Any owner or owners of any tract of land within the incorporated area of the town, in whole or in part, who subdivides same as herein provided, shall cause a final plat of such subdivision to be made in accordance with regulations set forth in this Land Development Ordinance and in the Code of Virginia. Said final plat shall be submitted to and approved by the zoning administrator serving as the duly appointed agent of the council, as herein provided, and within 60 days of said approval shall be recorded in the office of the clerk and six copies filed in the administrator's office; provided that no final plat shall be recorded unless all monuments shown and described thereon are in place as evidenced by the certificate of a surveyor endorsed on said plat. Failure to record the final plat within the required time period after zoning administrator's approval shall render said plat and said approval null and void; the recording of the final plat of a subdivision shall not be deemed to be the acceptance by the town of any street or other public facility shown on said plan for maintenance, repair, or operation thereof. No street shall be opened, dedicated, or accepted by the town, or the right-of-way of any street in any way impinged upon, nor water or sewer service provided, nor any property in a subdivision transferred or offered for sale, nor any building permit affecting any lot in a subdivision issued, 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 Land Development Ordinance shall have been met.

Whenever the subdivision of a tract of land within the town is proposed, the subdivider is encouraged to consult informally 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 and development 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. No fee shall be charged for the pre-application review and no formal application shall be required.

Any person proposing a subdivision of land shall submit to the zoning administrator five 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 town engineer and, if individual water and sewer is proposed, one copy to the Bedford County Health Department. The preliminary plat shall be reviewed in accordance with the following procedure.

1203.01. Preliminary plat requirements. The preliminary plat shall be legibly drawn in accordance with the following requirements:

a.

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.

b.

The scale shall be no more than one inch to 100 feet.

c.

Sheet size shall be a minimum of 8½ inches by 11 inches and a maximum of 17 inches by 22 inches.

d.

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

1203.02. Preliminary plat information. The preliminary plat shall show the following information:

a.

Date of plat, name of the subdivision, and name of surveyor or engineer preparing it, shown on each sheet.

b.

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

c.

The name and the signature of the owner, shown on the first sheet. The signature shall not be required on subdivisions of one lot.

d.

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

e.

Locations, lengths and bearings of lines of the proposed subdivision, with names of all adjoining property owners or subdivision lots of record including established streets and waterways; and adjoining streets with their names.

f.

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

g.

All streets, alleys, or other public ways, within 2,000 feet of the proposed subdivision, shown on a reduced scale insert (vicinity) map on the first sheet.

h.

Town boundary lines, if any, within 200 feet of the proposed subdivision.

i.

Total acreage of the proposed subdivision and the acreage remaining in provided that in case only part of a tract is to be divided into lots, the zoning administrator may require the preliminary plat to show a proposed future subdivision of such remaining acres; and provided that in the event that a large tract of land is not to be subdivided, the zoning administrator may waive requirements of platting the unsubdivided portion, if he finds that the intent of this Land Development Ordinance will not be circumvented by the effect of this waiver or by the cumulative effect of a series of such waivers.

j.

The location of existing buildings in the subdivision, and the location and description of all existing monuments.

k.

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

l.

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. Existing underground utilities in street right-of-way should be shown as accurate as possible where there is physical evidence or documentation to define the location; however, if the underground utilities are known to be in the street right-of-way but the exact location is not known, then they should still be shown and noted as approximate location.

m.

Proposed lot numbers and block letters.

n.

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.

o.

A map showing the location of the proposed subdivision and/or land development with respect to any designated floodplain district, including information on, 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.

1203.03. Items to accompany preliminary plat. The following items shall accompany the plat at the time it is submitted to the zoning administrator.

a.

A statement by the town engineer that the subdivider has consulted with him as to the plans and specifications of any streets, sidewalks, curbs and gutters, water lines, sewer lines and public parking, and as to any special treatment which will be required in their construction, including the drainage system which will be required. In addition, in instances where decibel levels may exceed the minimum standards specified by VDOT, a noise abatement plan shall also be required.

b.

If individual water and/or sewer facilities are proposed, a statement by the Bedford County Health Department that the subdivider has consulted with him with respect to providing water supply and/or sewage disposal facilities and that an adequate tentative proposal for providing each building lot with a safe water supply and an adequate means of sewage disposal.

c.

A statement by the subdivider acknowledging that requirements of the Bedford County Health Department will be carried out at the expense of the subdivider, if applicable.

d.

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

e.

