Under the authority to establish subdivision regulations recorded in article 1, section 102, and the purposes outlined in article 2 at sections 201.08 and 201.09, the regulations established herein constitute minimum requirements which shall apply to all subdivisions, except as hereinafter provided.

The following statutory provisions shall be effective in the City of Buena Vista:

902.01

No person shall subdivide land without making a plat of such subdivision, recording it in the office of the circuit court of Buena Vista and without fully complying with the provisions of this article.

902.02

No such plat of any subdivision shall be recorded unless and until it shall have been submitted to and approved by the local commission or by the governing body or its duly authorized agent of the City of Buena Vista wherein the land to be subdivided is located; or by the commissions, governing bodies, or agents, as the case may be, of each county or municipality having a subdivision ordinance, in which any part of the land lies.

902.03

No person shall sell or transfer any land of a subdivision before such plat has been duly recorded as provided herein, unless such subdivision was lawfully created prior to the adoption of a subdivision ordinance applicable thereto or bona fide divisions in accordance with the authority referenced in article 1, section 102.10.

902.04

Any person violating the foregoing provisions of this section shall be subject to a fine of not more than five hundred dollars for each lot or parcel of land so subdivided or transferred or sold; 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.

902.05

No clerk of any court shall file or record a plat of a subdivision required by this article to be recorded until such plat has been approved as required herein; and the penalties provided by Code of Virginia, § 17-59 shall apply to any failure to comply with the provisions of this subsection.

State Law reference— Mandatory provisions for subdivision ordinances, Code of Virginia, § 15.2-2241.

Whenever the owner or proprietor of any tract of land within the City of Buena Vista desires to subdivide the same, he shall submit a plat of the proposed subdivision to Buena Vista through the designated administrator. The administrative processes for the "Subdivision Regulations—City of Buena Vista" are found in article 8, section 810. No such plat of a subdivision shall be recorded unless and until it shall have been submitted, approved and certified by the administrator in accordance with the regulations set forth in this ordinance. No lot shall be sold in any such subdivision before the plat shall have been recorded in the office of the clerk of court of Buena Vista, Virginia.

903.01

No one exempt. No person shall subdivide any tract of land that is located within the City of Buena Vista, except in conformity with the provisions of this ordinance and the applicable provisions of the Code of Virginia, 1950 as amended.

903.02

Mutual responsibility. There is a mutual responsibility between the subdivider and the City of Buena Vista to divide the land so as to improve the general use patterns of the land being subdivided.

903.03

Land must be suitable. The city council shall not approve the subdivision of land if from adequate investigation conducted by the 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.

903.04

Improvements. All required improvements shall be installed by the subdivider at his cost. Specifications and requirements set forth in this regulation shall be followed. The subdivider's performance bond shall not be released until construction has been inspected and approved by the appropriate official.

903.04-1

The subdivider or developer shall pay a 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 his subdivision or development; provided, however, that no such payment shall be required until such time as the governing body or a designated department or agency thereof shall have established a general sewer and drainage improvement program for an area having related and common sewer and drainage conditions and within which the land owned or controlled by the subdivider or developer is located. Each such payment received shall be expended only for the construction of those facilities for which the payment was required, and until so expended shall be held in an interest bearing account for the benefit of the subdivider or developer; in lien of such payment other methods of performance guarantee satisfactory to the governing body shall be posted conditioned on payment at the commencement of such construction.

903.05

Necessary changes. No change, erasure or revision shall be made on an, nor on accompanying data sheets after approval by the city council has been endorsed in writing on the plat or sheets, unless authorization for such changes has been granted in writing on behalf of the [city] council.

903.06

Private contracts. This regulation bears no relation to any private easement covenant, agreement, or restriction, nor is the responsibility of enforcing such private easement, covenant, agreement or restriction implied herein to any public official. When this ordinance calls for more restrictive standards than are required by private contract, the provisions of this ordinance shall control.

The general specifications and requirements get forth in this section shall be followed:

904.01

Lot size. Residential lot size shall be in accordance with the lot requirement for the zoning district in which the subdivision is to be located as prescribed in article 7 of the Land Development Regulations.

904.02

Lot shape. The lot arrangement, design, and shape shall be such that lots will provide satisfactory and desirable sites for buildings, and be properly related to the topography, and conform to the requirements of these regulations. Lots shall not contain peculiarly shaped elongations solely to provide necessary square footage by adding area which would be unusable for normal purposes.

