies to determine whether the proposed layout of the land in question is satisfactory from the standpoint of the public interest. The submission shall include the following:
a. 
Application for approval. Written application by the owner or their representative for subdivision plat approval, on forms furnished by the Agent.
b. 
Preliminary plat. The preliminary plat shall be clearly and legibly drawn to a scale of one inch equals 100 feet or less and shall be plainly marked "preliminary plat." The preliminary plat may be prepared by the owner of the land, urban planners, land planners, architects or others having training or experience in subdivision planning or design. The plat shall contain the following information:
1. 
The proposed subdivision name or identifying title.
2. 
Name and address of record owner, subdivider and preparer of the preliminary layout.
3. 
Date, magnetic North point, scale, and key map showing the general location of the proposed subdivision in relation to surrounding developments and landmarks.
4. 
The zoning classifications and proposed use for the area being subdivided.
5. 
Total acreage of the subdivision, deed reference, and map of survey of the tract boundary made and certified by a land surveyor.
6. 
Tax map designation or geographic parcel identification number, if available, for the subject and surrounding properties.
7. 
The metes and bounds descriptions of the proposed lots and lot areas in acres and square feet. The frontage of each lot and the frontage at the setback line.
8. 
Location of property lines, existing easements, buildings, watercourses, areas subject to flooding, including delineation of floodplain districts, existing and proposed utilities, culverts, and other essential features.
9. 
The names of all subdivisions, immediately adjacent, and the names of owners of record of adjacent property.
10. 
Location, names and present width of existing and proposed streets, highways, easements, building lines, alleys, location of existing and proposed utilities, parks and other public open spaces.
11. 
All parcels of land proposed to be dedicated for public use, the conditions of such dedication, and percentage of land to be subdivided as common open spaces, park or public lands.
12. 
Connections with existing sanitary sewers and existing water supply or alternate means of sewage disposal and water supply.
13. 
Provisions for collecting and discharging surface drainage and preliminary plans for any bridges or culverts which may be required.
14. 
Location and identification of graves, objects, or structures making a place of human burial.
(2) 
Review. In addition to the below, the Town Council, Planning Commission, and Agent will act accordingly with regards to timeframes of resubmittals and other agency reviews, as outlined in the Code of Virginia, § 15.2-2259, as amended.
a. 
Upon receipt of all necessary data, recommendations and applications, a preliminary plat shall be reviewed by the Agent to determine its conformity to this chapter, and all other ordinances and regulations in force which affect subdivisions.
b. 
The Agent shall transmit copies of the preliminary plat, or appropriate portions thereof, to the Town Manager, Town Engineer, Director of Public Works, appropriate utility companies, Health Department, Washington County Service Authority, and other pertinent Town and state officials and agencies as deemed necessary by the Agent for recommendations. State agencies and other public authorities shall complete their review within 45 days of receipt of the plat.
c. 
The Agent shall transmit copies of the preliminary plat for any major subdivision to the Planning Commission for review and recommendation and then to the Town Council for approval.
d. 
The Agent shall, within 60 days of receipt of a completed application for the approval of a preliminary plat or within 45 days after it has been officially resubmitted after a previous disapproval or within 35 days of receipt of any agency response, approve or disapprove the plat, or approve it with modifications, noting thereon any changes that will be required. The Agent will approve or disapprove a preliminary plat for a major subdivision as directed by the Town Council. If agreed to by the subdivider, the time may be extended for no more than 30 days after which one copy shall be returned to the subdivider with the date of the approval or disapproval, and the reason therefor in letter form, accompanying the plat.
e. 
Approval of a preliminary plat shall not constitute approval of the final plat or authorization to proceed on construction improvements. It shall be deemed as an expression of approval of the layout submitted on the preliminary plat, and as a guide to the preparation of the final plat.
f. 
As dictated by the Code of Virginia, § 15.2-2260(F), as amended, an approved preliminary subdivision plat shall be valid for a period of five years, provided the subdivider submits:
1. 
A final plat for all or a portion of the property within three years of such approval; and
2. 
Thereafter diligently pursues approval of the final plat which shall include that the subdivider has incurred extensive obligations or substantial expenses relating to the submitted final plat or modifications thereto.
g. 
Once an approved final plat for all or a portion of the property is recorded, the underlying preliminary plat shall remain valid for a period of five years from the date of the latest recorded final plat of subdivision for the property.

Section 10-7-2 Final plat, major subdivision.