A statement by the administrator of the Erosion and Sedimentation Control Program of the Town of Bedford, Virginia, as designated by the town manager, stating that the subdivider has consulted with him as to the requirements of said program.

f.

When more than one lot, a statement that the subdivision is with free consent and in accordance with the desires of the undersigned owners, proprietors, trustees, and lienholders, as applicable, and setting forth all restrictive covenants, reservations, and dedications applicable to the proposed subdivision.

g.

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

h.

A statement by the subdivider as to whether or not the proposes to dedicate or reserve land (other than for streets) for public use or for the common use of future property owners in the subdivision and if so, a statement giving an outline of the terms proposed and acreage involved.

i.

A statement summarizing proposed restrictive covenants and reservations.

j.

A statement by the subdivider acknowledging that the noise abatement requirements for highways, streets and roads outlined by VDOT will be carried out at his expense.

1203.04. Commission action on preliminary plat. Within 60 days after submission of the preliminary plat and accompanying documents to the zoning administrator, the commission shall forward two copies of said plat to the council, and shall make a recommendation to the council on its approval, conditional approval, or disapproval, stating the areas of compliance and/or noncompliance with the provisions of this Land Development Ordinance, and in the case of a conditional approval, recommending requirements to be made and met prior to full approval by the council.

1203.05. Council action on preliminary plat. Within 45 days after receipt of the commission's recommendations, the council shall approve, approve with conditions, or disapprove the preliminary plat; the council shall cause to have prepared two copies of a statement noting reasons for council disapproval or conditional approval, if applicable, and shall return one copy of the statement and plat to the subdivider with notification in writing of the action of the council. 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.

1203.06. Changes after preliminary plat approval. Any changes in the plat proposed by the developer after preliminary plat approval and before final execution by the zoning administrator shall require the plat to be resubmitted for preliminary plat review.

Within one year of conditional approval or full approval of the preliminary plat, subject to extension by the council, the subdivider shall submit to the zoning administrator ten copies of a final plat including all or any part of the area covered by the preliminary plat, of which one copy each shall be transmitted to the health department, if individual water and sewer facilities are proposed and to the town engineer. The final plat shall be reviewed in accordance with the following procedure.

1204.01. Final plat requirements. The final plat shall be legibly drawn and submitted in accordance with the following requirements:

a.

Copies shall be permanent copies of original tracings.

b.

Sheet size shall be a minimum of 8½ inches by 11 inches and a maximum of 17 inches by 22 inches.

c.

One or more sheets may be used, each to be numbered as page _____ (number).

d.

The scale shall be one inch to not more than 100 feet.

1204.02. Information contained on final plat. The final plat shall show the following information:

a.

All of the information required of preliminary plats in section 1203.01.

b.

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 of iron pipes marking street comers, angles in streets, and the beginning (marked "PC") and end ("PT") of each curve in streets.

c.

Building set back lines, with distance to street right-of-way for each lot.

d.

Locations, bearings, and dimensions of all lot lines with location of monuments shown.

e.

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.

f.

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

g.

An execution of Owner's Consent to Subdivision certifying that the subdivision of (here insert a correct description of the land subdivided) is with free consent and in accordance with the desires of the undersigned owners, proprietors, trustees, and lienholders, as applicable, and setting forth all restrictive covenants, reservations, and dedications applicable to the proposed subdivision.

1204.03. Space to be provided. The final plat shall provide on the first sheet space for the following:

a.

A certificate signed by the surveyor or civil engineer setting forth:

1.

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

2.

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

3.

All monuments are shown and described on the plat and are in place as shown.

b.

Space for signatures of approval of the zoning administrator.

1204.04. Items to accompany final plat. The following items shall accompany the final plat at the time of submission to the zoning administrator.

a.

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 acknowledgments 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 such that when the deed is recorded it shall operate to transfer in fee simple to the town 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 same; and shall contain a complete description of the land subdivided and any restrictive covenants and reservations applicable to the subdivision.

b.

A statement by the administrator of the soil and sedimentation control program of the town certifying approval of the soil erosion and sedimentation control plan submitted by the subdivider, as provided for in the town's soil erosion and sedimentation control ordinance.

c.

A statement by the health department stating that individual water and sewer systems proposed are acceptable and in conformity with current requirements, and that each lot will have an adequate and safe water supply and an adequate means of sewage disposal, if applicable.

d.