904.03

Lot side lines. Side lines of lots shall be approximately at right a radial to the street line.

904.04

Lot shall abut on a street. Each lot shall abut on a street dedicated by the subdivision plat, or on an existing publicly dedicated street, or on a street which has become public by right of use. If the existing streets are not 50 feet in width, the subdivider shall make provisions in the deeds to the lots for all buildings to be so constructed as to permit the widening by dedication of said roads or streets to a width of 50 feet.

904.05

Remnants. Land subject to flooding, land deemed to be topographically unsuitable for residential occupancy and all remnants of lots below minimum size left over after subdividing a tract must be added to adjacent lots, or become the property of a homeowners association rather than allowed to remain as unusable parcels.

904.06

Block length. The maximum length of blocks shall be 1,200 feet, and the minimum length of blocks upon which lots have frontage shall be 500 feet, unless topography or other conditions warrants otherwise or other lengths of blocks as approved by city council.

904.07

Block width. Blocks shall be wide enough to allow two tiers of lots of minimum depth, except where fronting on major streets, unless prevented by topographical conditions or size of the property in which case the agent may approve a single tier of lots of minimum depth.

904.08

Block orientation. Where a proposed subdivision adjoins a major road, the city may require that the greater dimension of the block shall front or back upon such major thoroughfare to avoid unnecessary ingress or egress.

904.09

Street design and standards.

904.09-1

For all subdivisions, all streets shall have, as a minimum, a right-of-way width of 50 feet and a pavement width of 20 feet. These minimums may be increased in accordance with specifications directed by city council;

904.09-2

All streets and alleys shall be graded to their full width to the cross section and grade approved by the city council with embankment slopes lying outside the right-of-way.

904.09-3

The subgrade shall be stabilized in accordance with the latest applicable Virginia Department of Transportation specifications to meet the requirements to qualify for admission to the state highway system of Virginia and urban highway maintenance revenues.

904.09-4

Base material shall meet the requirements of the latest Virginia Department of Transportation specifications to qualify for admission to the state highway system of Virginia and urban maintenance revenues. The base material shall be installed to a minimum width of 30 feet for streets and 12 feet for alleys.

904.09-5

Concrete curbs and gutters shall be installed on both sides of all streets shown on the subdivision plat in accordance with the Virginia Department of Transportation specifications for curb and gutter. In the case of newly platted streets in a subdivision in which each lot contains one acre or more, curb and gutter is not required but the development plan shall provide storm drainage provisions satisfactory to the latest Virginia Department of Transportation Specifications.

904.09-6

Streets shall be surfaced to a minimum width of 20 feet with a two-inch-final surface treated overlay and follow all specifications as required by VDOT to meet the minimum standards as necessary to qualify the road for urban highway maintenance revenues. The final compaction of any trenched ditch in the public right of way shall follow the latest Virginia Department of Transportation requirements for compaction. The two-inch-final surface treatment shall not be applied until 6 months have expired from the day the final compaction of the last trenched ditch in the right of way occurred. The developer shall contact the zoning office on the day of final compaction of the last trenched ditch.

904.09-7

Concrete sidewalks or other dust free walkways shall be provided on both sides of all streets if required by city council.

904.09-8

Privately owned and maintained streets allowed in townhouse developments, including curbs, gutters and sidewalks or dust free walkways shall be developed according to the latest Virginia Department of Transportation requirements to qualify for admission to the state highway system of Virginia and urban highway maintenance revenues.

904.09-9

The subdivider shall construct and surface all platted streets. Curbs and gutters shall be provided for each street. Sidewalks, where required, shall also be constructed at the subdivider's expense.

904.09-10

Curbs, gutters, and sidewalks, dust-free walkways shall be constructed such that there will be a driveway entrance for each lot and such entrance be constructed according to the latest Virginia Department of Transportation requirements to qualify for admission to the state highway system of Virginia and urban highway maintenance revenues shall be constructed such that there will be a driveway entrance for each lot.

904.10

Street alignment and layout. The arrangement of streets in new subdivisions shall make provision for the continuation of existing streets in adjoining areas. The street arrangement must be such as to cause no unnecessary hardship to owners of adjoining property when they plat their own land and seek to provide for convenient access to it. Where, in the opinion of the city, it is desirable to provide for street access to adjoining property, propose, streets shall be extended by dedication to the boundary line of such property. Half streets along the boundary of land proposed for subdivision may not be permitted. Wherever possible, streets should intersect at right angles. In all hillside areas, streets running with contours shall be required to intersect at angles of not less than 60 degrees, unless approved by the administrator.