[1-3-2023 by Ord. No. 2023.01.03]
(a) 
Whenever part of a tract is proposed for platting and it is intended to subdivide additional parts in the future, a sketch plan for the entire tract shall be submitted.
(b) 
The subdivision plat submitted for final approval and subsequent recording shall be digitally provided as well as one paper copy clearly and legibly drawn on with a scale of not more than 100 feet to the inch on sheets not larger than 18 inches by 34 inches or the largest size acceptable by the Circuit Court of Washington County nor smaller than 11 inches by 17 inches in size with a one-inch clear margin on the left edge and a one-half-inch margin on all other edges.
(c) 
In addition to the requirements of the preliminary plat, the final plat shall, as required by the Code of Virginia, § 15.2-2241, as amended, meet the standards for plats under § 42.1-82 of the Virginia Public Records Act[1] and include the following:
(1) 
Two signature lines shall be drawn and labeled "Subdivision Agent" and "Chairperson of Town Council".
(2) 
Certificates signed by surveyor or other duly authorized professional recognized under the Code of Virginia, § 54.1-400, as amended, setting forth the source of title of the owners of the land subdivided and the place of record of the last instrument in the chain of title. When the plat is of land acquired from more than one source of title, the outlines of the several tracts shall be indicated upon such plat.
(3) 
As outlined in the Code of Virginia, § 15.2-2264, as amended, it shall contain in addition to the surveyor's certificate, a statement to the effect that, "the platting or dedication of the following described land [here insert correct description of the land subdivided] as appears in this plat is with the free consent and in accordance with the desire of the undersigned owners, proprietors, and trustees, if any," which shall be signed by the owners, proprietors and trustee, if any, and shall be duly acknowledged before some officer authorized to take acknowledgments of deeds, and when thus executed and acknowledged upon approval as herein specified, shall be filed and recorded in the office of the Clerk of the Circuit Court of Washington County, Virginia, and indexed under the names of the owners of the land signing such statement and under the name of the said subdivision.
(4) 
Names of subdivision, Town, magisterial district, county, state, owner, and subdivider; addresses of owner of record and subdivider; North point; the scale, date of drawing and any revisions; number of sheets; and the name of the licensed professional making the survey. If shown on more than one sheet, match lines shall clearly indicate where the several sheets join.
(5) 
Any other applicable certificates as required for approval as shown in Addendum B.
(6) 
Boundary survey with an error of closure within the limit of one in 10,000.
(7) 
When the subdivision consists of land acquired from more than one source of title, the outlines of the various tracts shall be indicated by dash lines, and identification of the respective tracts shall be placed on the plat. Replats shall indicate original data.
(8) 
The accurate location and dimensions by bearings and distances, with all curve data of all lot and street lines and center lines of streets; boundaries of all easements, parks, school sites, or other public areas; the number and area of all building lots; the total area of subdivision; the delineation of floodplains; the identification of graves, objects or structures, marking a place of burial; all existing and platted streets, their names, numbers and widths; names of owners and their property lines, both within the boundaries of the subdivision and adjoining such boundaries.
(9) 
All dimensions shown in feet and decimals of a foot to the closest 1/100th of a foot; all bearings in degrees, minutes, and the nearest 10 seconds.
(10) 
The data for all curves along street right-of-way lines shall be shown in detail at the curve or at a curve data table showing the following: delta, radius, arc, tangent, chord and chord bearing.
(11) 
All survey monuments and benchmarks, together with their description.
(12) 
Private restrictive covenants and their period of existence. Should these restrictions be of such length as to make their lettering on the plat impracticable and thus necessitate the preparation of a separate instrument, reference shall be made thereto on the plat.
(13) 
The accurate outline, dimensions and purposes of all property which is offered for dedication is to be reserved for acquisition for public use, or is to be reserved by deed covenant for the common use of the property owners in the subdivision.
(14) 
Temporary turnarounds where required. When one or more temporary turnarounds are shown, the following note shall be included on the plat: "the area on this plat designated as temporary turnaround will be constructed and used as other streets in the subdivision until [name of street] is extended to [end point], at which time the land in the temporary turnaround areas will be abandoned for street purposes and will revert to adjoining lot owners".
(15) 
The location of all minimum building setback lines, side yards and rear yards.
(16) 
The accurate location and dimensions by bearings and distances with all curve data on all lots and street lines and center lines of streets, boundaries of all proposed or existing easements, parks, school sites, all existing public and private streets, their names, numbers and widths, existing utilities, and those to be provided such as sanitary sewers, storm drains, water mains, manholes and underground conduits, including their size and type, watercourses and their names, names of owners and their property lines, both within the boundary of the subdivision and adjoining the boundaries.
(17) 
In accordance with the Code of Virginia, § 15.2-2258, as amended, the location of any drainage district, mapped dam break inundation zone, grave, object or structure marking a place of burial shall be identified.
(18) 
Written and signed statements explaining how and when the subdivider proposes to provide and install all required sewers or other disposal of sanitary wastes, pavement, sidewalks, drainage structures, curb and gutters, and water lines.
(19) 
Written and signed statements of the appropriate officials of the availability of gas, electricity and water to the proposed subdivision.
[1]
Editor's Note: See Code of Virginia § 42.1-76 et seq.
(d) 
The applicant for any major subdivision development shall also provide a traffic impact analysis which, at a minimum, includes the following information:
(1) 
Peak hour trip ends generated by the development as described in "Trip Generation," latest edition, published by the Institute of Transportation Engineers.
(2) 
Information on the street in which the connection is being made: peak hour traffic along with its directional distribution, lane and shoulder widths, the type of terrain, and the percentage of trucks, buses, and RVs on the connection street. The development engineer shall use this information to conduct a traffic capacity analysis as described in "The Highway Capacity Manual," latest edition, published by the Transportation Research Board. Additionally, the engineer shall determine if a left or right turn lane is necessary utilizing the "Minimum Standards of State Entrances" document, latest edition, published by the Virginia Department of Transportation. All or part of the traffic analysis may be waived by the Director of Public Works depending upon the type and size of development, the condition of the connection street, or an interpretation of the minimum information given above.

