Whenever the owner or proprietor of any tract of land located within the town desires to subdivide the same, he shall submit a plat of the proposed subdivision to the zoning administrator for processing.

(Zoning Ord. 2003, § 18.1-1007)

Whenever the subdivision of a tract of land within the town is proposed, the subdivider is encouraged to consult with the zoning administrator for advice and assistance. The subdivider may submit sketch plans and data showing existing conditions within the site and in its vicinity and the proposed layout of the subdivision. The zoning administrator shall return the submitted sketch plans to the subdivider with written comments indicating where the plans do not comply with the requirements set forth herein. Submission of said sketch plans and accompanying data shall not constitute the official filing of a proposed subdivision.

(Zoning Ord. 2003, § 18.1-1007.01)

(a)

Except as provided in subsection (b) of this section, any person proposing a subdivision of land shall submit to the zoning administrator four copies of a preliminary plat showing the general design and layout of the subdivision, of which one copy each shall be delivered by the zoning administrator to the resident engineer, and if individual water and sewer is proposed, one copy to the health department. The preliminary plat shall be reviewed in accordance with the procedures set forth in articles XII and XIII of this chapter.

(b)

The submission of a preliminary subdivision plat for tentative approval is optional on the part of the landowner for plats involving 50 or fewer lots.

(Zoning Ord. 2003, § 18.1-1007.02)

State Law reference— Preliminary plats generally, Code of Virginia, § 15.2-2260.

Within 45 days after submission of the preliminary plat and accompanying documents to the zoning administrator, the commission shall approve, approve with conditions, or disapprove the preliminary plat; the commission shall cause to have prepared two copies of a statement noting reasons for commission disapproval or conditional approval, if applicable, and shall return one copy of statement and plat to the subdivider with notification in writing of the action of the commission. One copy of said statement and preliminary plat shall be retained by the zoning administrator for comparison with future preliminary or final plats, where applicable, submitted by the subdivider.

(Zoning Ord. 2003, § 18.1-1007.03)

(a)

Within one year of conditional approval or full approval of the preliminary plat, subject to extension by the commission, the subdivider shall submit to the zoning administrator five copies of a final plat including all or any part of the area covered by the preliminary plat, of which one copy shall be transmitted to the health department, if individual water and sewer facilities are proposed, and to the resident engineer. The final plat shall be reviewed in accordance with the procedures set forth in articles XII and XIII of this chapter.

(b)

In such cases in which the zoning administrator determines that a plat does not constitute a subdivision as defined herein, the zoning administrator shall retain four copies of the plat. Such plats shall be reviewed by the zoning administrator in accordance with the requirements herein.

(c)

(1)

Except as otherwise provided in subsections (c)(2) and (3) of this section, the zoning administrator shall act on any proposed plat within 60 days after it has been officially submitted for approval by either approving or disapproving the plat in writing, and giving with the latter specific reasons therefor. The zoning administrator shall thoroughly review the plat and shall make a good faith effort to identify all deficiencies, if any, with the initial submission. However, if approval of a feature or features of the plat by a state agency or public authority authorized by state law is necessary, the commission or agent shall forward the plat to the appropriate state agency or agencies for review within ten business days of receipt of such plat. The state agency shall respond in accord with the requirements set forth in Code of Virginia, § 15.2-2222.1, which shall extend the time for action by the local planning commission or other agent, as set forth in subsection (c)(2) of this section. 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. The zoning administrator shall act on any proposed plat that it has previously disapproved within 45 days after the plat has been modified, corrected and resubmitted for approval.

(2)

The approval of plats and plans of development solely involving parcels of commercial real estate by the zoning administrator shall be governed by subsection (c)(3) and subsections (d), (e), and (f). For the purposes of this section, the term "commercial" means all real property used for commercial or industrial uses.

(3)

a.