904.11

Alleys. Alleys should be avoided whenever possible, if permitted the right-of-way, will be not less than 20 feet.

904.12

Cul-de-sacs. Streets designed to have one end permanently closed must be terminated by a turn-around of not less than 100 feet in diameter.

904.13

Reserve strips.

904.13-1

There shall be no reserve strips controlling access to public streets.

904.14

Street names. Proposed streets which are obviously in alignment with other already existing and named streets, shall bear the names of the existing streets. Street names shall be indicated on the preliminary and final plats, and shall be approved by the city. Names of existing streets shall not be changed except by specific approval.

904.15

Street identification signs. Street identification signs of an approved design shall be installed at all intersections.

904.16

Monuments. Upon completion of subdivision streets, sewers and other improvements, the subdivider shall make certain that all monuments required by this regulation are clearly visible for inspection and use. Such monuments shall be inspected and approved by the administrator before any improvements are accepted:

904.16-1

Location of concrete. Concrete monuments four inches in diameter or square, with a flat top, shall be set at all street corners, at the points where the street line intersects the exterior boundaries of the subdivision and at right angle points, and points of curve in each street. The top of the monument shall be set flush with the finished grade.

904.16-2

Location of iron pipe. All other lot corners shall be marked with iron pipe not less than three-fourths inch in diameter and 24 inches long and driven so as to be flush with the finished grade. When rock is encountered, a hole shall be drilled four inches deep in the rock into which shall be cemented a steel rod one-half inch in diameter, the top of which shall be flush with the finished grade line.

904.17

Reservation of land for public purposes. The city may require subdividers of residential subdivision, to set aside land for parks, playgrounds, schools, libraries, municipal buildings, and similar public and semipublic uses, subject to the following regulations:

904.17-1

Subdividers shall not be required to dedicate land for parks or playgrounds, exclusive of street and drainage reservations, without reimbursement by the governing body. Where land is required in excess of this amount, the reimbursement by the governing body shall be based on a proportionate share of the:

(1)

Cost of raw land;

(2)

Cost of improvements, including interests or investments;

(3)

Development costs; plus [and]

(4)

Not more than ten percent profit on the total of such costs.

Subdividers shall not be required to reserve land for public purposes other than streets, parks and playgrounds, except on a reimbursement basis. They shall be reimbursed by the jurisdiction or agency requiring the land. The amount of reimbursement shall be determined as in 904.17-1. They shall not be required to hold the land longer than 18 months following the recording of the plat for such purchase. If the land is not purchased within the said 18 months, it may be sold as lots for the same purposes for which the subdivision was platted. To facilitate such possible eventual sale of reserved land as separate lots, the subdivider shall show on his final plat, by dotted lines and dotted numbers, the area and dimensions of lots to be created within the boundaries of any such reserve land, and may sell such lots, after the expiration date of the reservation, by lot number, without filing an amended plat.

904.17-2

The commission shall make certain that lands so reserved are divisible in the same manner as the remainder of the subdivision so that the subdivider will not be required to reserve an unusable portion of his subdivision.

904.17-3

Nothing herein shall be consulted to mean that land may be set aside for commercial purposes in a residential district, without the land so required for commercial use being zoned appropriately in accordance with the Land Development Regulations.

(Ord. of 9-6-2009)

905.01

Plans and specifications for utility fixtures and systems to be submitted for approval. If the owners of any such subdivision desire to construct in, on, or under any streets or alleys located in such subdivision any gas, water, sewer, or electric light or power works, pipes, wires, fixtures, or systems, they shall present plans or specifications therefor to the governing body of the City of Buena Vista or its authorized agent for approval. The governing body shall have 60 days in which to approve or disapprove the same. In event of the failure of the governing body, or its agent, to act within such period, such plans and specifications may be submitted, after ten days notice to the city, to the judge of the circuit court having jurisdiction within the city for approval or disapproval, and approval thereof shall, for all purposes of this article, be treated and considered as the approval of the city.

905.02

Septic tanks. The governing body shall not approve any subdivision where sanitary sewers are not provided unless it shall receive in writing from the health department, a statement to the effect that the area contained in the subdivision is generally satisfactory for the installation of septic tanks, and that they will not, so far as can be determined, create hazards to public health, and that approval by the governing body is only with the understanding that where septic tanks are to be installed, they must be approved on an individual basis by the health department.