Section 10-7-3 Final approval procedure for major subdivisions.

[1-3-2023 by Ord. No. 2023.01.03]
(a) 
The plat shall not be approved until the subdivider has complied with the general requirements and minimum standards of design in accordance with this chapter, and has made satisfactory arrangements, as hereinbefore provided, to cover the cost of necessary improvements.
(b) 
The final plat shall not be approved until the Town Engineer shall certify that the proper plans for drainage and flood control have been made, as demonstrated by a contour map of the proposed area, with contour intervals of two feet and drainage plans with flood control devices.
(c) 
Final plat. During the final plat stage, the following actions shall be taken:
(1) 
Filing of final plat. The subdivider shall file with the Agent the final plat which shall conform to the requirements of this article.
a. 
Final plat may constitute all or a portion of the approved preliminary plat. A final plat may constitute only a portion of the area contained in the approved preliminary plat provided that the public improvements constructed in the area covered by the plat are sufficient by and of themselves to accomplish a proper development and to provide adequately for the health, safety, and convenience of the proposed residents therein and for adequate access to contiguous areas.
b. 
The plat. Each plat shall, as required by the Code of Virginia, § 15.2-2241, as amended, meet the standards for plats under § 42.1-82 of the Virginia Public Records Act[1] and show correctly on its face sufficient engineering data to reproduce any line on the ground, as well as include the items expressed in Sections 10-6-2 and 10-7-1 above.
[1]
Editor's Note: See Code of Virginia § 42.1-76 et seq.
(2) 
Action by the agent.
a. 
The Agent shall transmit copies of the plat, or appropriate portions thereof, to the Town Manager, Town Engineer, Director of Public Works, appropriate utility companies, Health Department, Washington County Service Authority, and other pertinent Town of Abingdon and state officials and agencies as deemed necessary by the Agent for recommendations. State agencies and other public authorities shall complete their review within 45 days of receipt of the plat. Upon receipt of approval from all state agencies and authorities, the Agent shall act upon the plat within 35 days.
b. 
The Agent shall transmit copies of the final plat for any major subdivision to the Planning Commission for review and recommendation and then to the Town Council for approval.
1. 
The Planning Commission and Town Council shall ensure that the plat is in conformance with any approved preliminary plat, and all requirements of this chapter and other ordinances of the Town of Abingdon are met.
2. 
The Town Council shall communicate the result of its review of the final plat to the applicant no later than 60 days after the plat submittal or within 45 days after it has been officially resubmitted after a previous disapproval or within 35 days of receipt of any agency response.
i. 
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.
ii. 
If the review is favorable, the Town Council shall authorize the Chairperson and Agent to approve, sign, and date the final plat.
(3) 
The passage of the resolution accepting the plat shall constitute final approval of the platting of the area shown on the final plat, but the owner shall cause such plat to be recorded in the office of the Clerk of the Circuit Court of Washington County and shall file satisfactory evidence of such recording with the Town Engineer before the Town of Abingdon shall recognize the plat as being in full force and effect.
(4) 
Approval of the final plat shall not be deemed the acceptance by the Town of Abingdon of any street, alley or other public space shown on the plat for maintenance, repair or operation thereof.
(5) 
When the final plat has been approved by the Town Council, the performance bond accepted, and the final plat has been signed and certified, one copy shall be delivered to the Town Engineer and one original to the subdivider for filing and recording.

Section 10-8-1 Vacation.