The zoning administrator shall act on any proposed plat or plan of development within 60 days after it has been officially submitted for approval by either approving or disapproving the plat in writing, and giving with the latter specific reasons therefor. The zoning administrator shall not delay the official submission of any proposed plat or plan of development by requiring presubmission conferences, meetings, or reviews. The zoning administrator shall thoroughly review the plat or plan and shall in good faith identify, to the greatest extent practicable, all deficiencies, if any, with the initial submission. However, if approval of a feature or features of the plat or plan by a state agency or public authority authorized by state law is necessary, the commission or agent shall forward the plat or plan to the appropriate state agency or agencies for review within ten business days of receipt of such plat or plan. The state agency shall respond in accord with the requirements set forth in Code of Virginia, § 15.2-2222.1, which shall extend the time for action by the local planning commission or other agent, as set forth in Code of Virginia, § 15.2-2259(B). Specific reasons for disapproval shall be contained either in a separate document or on the plat or plan itself. The reasons for disapproval shall identify deficiencies in the plat or plan that caused the disapproval by reference to specific duly adopted ordinances, regulations, or policies and shall identify, to the greatest extent practicable, modifications or corrections that will permit approval of the plat or plan.

b.

In the review of a resubmitted proposed plat or plan of development that has been previously disapproved, the zoning administrator shall consider only deficiencies it had identified in its review of the initial submission of the plat or plan that have not been corrected in such resubmission and any deficiencies that arise as a result of the corrections made to address deficiencies identified in the initial submission. In the review of the resubmission of a plat or plan, the zoning administrator shall identify all deficiencies with the proposed plat or plan that caused the disapproval by reference to specific duly adopted ordinances, regulations or policies and shall identify modifications or corrections that will permit approval of the plat or plan. Upon the second resubmission of such disapproved plat or plan, the zoning administrator's review shall be limited solely to the previously identified deficiencies that caused its disapproval. The zoning administrator shall act on any proposed plat or plan of development that it has previously disapproved within 45 days after the plat or plan has been modified, corrected and resubmitted for approval. The failure of the zoning administrator to approve or disapprove a resubmitted plat or plan within the time periods required by this section shall cause the plat or plan to be deemed approved.

c.

Notwithstanding the approval or deemed approval of any proposed plat or plan of development, any deficiency in any proposed plat or plan, that if left uncorrected, would violate local, state or federal law, regulations, mandatory state department of transportation engineering and safety requirements, and other mandatory engineering and safety requirements, shall not be considered, treated or deemed as having been approved by the zoning administrator. Should any resubmission include a material revision of infrastructure or physical improvements from the earlier submission or if a material revision in the resubmission creates a new required review by the state department of transportation or by a state agency or public authority authorized by state law, then the zoning administrator's review shall not be limited to only the previously identified deficiencies identified in the prior submittals and may consider deficiencies initially appearing in the resubmission because of such material revision.

(d)

Upon receipt of the approvals from all state agencies and other agencies, the zoning administrator shall act upon a plat within 35 days.

(e)

If the zoning administrator fails to approve or disapprove the plat within 60 days after it has been officially submitted for approval, or within 45 days after it has been officially resubmitted after a previous disapproval or within 35 days of receipt of any agency response pursuant to subsection (b) of this section, the subdivider, after ten days' written notice to the zoning administrator, may petition the circuit court to decide whether the plat should or should not be approved.

(f)

If the zoning administrator disapproves a plat and the subdivider contends that the disapproval was not properly based on the ordinance applicable thereto, or was arbitrary or capricious, he may appeal to the circuit court, provided that his appeal is filed with the circuit court within 60 days of the written disapproval by the commission or other agent.

(Zoning Ord. 2003, § 18.1-1007.04)

State Law reference— Local planning commission to act on proposed plat, Code of Virginia, § 15.2-2259.

Upon satisfactory completion of all requirements set forth in this article and all other requirements specified by the commission in the preliminary review, the zoning administrator shall sign approval of the final plat.