905.03

Public water and/or sewer. Where public water and/or sewer is available, the service shall be extended to all lots within a subdivision by the developer.

905.04

Private water and/or sewer. Where public water and/or sewer is not available, nothing in this regulation shall prevent the installation of privately owned water distribution systems or sewage collection and treatment facilities, provided, however, that any such installations must meet all of the requirements of the state water control board, the state health department, and any other state or local regulations having authority over such installations.

905.05

Fire protection. The installation of adequate fire hydrants in a subdivision at approved locations are required, provided that the necessary water supply is available.

905.06

Flood control and drainage. If any portion of the proposed subdivision is determined by the agent to be in the 100 year floodplain, the subdivider shall provide the necessary information to demonstrate that the presence of the 100 year floodplain was considered in the layout of the subdivision. The subdivider shall also provide the plans for meeting the statewide stormwater management criteria, or alternate criteria adopted by the Buena Vista City Council. The flood control and drainage information shall include a properly certified engineer's statement that such improvements, when properly installed will be adequate to meet the criteria as applied to the proposed development.

905.07

Utility easements. The city may require easements for drainage through adjoining property be provided by the subdivider. Easements of not less than ten feet in width shall be provided for water, sewer, power lines, and other utilities to serve the subdivision when required

905.08

City not obligated to pay for grading, paving, etc. Nothing herein shall be construed as creating an obligation upon the City of Buena Vista to pay for grading or paving, or for sidewalks, sewers, water systems curb and gutter improvements, or other construction.

The general assembly has determined that the lands and waters comprising the watersheds of the state are great natural resources which are being adversely affected by the rapid shift in land use from agricultural to nonagricultural uses. The general assembly found it necessary to establish and implement the Virginia Erosion and Sediment Control law to control erosion and sedimentation from land-disturbing activities.

906.01

Subdivision development included as land-disturbing activity. The Code of Virginia includes the term subdivision development along with activities disturbing 10,000 or more square feet of land for commercial or noncommercial uses.

906.02

Erosion and sedimentation plan. At the time of filing the preliminary plat, erosion and sedimentation control plan will also be filed (see [section] 907.02-9) in accordance with the City of Buena Vista Erosion and Sediment Control Ordinance and the provisions of the Virginia Erosion and Sediment Control Handbook.

State Law reference— Erosion and sediment control, Code of Virginia, § 10.1-560 et seq.

Whenever any subdivision of land is proposed, and before any permit for the erection of a structure shall be granted, the subdivider or his agent shall apply in writing to the administrator for the approval of the subdivision by submitting four copies of a preliminary plat including the lot, street, and utilities layout. No lot shall be sold until a final plat for the subdivision shall have been approved and recorded.

907.01

Preliminary sketch. The subdivider may, if lie so chooses; submit to the administrator a preliminary sketch of the proposed subdivision prior to his preparing detailed preliminary and final plats. The purpose of such preliminary sketch is to permit the agent to advise the subdivider whether his plans, in general, are in accordance with the requirements of this ordinance. Upon submission of any such preliminary sketch, it shall be studied and the subdivider advised where it appears that changes would be necessary. The agent may mark the preliminary sketch indicating necessary changes and any such marked sketch shall be returned to the commission with the preliminary plat. The preliminary sketch shall be as follows:

907.01-1

It shall be drawn on white paper, or on a print of a topographic map of the property. It shall be drawn to an appropriate scale i.e., 200 feet to the inch. It shall show the name, location, and dimensions of all streets entering the property, adjacent to the property, or terminating at the boundary of the property to be subdivided. It shall show the location of all proposed streets, lots, parks, playgrounds and other proposed uses of the land to be subdivided and shall include the approximate dimensions.

907.02

Preliminary plat. The subdivider shall, present to the administrator four copies of a preliminary layout at an appropriate scale. The preliminary plat shall include the following information:

907.02-1

Name of subdivision, owner, subdivider, surveyor, or engineer, date of drawing, number of sheets, north point and scale;

907.02-2

Location of proposed subdivision by an inset map at a scale of not less than one inch equal to 2000 feet showing adjoining roads, their names and number, towns, subdivisions, and other landmarks;

907.02-3

The boundary survey or existing survey of record provided such survey shows a closure with an accuracy of not less than one in twenty-five hundred; total acreage, acreage of subdivided area, number and approximate area and frontage of all building sites, existing buildings within the boundaries of the tract, names of owners and their property lines within the boundaries of the tract, and adjoining such boundaries;