[1-3-2023 by Ord. No. 2023.01.03]
(a) 
Pursuant to Code of Virginia, § 15.2-2278, as amended, any recorded plat of subdivision may be vacated as outlined in the sections below, taken from the Code of Virginia, § 15.2-2270 et seq., as amended. The effects of such vacations are outlined in the Code of Virginia, § 15.2-2274, as amended.
(b) 
Boundary lines. As allowed by the Code of Virginia, § 15.2-2275, as amended, the Agent may approve the boundary lines of any lot or parcel of land to be vacated, relocated, or altered as part of an otherwise valid and properly recorded plat of subdivision or resubdivision approved as provided in this article or properly recorded prior to the applicability of this article, and executed by the owner or owners of the land. The action shall not involve the relocation or alteration of streets, alleys, easements for public passage, or other public areas. No easements or utility rights-of-way shall be relocated or altered without the express consent of all persons holding any interest therein.
(c) 
Interest to the Town of Abingdon. Any interest in streets, alleys, easements for public rights of passage, easements for drainage, and easements for a public utility granted to the Town of Abingdon as a condition of the approval of a site plan may be vacated by the Town Council according to the two methods listed in the Code of Virginia, § 15.2-2270, as amended.
(d) 
Before sale of lot.
(1) 
Minor subdivision. An approved and recorded plat of subdivision, or part thereof, may be vacated prior to the sale of any lot therein by the Agent utilizing the procedures set forth in the Code of Virginia, § 15.2-2271, as amended.
(2) 
Major subdivision. An approved and recorded plat of subdivision, or part thereof, may be vacated prior to the sale of any lot therein by the Town Council utilizing the procedures set forth in the Code of Virginia, § 15.2-2271, as amended.
(e) 
After sale of lot.
(1) 
Minor subdivision. An approved and recorded plat of subdivision, or part thereof, may be vacated after the sale of any lot by the Agent utilizing one of the two methods specified in the Code of Virginia, § 15.2-2272, as amended.
(2) 
Major subdivision. An approved and recorded plat of subdivision, or part thereof, may be vacated after the sale of any lot by the Town Council utilizing one of the two methods specified in the Code of Virginia, § 15.2-2272, as amended.
(f) 
Duties of the Clerk. According to the Code of Virginia, § 15.2-2276, as amended, the Clerk in whose office any plat so vacated has been recorded shall write in plain legible letters across such plat, or the part thereof so vacated, the word "vacated," and also make a reference on the plat to the volume and page in which the instrument of vacation is recorded.

Section 10-9-1 Enforcement.

[1-3-2023 by Ord. No. 2023.01.03]
As provided in the Code of Virginia, § 15.2-2254, as amended, the following applies:
(1) 
No person shall subdivide land without making and recording a plat of the subdivision and without fully complying with the provisions of the Code of Virginia and this article.
(2) 
No plat of any subdivision shall be recorded unless and until it has been submitted and approved in accordance with this chapter.
(3) 
No person shall sell or transfer any land of a subdivision, before a plat has been duly approved and recorded as provided herein, unless the subdivision was lawfully created prior to the adoption of this article. However, nothing herein contained shall be construed as preventing the recordation of the instrument by which such land is transferred or the passage of title as between the parties to the instrument.
(4) 
No clerk of any court shall file or record a plat of a subdivision required by this article to be recorded until the plat has been approved as required herein. The penalties provided by Code of Virginia, § 17.1-223, as amended, shall apply to any failure to comply with the provisions of this subsection.
(5) 
No building permit shall be issued nor shall construction be authorized by the Town of Abingdon on lands where a subdivision plat is required to be approved and recorded as provided in this article and no certificate of occupancy shall be issued until the compliance with this article and other applicable provisions regarding the use of any structure or land where a subdivision plat is required to be approved and recorded as provided in this article has been approved by the Agent and recorded in the office of the Clerk of the Circuit Court.

Section 10-9-2 Violations and penalties.

[1-3-2023 by Ord. No. 2023.01.03]
(a) 
As allowed by the Code of Virginia, § 15.2-2254, as amended, any person violating any provision of this chapter shall be subject to a fine of not more than $500 for each lot or parcel of land subdivided, transferred or sold in violation of this chapter and the description of such lot or parcel by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring shall not exempt the transaction from such penalties or from the remedies herein provided.
(b) 
In addition to a fine, the Town Attorney may take such other legal action as may be necessary to enforce the provisions of this chapter, including suit for injunction, for abatement or other appropriate proceeding.

Section 10-9-3 Fees.

[1-3-2023 by Ord. No. 2023.01.03]
As allowed by the Code of Virginia, §§ 15.2-2241 and 15.2-2273, as amended, there shall be a charge to compensate the Town of Abingdon for the costs incurred during the examination and approval or disapproval of every subdivision plat or lot required to be reviewed by the Agent and/or Town Council. This fee shall be payable to "Treasurer, Town of Abingdon," in such amount as set by schedule adopted ordinance of the Town Council.