(Zoning Ord. 2003, § 18.1-1007.05)

Within six months following approval by the zoning administrator of the final plat, one copy of the final plat shall be recorded by the subdivider in the office of the clerk of the circuit court and six copies shall be filed with the zoning administrator. The zoning administrator may, upon written request by the subdivider, grant an extension of this time limit; otherwise, he shall mark the plat null and void and return the same to the subdivider; 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 zoning administrator, or where the developer has furnished surety to the town council or zoning administrator 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 surety agreement approved by the town council or zoning administrator, whichever is greater. Approval of the final plat shall not constitute acceptance of any offers of dedication by the town, or the resident engineer of the VDOT.

(Zoning Ord. 2003, § 18.1-1007.06)

State Law reference— Similar provisions, Code of Virginia, § 15.2-2241(A)8.

The final plat may be submitted as the preliminary plat, provided no change, erasure, or revision shall be made on the preliminary plat nor on any accompanying data sheets after the preliminary plat has been approved by the commission in accordance with the provisions herein, unless authorization for such changes has been granted by the zoning administrator.

(Zoning Ord. 2003, § 18.1-1007.07)

(a)

As used in this section, the term "designated administrative agency" means the planning commission of the locality or an agent designated by town council for such purpose as set forth in Code of Virginia, §§ 15.2-2258 through 15.2-2261.

(b)

For the acceptance of dedication for public use of any right-of-way located within any subdivision or section thereof, which has constructed or proposed to be constructed within the subdivision or section thereof, any street, curb, gutter, sidewalk, bicycle trail, drainage or sewerage system, waterline as part of a public system or other improvement dedicated for public use, and maintained by the town, the commonwealth, or other public agency, and for the provision of other site-related improvements required by ordinance for vehicular ingress and egress, including traffic signalization and control, for public access streets, for structures necessary to ensure stability of critical slopes, and for stormwater management facilities, financed or to be financed in whole or in part by private funds only if the owner or developer certifies to the town council that the construction costs have been paid to the person constructing such facilities or, at the option of the town council, presents evidence satisfactory to the town council that the time for recordation of any mechanics lien has expired or evidence that any debt for said construction that may be due and owing is contested and further provides indemnity with adequate surety in an amount deemed sufficient by the town council or its designated administrative agency; furnishes to the town council a certified check or cash escrow in the amount of the estimated costs of construction or a personal, corporate or property bond, with surety satisfactory to the town council or its designated administrative agency, in an amount sufficient for and conditioned upon the construction of such facilities, or a contract for the construction of such facilities and the contractor's bond, with like surety, in like amount and so conditioned; or furnishes to the town council a bank or savings institution's letter of credit on certain designated funds satisfactory to the town council or its designated administrative agency as to the bank or savings institution, the amount and the form. The amount of such certified check, cash escrow, bond, or letter of credit shall not exceed the total of the estimated cost of construction based on unit prices for new public or private sector construction in the locality and a reasonable allowance for estimated administrative costs, inflation, and potential damage to existing roads or utilities, which shall not exceed ten percent of the estimated construction costs. If the owner or developer defaults on construction of such facilities, and such facilities are constructed by the surety or with funding from the aforesaid check, cash escrow, bond or letter of credit, the town shall be entitled to retain or collect the allowance for administrative costs to the extent the costs of such construction do not exceed the total of the originally estimated costs of construction and the allowance for administrative costs. The term "such facilities," as used in this section, means those facilities specifically provided for in this section.

(c)

If a developer records a final plat which may be a section of a subdivision as shown on an approved preliminary subdivision plat and furnishes to the governing body a certified check, cash escrow, bond, or letter of credit in the amount of the estimated cost of construction of the facilities to be dedicated within said section for public use and maintained by the town, the commonwealth, or other public agency, the developer shall have the right to record the remaining sections shown on the preliminary subdivision plat for a period of five years from the recordation date of any section, or for such longer period as the local commission or other agent may, at the approval, determine to be reasonable, taking into consideration the size and phasing of the proposed development, subject to the terms and conditions of this subsection and subject to engineering and construction standards and zoning requirements in effect at the time that each remaining section is recorded.