907.02-4

All existing, platted, and proposed streets, their names, numbers, and widths; existing utility or other easements, public areas, and parking spaces; culverts, drains, and watercourses, their names and other pertinent data;

907.02-5

All parcels of land to be dedicated for public use and the conditions of such dedication;

907.02-6

Topography at an appropriate interval;

907.02-7

Elevations of existing and proposed ground surface at all street intersections and at points of major grade change along the centerline of streets together with proposed grade lines connecting therewith;

907.02-8

Proposed connections with existing sanitary sewers and existing water supply or alternate means of sewage disposal and water supply;

907.02-9

Provisions for collecting and discharging surface drainage and preliminary designs of any structure that may be required, (see 906.02);

907.02-10

Procedure. The planning commission and agent shall discuss the preliminary plat with the subdivider in order to determine whether or not his preliminary plat generally conforms to the requirements of the Land Development Regulations. The subdivider shall then be advised in writing within forty five (45) days, which may be by formal letter or by legible markings on his copy of the preliminary plat, concerning any additional data that may be required, the character and extent of public improvements that will have to be made, and the amount of the performance bond which will be required as a prerequisite to approval of the final subdivision plat. In determining the cost of required improvements and the amount of the performance bond, the administrator shall require a bona fide estimate of the cost of improvements to be furnished by the subdivider;

907.02-11

No guarantee. Approval by the planning commission and administrator of the preliminary plat does not constitute a guarantee of approval of the final plat;

907.02-12

Six-month limit. The subdivider shall have not more than six months after receiving official notification concerning the preliminary plat to file with the administrator a final subdivision plat in accordance with this section. Failure to do so shall make preliminary approval null and void. The administrator may, on written request by the subdivider, grant an extension of this time limit.

Four copies of the final plat shall be submitted to the administrator. The subdivision plats submitted for final approval by the governing body and subsequent recording shall be clearly and legibly drawn in ink upon tracing cloth at an appropriate scale, i.e., 100 feet to the inch on sheets not exceeding 17 inches by 22 inches in size. When a subdivision cannot be platted on sheets of this size, it is suggested that it be platted in sections, numbering the sections numerically, as section 1, 2, etc., of subdivision.

908.01

Plat should contain at least the following information:

908.01-1

Name of subdivision, ward, city, state, owner, north point, scale of drawing, and number of sheets. If shown on more than one sheet, match lines shall clearly indicate where the several sheets join. A space containing the certificate of approval, (see appendix A), shall be provided for the use of the approving authority;

908.01-2

Location of proposed subdivision by an insert map, at a scale of not less than 1 inch equals 2000 feet, indicating adjoining roads, their names and numbers, town;, subdivisions, and other landmarks;

908.01-3

A boundary survey with an error of closure within the limit of one in 5,000 related to the true meridian and showing the location of all monuments and their type of material. The survey may be related to the state plane coordinate grid, if the coordinates of two adjacent corners of the subdivision are shown;

908.01-4

A statement to the effect that the subdivision as it appears on this plat is with the free consent and in accordance with the desires of the owners, proprietors, and trustees, if any, which shall be signed by the owners, proprietors, and trustees, if any, and shall be duly acknowledged before some officer authorized to take acknowledgements of deeds on the form shown in appendix A;

908.01-5

When the subdivision consists of land acquired from more than one source of title, the outlines of the various tracts shall be indicated by dashed lines, and indication of the respective tracts shall be placed on the plat;

908.01-6

The accurate location and dimensions by bearings and distances with all curve data on all lots, and street lines and centerlines of streets; boundaries of all proposed or existing easements, parks, school sites, or other public areas; the number and area of all building 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 said boundaries;

908.01-7

All dimensions shown shall meet the standards published by the state board of licensing.

908.01-8

The data of all curves along the street frontages shall be shown in detail at the curve or in a curve data table containing the following: Delta, radius, arc, tangent, chord and chord bearings.

908.01-9

A professional engineer or surveyor shall certify that all required facilities are designed and built to the requisite standards (see appendix A).

909.01

The city council shall act on proposed final plats within 60 days after it has been officially submitted for approval by either approving or disapproving such plat in writing, and giving with the latter specific reasons therefor. The specific reasons for disapproval may be contained in a separate document or may be written on the plat itself, and shall relate in general terms such modifications or corrections as will permit approval of the plat.

