Each subdivision plat shall be prepared by a surveyor duly certified by the commonwealth, who shall endorse upon each plat a certificate setting forth the source of title of the land subdivided and the place of record of the last instrument in the chain of title. Where more than one tract is involved, the outlines of the several tracts shall be indicated upon the plat as provided in section 24-757(b)(13).

(Zoning Ord. 2003, § 18.1-1201.01)

A final plat shall be recorded in the office of the clerk of the circuit court in accordance with section 24-731 herein. No street shall be opened, dedicated, or accepted by the town nor the right-of-way of any existing street in any way impinged upon, nor any public water or sewer service provided, nor any property in a subdivision transferred unless and until a final plat of said subdivision shall have been prepared, approved and recorded, as provided for herein, and until all other requirements specified in this chapter shall have been met. Penalties for noncompliance of this subsection are provided for in section 24-169.

(Zoning Ord. 2003, § 18.1-1201.02)

(a)

Vacation of plats with no lots sold. Where no lot has been sold, the recorded plat, or part thereof, may be vacated according to either of the following methods:

(1)

With the consent of the town council, or its authorized agent, by the owners, proprietors and trustees, if any, who signed the statement required by Code of Virginia, § 15.2-2264 at any time before the sale of any lot therein, by a written instrument, declaring the plat to be vacated, duly executed, acknowledged or proved and recorded in the same clerk's office wherein the plat to be vacated is recorded and the execution and recordation of such writing shall operate to destroy the force and effect of the recording of the plat so vacated and to divest all public rights in, and to reinvest the owners, proprietors and trustees, if any, with the title to the streets, alleys, easements for public passage and other public areas laid out or described in the plat.

(2)

By ordinance, provided that no facilities for which bonding is required pursuant to Code of Virginia, §§ 15.2-2241—15.2-2245 have been constructed on the property and no facilities have been constructed on any related section of the property located in the subdivision within five years of the date on which the plat was first recorded. The ordinance shall not be adopted until after notice has been given as required by Code of Virginia, § 15.2-2204. The notice shall clearly describe the plat or portion thereof to be vacated and state the time and place of the meeting of the town council at which the adoption of the ordinance will be voted upon. Any person may appear at the meeting for the purpose of objecting to the adoption of the ordinance. An appeal from the adoption of the ordinance may be filed within 30 days of the adoption of the ordinance with the circuit court. Upon appeal the court may nullify the ordinance if it finds that the owner of the property shown on the plat will be irreparably damaged. If no appeal from the adoption of the ordinance is filed within the time above provided or if the ordinance is upheld on appeal, a certified copy of the ordinance of vacation may be recorded in the clerk's office of any court in which the plat is recorded.

(3)

The execution and recordation of the ordinance of vacation shall operate to destroy the force and effect of the recording of the plat, or any portion thereof, so vacated, and to divest all public rights in and to the property and reinvest the owners, proprietors and trustees, if any, with the title to the streets, alleys, and easements for public passage and other public areas laid out or described in the plat.

(b)

Vacation of plats with lots sold. In cases where any lot has been sold, the plat or part thereof may be vacated according to either of the following methods:

(1)

By instrument in writing agreeing to the vacation signed by all the owners of lots shown on the plat and also signed on behalf of the governing body of the locality in which the land shown on the plat or part thereof to be vacated lies for the purpose of showing the approval of the vacation by the governing body. In cases involving drainage easements or street rights-of-way where the vacation does not impede or alter drainage or access for any lot owners other than those lot owners immediately adjoining or contiguous to the vacated area, the governing body shall only be required to obtain the signatures of the lot owners immediately adjoining or contiguous to the vacated area. The term "owners" shall not include lien creditors except those whose debts are secured by a recorded deed of trust or mortgage and shall not include any consort of an owner. The instrument of vacation shall be acknowledged in the manner of a deed and filed for record in the clerk's office of any court in which the plat is recorded.

(2)

By ordinance on motion of one of the members of the town council or on application of any interested person. The ordinance shall not be adopted until after notice has been given as required by Code of Virginia, § 15.2-2204. The notice shall clearly describe the plat or portion thereof to be vacated and state the time and place of the meeting of the governing body at which the adoption of the ordinance will be voted upon. Any person may appear at the meeting for the purpose of objecting to the adoption of the ordinance. An appeal from the adoption of the ordinance may be filed within 30 days with the circuit court having jurisdiction of the land shown on the plat or part thereof to be vacated. Upon appeal the court may nullify the ordinance if it finds that the owner of any lot shown on the plat will be irreparably damaged. If no appeal from the adoption of the ordinance is filed within the time above provided or if the ordinance is upheld on appeal, a certified copy of the ordinance of vacation may be recorded in the clerk's office of any court in which the plat is recorded.

