Whereas, by act of the General Assembly of Virginia as recorded in Code of Virginia, §§ 15.2-2280—15.2-2316.5, the governing body of any locality may, by ordinance, divide the territory under its jurisdiction into districts of such number, shape, and area as it may deem best suited to carry out the purpose of zoning, and in each district it may regulate the following:

101.01. The use of land, buildings, structures, and other premises for agricultural, commercial, industrial, residential, flood plain, and other specific uses;

101.02. The size, height, area, bulk, location, erection, construction, reconstruction, alteration, repair, maintenance, razing, or removal of structures;

101.03. The areas and dimensions of land, water, and air space to be occupied by buildings, structures, and uses, and of courts, yards, and other open spaces to be left unoccupied by uses and structures, including variations in the sizes of lots based on whether a public or community water supply or sewer system is available and used;

101.04. The excavation or mining of soil or other natural resources.

(Ord. No. 24-2, 3-12-2024)

State Law reference— Va. Code § 15.2-2280.

Whereas, by act of the General Assembly of Virginia as recorded in Code of Virginia, §§ 15.2-2240—15.2-2279, the governing body of any locality may adopt an ordinance to assure the orderly subdivision of land and its development, which may include, among other things, reasonable regulations and provisions that apply to or provide the following:

102.01. For plat details, which shall meet the standards for plats as adopted under § 42.1-82 of the Virginia Public Records Act;

102.02. For the coordination of streets within and contiguous to the subdivision with other existing or planned streets within the general area as to location widths, grades and drainage, including for the coordination of such streets with existing or planned streets in existing or future adjacent or contiguous to adjacent subdivisions;

102.03. For adequate provisions for drainage and flood control, for adequate provisions related to the failure of impounding structures and impacts within dam break inundation zones, and other public purposes, and for light and air, and for identifying soil characteristics;

102.04. For the extent to which and the manner in which streets shall be graded, paved, or otherwise improved and water and storm and sanitary sewer and other utilities or other community facilities are to be installed;

102.05. 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 therein, any street, curb, gutter, sidewalk, bicycle trail, drainage or sewerage system, waterline as part of a public system, or other improvements dedicated for public use and maintained by the town, the commonwealth, or other public agency, and for the provision of other site-related improvements 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 storm water management facilities, financed or to be financed in whole or in part by private funds only if the owner or developer:

a.

Certifies to the council that the construction costs have been paid to the person constructing such facilities;

b.

Furnishes to the 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 council or the zoning administrator and town attorney, 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

c.

Furnishes to the council a bank or savings institution's letter of credit on certain designated funds satisfactory to the zoning administrator and town attorney as to the bank or savings institution, the amount and the form.

102.06. For conveyance of common or shared easements to franchised cable television operators furnishing cable television and public service corporations furnishing cable television, gas, telephone, and electric service to a subdivision;

102.07. For monuments of specific types to be installed establishing street and property lines;

102.08. That unless a plat is filed for recordation within a reasonable time after final approval thereof such approval shall be withdrawn and the plat marked void and returned to the zoning administrator;

102.09. For the administration and enforcement of such ordinance, and specifically for the imposition of reasonable fees and charges for the review of plats and plans, and for the inspection of facilities required to be installed;

102.10. For payment by a subdivider or developer of land of his pro rata share of the cost of providing reasonable and necessary sewerage and drainage facilities, located outside the property limits of the land owned or controlled by him but necessitated or required, at least in part, by the construction or improvement of this subdivision or development, provided that the governing body has established a general sewer and drainage improvement program for an area having common sewer and drainage conditions and within which land owned or controlled by the subdivider or developer is located.

(Ord. No. 24-2, 3-12-2024)

State Law reference— Va. Code §§ 15.2-2240, 15.2-2241, 15.2-2243.

Therefore, be it ordained by the town council of the Town of Bedford, Virginia, for the purpose of promoting the health, safety, or general welfare of the public and of further accomplishing the objectives of Code of Virginia, § 15.2-2200 and Tit. 15.2, Ch. 22, Art. 6, § 15.2-2240 et seq., Art. 7, § 15.2-2280 et seq., and Art. 7.2, § 15.2-2316.3 et seq., as amended, that the following be adopted as the "Land Development Ordinance" of the Town of Bedford, Virginia.

(Ord. No. 24-2, 3-12-2024)