909.01-1

If the city council fails to act on the proposed plat within 60 days after it has been officially submitted for approval, the subdivider, after ten days' written notice to the city council may petition the circuit court of the city to decide whether the plat should or should not be approved. The court shall hear the matter and make and enter such order with respect thereto as it deems proper;

909.01-2

If the city council disapproves a plat and the subdivider contends that such disapproval was not properly based an the ordinance applicable thereto, or was arbitrary or capricious, lie may appeal to the circuit court having jurisdiction of such land, and the court shall hear and determine the case as soon as possible, provided that his appeal is filed with the circuit court within 60 days of the written disapproval by the city council;

909.01-3

The subdivider shall have not more than six months after receiving final approval to file the subdivision plat for recordation. If a plat is not filed for recordation within the time limit such approval shall be withdrawn and the plat marked void and returned;

909.01-4

Before the acceptance of dedication for public use of any right-of-way located within any subdivision which has been constructed or proposed to be constructed within the subdivision, any street, curb, gutter, sidewalk, bicycle trail, drainage or sewerage system, waterline as part of a public system, or other improvement financed or to be financed in whole or in part by private funds the owner or developer must:

(1)

Certify to the governing body that the construction costs have been paid to the person constructing such facilities; or

(2)

Furnish to the governing body a certified check, letter of credit, cash escrow or contract for construction in the amount of the estimated costs of construction or a personal, corporate or property bond, with surety satisfactory to the governing body, in an amount sufficient for and conditioned upon the construction of such facilities;

909.01-5

Should the city have accepted the dedication of a road for public use and such road is not acceptable into the state highway system due to factors other than its quality of construction, the city may require the, subdivider or developer to furnish a maintenance and indemnifying bond or letter of credit with surety satisfactory to the governing body, in an amount sufficient for, and conditioned upon, the maintenance of such road until such time as it is accepted into the state highway system;

909.01-6

Recordation. The recordation of such plat shall operate to transfer, in fee simple, to the City of Buena Vista such portion of the premises platted as is on such plat set apart for streets, alleys, or other public use and to transfer to the city any easement indicated on such plat to create public right of passage over the same;

909.01-7

Conditions. The plat shall not be approved until the subdivider has complied with the general requirements and minimum standards of design in accordance with this ordinance, and has made satisfactory arrangements for performance bonds, the satisfaction of the agent. Approval of final plat shall be written by the agent on the face thereof.

A lot line on an existing parcel may be revised as long as the revision will not be in conflict with any provisions of the City of Buena Vista Land Development Regulations.

910.01

Procedure. The property owner or proprietor of a tract of land in Buena Vista shall file a plat meeting the requirements of 908.00. The planning commission shall review the proposed revision and make recommendations to city council. Council consideration will follow the process outlined in 909.00.

A plat may be vacated by ordinance of the governing body of the City of Buena Vista in which the land shown on the plat or part thereof to be vacated lies, on motion of one of its members, or on application of any interested person. Such ordinance shall not be adopted until after notice has been given as required by [Code of Virginia, §] 15.2-2204. Said 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 is to be considered. 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 such 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 provided or if the ordinance is upheld on appeal, a certified copy of the ordinance of vacation shall be recorded in the clerk's office of the court in which the plat is recorded.

911.01

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

(a)

By instrument in writing agreeing to said vacation signed by all the owners of lots shown on said plat and also signed on behalf of the governing body of the city in which the land shown on the plat or part thereof to be vacated lies for the purpose of showing the approval of such vacation by the governing body. 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 said plat is recorded;

(b)

By ordinance of the City Council of Buena Vista on motion of one of its members or on application of any interested person. Such ordinance shall not be adopted until after notice has been given as required by Code of Virginia, § 15.2-2204. Said 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 said 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 over the land shown on the plat or part thereof to be vacated. Upon such 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 provided or if the ordinance is upheld on appeal, a certified copy of the ordinance of vacation shall be recorded in the clerk's office of any court in which the plat is recorded.

State Law reference— Vacation of plats, Code of Virginia, §§ 15.2-2271—15.2-2278.

A subdivider, when advertising a subdivided tract of land for sale, shall be specific as to whether or not officially approved water and sewage facilities are available.

Where the subdivider can show that a provision of these standards would cause unnecessary hardship if strictly adhered to, and where because of topographical or other conditions peculiar to the site, in the opinion of the city a departure may be made without destroying the intent of such provisions, the administrator may authorize an exception. Any exception thus authorized is to be stated in writing in the report of the administrator with the reasoning, on which the departure was justified, set forth. No exception to this ordinance may be granted which is opposed in writing by the city or VDOT highway engineer or health official.