Roads within the secondary system of highways may be vacated under either of the preceding methods and the action will constitute abandonment of the road, provided the land shown on the plat or part thereof to be vacated has been the subject of a rezoning or special exception application approved following public hearings required by Code of Virginia, § 15.2-2204 and provided the commissioner of highways or his agent is notified in writing prior to the public hearing, and provided further that the vacation is necessary in order to implement a proffered condition accepted by the town council pursuant to Code of Virginia, § 15.2-2297, 15.2-2298 or 15.2-2303 or to implement a condition of special exception approval. The manner of reversion shall not be affected by this section.

(c)

Effects of vacation. The recordation of the instrument provided in subsection (a) or (b) of this section, or of the ordinance as provided in subsection (b)(2) of this section, shall operate to destroy the force and effect of the recording of the plat or part thereof so vacated, and to vest fee simple title to the centerline of any streets, alleys, or easements for public passage so vacated in the owners of abutting lots free and clear of any rights of the public or any owners of lots shown on the plat, but subject to the rights of the owners of any public utility installation which have been previously erected therein. If any such street, alley, or easement for public passage is located on the periphery of the plat, such title for the entire width thereof shall vest in such abutting lot owners. The fee simple title to any portion of the plat so vacated as was set apart for other public use shall be revested in the owners, proprietors and trustees, if any, who signed the certificate of owner's consent to subdivision, as provided in section 24-757(c)(7) free and clear of any rights of public use in the same.

(d)

Vacation of boundary lines. The boundary lines of any lot or parcel of land may be vacated, relocated or otherwise altered as a part of an otherwise valid and properly recorded plat of subdivision or resubdivision approved as provided in this chapter or properly recorded prior to the applicability of this chapter, and executed by the owner or owners of the land as provided in Code of Virginia, § 15.2-2264. 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.

(Zoning Ord. 2003, § 18.1-1202)

State Law reference— Similar provisions, Code of Virginia, §§ 15.2-2275, 15.2-2271, 15.2-2272.

(a)

Preliminary plat requirements. The preliminary plat shall be legibly drawn in accordance with the following requirements:

(1)

One or more sheets may be used, each to be numbered as "page (number) of (total number of pages)"; if two or more sheets are used, each sheet shall show the name of the subdivision and match lines shall be provided to indicate where sheets join.

(2)

The scale shall not be less than one inch equals 100 feet. The zoning administrator may accept a scale which is sufficient to clearly show all required details on the plat.

(3)

Where the complete plat cannot be shown on one sheet, an index map shall be provided on a separate sheet at a reduced scale.

(b)

Preliminary plat information. The preliminary plat shall include the following information:

(1)

Date of plat and name of surveyor preparing it, shown on each sheet.

(2)

Scale and north meridian, designated "true" or "magnetic" and oriented to the top of each sheet, where practical.

(3)

The name and signature of the owner, shown on the first sheet.

(4)

Sources of data used in preparing the plat, including the deed book and page number of the last instrument in the chain of title.

(5)

Locations, lengths, and bearings of lines of the proposed subdivision, with names of all adjoining property owners and the location of each of their common boundaries including established streets and waterways; and adjoining streets with their names.

(6)

All pertinent natural and historical features and landmarks; including existing and finished contour lines as needed for review of drainage and sewer facilities, and including watercourses, marshes, lakes, impoundments, and areas of significant vegetation.

(7)

All subdivisions, jurisdiction boundary lines, streets, alleys, or other public ways; and other landmarks, if any, within 2,000 feet of the proposed subdivision shown on an insert on the first sheet at a scale no smaller than 600 feet to one inch.

(8)

Total acreage of the proposed subdivision and the acreage remaining in the original tract, if any.

(9)

The location of existing buildings in and within 100 feet of the subdivision, and the location and description of all existing markers.

(10)

The proposed locations, widths, and names of all streets and alleys.

(11)

Proposed lot lines with proposed dimensions, building lines and easements, and the proposed use of each lot and other areas, including significant natural features, and those areas to be used for parking, open space, recreation, commercial purposes, or public or governmental use, and existing and proposed utility installations.

(12)

Proposed lot numbers and block letters.

(13)

If the proposed subdivision consists of land acquired from more than one source of title, the outlines of the several tracts shall be shown and identified on the index map.