(Zoning Ord. 2003, § 18.1-1010)

State Law reference— Similar provisions, Code of Virginia, § 15.2-2241(A)5.

(a)

There shall be periodic partial and final complete release of any bond, escrow, letter of credit, or other performance guarantee required by the town under this chapter within 30 days after receipt of written notice by the subdivider or developer of completion of part or all of any public facilities required to be constructed hereunder unless the town council or zoning administrator notifies the subdivider or developer in writing of nonreceipt of approval by an applicable state agency, or of any specified defects or deficiencies in construction and suggested corrective measures prior to the expiration of the 30-day period. Any inspection of such public facilities shall be based solely upon conformance with the terms and conditions of the performance agreement and the approved design plan and specifications for the facilities for which the performance guarantee is applicable, and shall not include the approval of any person other than an employee of the town council, the zoning administrator, the state department of transportation or other political subdivision or a person who has contracted with the town council, the zoning administrator, the state department of transportation or other political subdivision.

(b)

If no such action is taken by the town council or the zoning administrator within the time specified above, the request shall be deemed approved, and a partial release granted to the subdivider or developer. No final release shall be granted until after expiration of such 30-day period and there is an additional request in writing sent by certified mail return receipt to the town manager. The town council or the zoning administrator shall act within ten working days of receipt of the request; then if no action is taken the request shall be deemed approved and final release granted to the subdivider or developer.

(c)

After receipt of the written notices required above, if the town council or the zoning administrator takes no action within the times specified above and the subdivider or developer files suit in the circuit court to obtain partial or final release of a bond, escrow, letter of credit, or other performance guarantee, as the case may be, the circuit court, upon finding the town council or the zoning administrator was without good cause in failing to act, shall award such subdivider or developer his reasonable costs and attorneys' fees.

(d)

The town council or the zoning administrator shall not refuse to make a periodic partial or final release of a bond, escrow, letter of credit, or other performance guarantee for any reason not directly related to the specified defects or deficiencies in construction of the public facilities covered by said bond, escrow, letter of credit or other performance guarantee.

(e)

Upon written request by the subdivider or developer, the town council or the zoning administrator shall be required to make periodic partial releases of such bond, escrow, letter of credit, or other performance guarantee in a cumulative amount equal to no less than 90 percent of the original amount for which the bond, escrow, letter of credit, or other performance guarantee was taken, and may make partial releases to such lower amounts as may be authorized by town council or the zoning administrator based upon the percentage of public facilities completed and approved by the town council or the zoning administrator, or state agency having jurisdiction. Periodic partial releases may not occur before the completion of at least 30 percent of the public facilities covered by any bond, escrow, letter of credit, or other performance guarantee. The town council or the zoning administrator shall not be required to execute more than three periodic partial releases in any 12-month period. Upon final completion and acceptance of the public facilities, the town council or the zoning administrator shall release any remaining bond, escrow, letter of credit, or other performance guarantee to the subdivider or developer. For the purpose of final release, 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.

(f)

For the purposes of this section, a certificate of partial or final completion of such public facilities from either a duly licensed professional engineer or land surveyor, as defined in and limited to Code of Virginia, § 54.1-400, or from a department or agency designated by the locality may be accepted without requiring further inspection of such public facilities.

(Zoning Ord. 2003, § 18.1-1010.01)

State Law reference— Similar provisions, Code of Virginia, § 15.2-2245.

The developer and the development principals thereof shall provide the town with a guarantee or warranty against defects in water and sewerage facilities for a period of one year following acceptance by the town of the subdivision public improvements under town authority, unless said improvements were installed by the town.

(Zoning Ord. 2003, § 18.1-1010.02)