A statement by the town engineer stating that the plans for all streets, sidewalks, curbs, gutters, street signs, water, sewer and drainage systems are acceptable and in conformity with applicable requirements, including VDOT requirements for noise abatement, and certifying approval of such improvements already undertaken.

e.

A statement by electric utility director affirming that plans for all electric transmission and distribution facilities are acceptable.

f.

An irrevocable letter of credit, certified check, performance bond or other surety of a surety company licensed to conduct business in the state in an amount equal to the total construction expense, as estimated by the engineer of the developer and town engineer, satisfactory to the town attorney and town manager, and approved by the zoning administrator. Said bond shall be forfeited if construction is not completed within a period of one year from the date of the bond or such other period specified by and approved by the zoning administrator.

g.

Payment of plat fees required under section 1401.

h.

Upon acceptance of the public improvements by the town, an irrevocable letter of credit, certified check, performance bond or other surety of a surety company licensed to conduct business in the state in an amount equal to ten percent of the total cost of the public improvements, satisfactory to the town attorney and town manager, and approved by the zoning administrator. Said bond shall be for a maximum of 12 months for maintenance of the public improvements.

1204.05. Action on final plat. Upon satisfactory completion of all requirements set by this Land Development Ordinance and all other requirements specified by the council in the preliminary review, the zoning administrator shall sign approval of the final plat.

1204.06. Disposition of plat after final action. Within 15 days following approval by the zoning administrator of the final plat, one copy of the final plat shall be recorded immediately in the town clerk's office and six copies shall be filed with the Town of Bedford. Approval of the final plat shall not constitute acceptance of any offers of dedication by the town.

The subdivider shall dedicate to the town all land required for streets, easements, and alleys and other public facilities as required in this Land Development Ordinance. The zoning administrator 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. Any unexpended portion of the submitted performance bond shall be returned.

1205.01. All iron pipes, monuments, or steel pins destroyed during installation of public improvements, or construction where applicable, will be replaced at owner's expense.

1206.01. Action of the zoning administrator or the commission in administering this article may be appealed to the council; actions of the council may be appealed to the circuit court of the County of Bedford.

1206.02. Applications for appeal shall be accompanied by a statement signed by the person requesting the appeal or his designated representative, that the owner or owners, their agent or occupant, of all abutting property and property immediately across the street or road from the property affected have been notified of the request. Notice of the request sent by first class mail to the last known address of such owner of the adjoining property shown on the current real estate tax assessment book shall be deemed adequate compliance with this requirement. Such notice shall contain a statement notifying the owner of the property to contact the zoning administrator for information concerning the request. Such notice shall also contain the name and address of the zoning administrator.

1207.01. Any subdivision plat or part thereof which has been recorded may be vacated in accordance with the provisions of the Code of Virginia, 1950, as amended.

1207.02. The zoning administrator may approve the vacation, relocation, or alteration of boundary lines on existing plats; (a) as part of an otherwise valid subdivision or re-subdivision or (b) by recordation of a deed approved in writing on its face by the zoning administrator. The plat or deed shall refer to the recorded plat by which the vacated lot lines were originally created. Such approval by the zoning administrator 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 thereon.

1207.03. The provisions of section, 1207.02, are intended to permit ministerial review by the zoning administrator without the necessity of commission review and council approval of preliminary and final plats where minor revisions or alterations or adjustments to plats are proposed to correct boundary line errors or where interior boundary lines are vacated for the purpose of increasing the size of adjacent lots without creating new or additional lots and without creating a lot smaller than that specified for the zoning district. Such subdivisions need not be required to meet the requirements of subdivision design standards as specified in article XIII of this Land Development Ordinance.

(Ord. No. 11-9, § 1, 10-25-2011)

1208.01. Variances for planned residential development. Council may allow changes or modification of lot size, setback or use regulations in approving planned residential development applications as provided for in section 606 provided that no such change shall be granted which will have the effect of nullifying the intent and purpose of the remainder of this Land Development Ordinance, the land use plan, or any other pertinent regulations or town ordinances.

1208.02. Special variances for non-residential subdivisions. Due to the nature of non-residential subdivisions, and the need of the subdivider to provide lot sizes in accordance with the required specifications of prospective buyers, the council may vary procedural requirements of this Land Development Ordinance to permit presentation of preliminary plats with blocks but not lots shown, provided that at least two separate parcels shall be presented. The subdivider shall then present final plats as lots are formed.

(Ord. No. 11-9, § 1, 10-25-2011)