(14)

A map showing the location of the proposed subdivision with respect to any designated floodplain district, including information, but not limited to, the 100-year flood elevations, boundaries of the floodplain districts, proposed lots and sites, fills, flood or erosion protective facilities, and areas subject to special deed restrictions.

(15)

Indicate current zoning of the parcel of land to be subdivided as provided herein.

(c)

Items to accompany preliminary plat. The following items shall accompany the plat at the time it is submitted to the zoning administrator:

(1)

A statement by the resident engineer that the subdivider has consulted with him as to the plans and specifications of any streets, water lines and sewer lines and public parking areas that are included in the subdivision and as to any special treatment which will be required in their construction, including the drainage system which will be required.

(2)

A statement by the health department or the town, where applicable, that the subdivider has consulted with respect to providing water supply and/or sewage disposal facilities and that an adequate proposal for providing each building lot with a safe water supply and an adequate means of sewage disposal has been prepared.

(3)

A statement by the administrator of the county erosion and sedimentation control ordinance, as designated by the town manager, stating that the subdivider has consulted with him as to the requirements of said program.

(4)

A statement by the subdivider acknowledging that requirements of the health department and applicable approving authorities will be carried out at the expense of the subdivider.

(5)

A statement by the subdivider acknowledging that requirements of the resident engineer will be carried out at the expense of the subdivider.

(6)

A statement by the subdivider acknowledging that an erosion and sedimentation control plan has been prepared and that requirements of the erosion and sedimentation program will be carried out at the expense of the subdivider.

(7)

A statement by the subdivider, in accordance with Code of Virginia § 15.2-2264, as amended, to the effect that the subdivision is with free consent and in accordance with the desires of the undersigned owners, proprietors, and trustees, as applicable, and setting forth all restrictive covenants, reservations, and dedications applicable to the proposed subdivision, giving an outline of the terms proposed and acreage involved.

(Zoning Ord. 2003, § 18.1-1203)

(a)

Final plat requirements. The final plat shall be legibly drawn and submitted in accordance with the following requirements:

(1)

Copies shall be permanent copies of original tracings.

(2)

One or more sheets may be used, each to be numbered as "page (number) of (total number of pages)"; if two or more sheets are used, each sheet shall show the name of the subdivision, and match lines shall be provided to indicate where the several sheets join.

(3)

The scale shall not be less than one inch equals 100 feet. The zoning administrator may accept a scale which is sufficient to clearly show all required details on the plat.

(4)

Where the complete plat cannot be shown on one sheet, an index map shall be provided on a separate sheet at a reduced scale.

(b)

Information contained on final plat. The final plat shall include the following information:

(1)

All of the information required of preliminary plats in section 24-757(b).

(2)

Bearings, lengths, widths, centerlines, easements and rights-of-way of every street and alley within the subdivision; data for all curves and angles in streets and alleys; location or iron pipes marking street corners, angles in streets, and the beginning (marked PC) and end (PT) of each curve in street.

(3)

Building setback lines, with distance to street right-of-way and length of the setback line for each lot.

(4)

Location, bearings, and dimensions of all lot lines with location of markers shown.

(5)

Land or water areas to be dedicated or reserved for streets, alleys, parking areas, or other public use, or for common use of future property owners in the subdivision.

(6)

All restricted covenants or reference to where such covenants are filed.

(7)

An execution of the owners consent to subdivision, in accordance with Code of Virginia § 15.2-2264, as amended, to the effect that the subdivision is with free consent and in accordance with the desires of the undersigned owners, proprietors, and trustees, as applicable, and setting forth all restrictive covenants, reservations and dedications applicable to the proposed subdivision.

(8)

A certificate signed by the surveyor setting forth:

a.

The source of title of the owner of the land subdivided.

b.

The place of record of the last instrument in the chain of title.

c.

All markers are shown and described in the plat and are in place as shown.

(9)

Space for signature of approval of the zoning administrator, a state department of transportation representative, and a state department of health representative, as appropriate.

(10)

Name and signature of any owners of property over which a right-of-way traverses which is intended to provide required access to the subdivision. The signature block shall include the following statement:

"The owners understand and accept the prescribed right-of-way on their property as a means of access to a subdivision of property. It is understood and accepted that maintenance of the access road will take place within the right-of-way."

(11)

For properties not served by public sewer, a signature block for the developer's state-certified on-site soil evaluator, stating:

"I certify that soils evaluation work for this subdivision has been done in accordance with both state law, and Amherst County ordinances relating to on-site sewage disposal. Data resulting from soil work, including treatment systems, pre-treatment systems, primary and reserve drainfields, has been appropriately evaluated and approved by the state department of health."

(c)

Items to accompany final plat. The following items shall accompany the final plat at the time of submission to the zoning administrator:

(1)

An unexecuted copy of the proposed deed of dedication, accompanied by a certificate signed by the subdivider and duly acknowledged before an officer authorized to accept acknowledgements of deeds, certifying that the copy is a true copy of the proposed deed of dedication which will be presented for recording. Said deed shall contain language except as provided herein such that when the deed is recorded it shall operate to transfer in fee simple to the county such portion of the platted premises as is set apart on the final plat for streets, alleys, easements, or other public use, and shall create a public right of passage over the same; and shall contain a complete description of the land subdivided and any restrictive covenants and reservations applicable to the subdivision. When public water and/or sewerage facilities shall be involved, a grant of easement to the town for maintenance and servicing public utilities shall be established; and, further, it must be provided that all individuals and entitles providing public services requiring ingress and egress for themselves, their agents, and employees, and equipment shall have the necessary easements to accomplish said public service. Public service shall include, but not be limited to, the following: public refuse collection service; public school bus service; U.S. Postal Service; fire, police and rescue service; telephone and power repair and maintenance trucks and any and all similar services.

(2)

A statement signed by the administrator of the erosion and sediment control ordinance of the county certifying approval of the soil erosion and sedimentation control plan submitted by the subdivider, as provided for in the soil erosion and sedimentation control ordinance.

(3)

A certificate signed by representatives of the health department and the town, where applicable, and in the case of subdivisions to be served by on-site sewage disposal systems, by the developer's state-certified on-site soil evaluator, stating that the water and sewer systems proposed are acceptable and in conformity with current requirements of the state department of health and town ordinances, and that each lot will have an adequate and safe water supply and an adequate means of sewage disposal, if applicable. In lieu of the certificate the signature of the appropriate health department and/or town official may be required to appear on the plat.

(4)

A certificate signed by the resident engineer stating that the plans for all streets, street signs, and drainage systems are acceptable and in conformity with applicable requirements and certifying approval of any installation of such improvements already undertaken. In lieu of the certificate the signature of the appropriate state department of transportation official may be required to appear on the plat.

(5)

A performance bond in accordance with section 24-733.

(Zoning Ord. 2003, § 18.1-1204)

The subdivider shall dedicate to the town, county, and the highway department, where applicable, all land required for streets, easements and alleys and other public facilities as required in this chapter. The zoning administrator or his duly designated agent and the resident engineer, where applicable, shall make such inspections during and after final installation of the improvements required herein as shall be deemed necessary, and no installation shall be accepted as completed until approved by the zoning administrator or his duly designated agent, and the resident engineer, where applicable, except as otherwise provided for in section 24-733.

(Zoning Ord. 2003, § 18.1-1205)

(a)

Notwithstanding the provisions stated elsewhere in this chapter, the zoning administrator is hereby delegated the authority to give preliminary and final approval in the name and on behalf of the commission to applications for approval of a subdivision not exceeding four lots in size provided no new street, and water and sewage facilities are involved; the required certifications have been approved by the appropriate agent; no variances are involved; and all the requirements set forth herein are met. Any actions by the zoning administrator pursuant to this section herein shall be reported to the commission at its subsequent meeting.

(b)

In the case of reconfigured lots, the applicant shall submit three copies of the plat to the zoning administrator for review and approval. Once a determination has been made that the plat meets the standards of this article, the zoning administrator shall approve and sign the plat, retain one, and return the others to the applicant. The reconfiguration plat shall clearly show the following information:

(1)

Every plat which is intended for recording shall be prepared by a certified professional engineer or land surveyor who shall endorse upon each such plat a certificate signed by him setting forth the source of title of the owner of the land involved in the reconfiguration and the place of record of the last instrument in the chain of title;

(2)

Date of plat;

(3)

Scale;

(4)

North arrow;

(5)

Adjoining property owners;

(6)

Bearings and distances of all lines surveyed as part of the reconfiguration;

(7)

Name and signature of owner notarized;

(8)

The acreage and frontage width of the reconfigured properties or a statement certifying the surveyor's knowledge that the reconfigured properties meet the minimum acreage and frontage width requirements;

(9)

Tax map section, block and lot number;

(10)

Plat clearly labeled reconfiguration by the surveyor;

(11)

Signature block for the zoning administrator.

The applicant shall be responsible for recording the plat in the office of the clerk of the circuit court within one year of approval or it will become invalid.

(Zoning Ord. 2003, § 18.1-1206)