(a)

Conformity with article required. No person shall subdivide any tract of land that is located within the town except in conformity with the provisions of this article.

(b)

Granting of exception. 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 agent a departure may be made without destroying the intent of such provisions, the agent may authorize an exception. Any exception thus authorized is to be stated in writing in the report of the agent with the reasoning on which the departure was justified. No such exception may be granted by this chapter which is opposed in writing by the state department of transportation or health official.

(c)

Private contracts. This chapter 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 chapter calls for more restrictive standards than are required by private contracts, the provisions of this chapter shall control.

(Ord. No. 196, 6-10-2020)

(a)

Generally.

(1)

Mutual responsibility. There is a mutual responsibility between the subdivider and the town to divide the land so as to improve the general use pattern of the land being subdivided.

(2)

Suitability of land. The agent shall not approve the subdivision of land if, from adequate investigations conducted by all 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.

(3)

Land subject to flooding. Land subject to flooding and land deemed to be topographically unsuitable, having unsuitable soils or inadequate light and air shall not be platted for residential occupancy nor for such other uses as may increase danger of health, life or property or may aggravate erosion or flood hazard. Such land within the subdivision shall be set aside on the plat for such uses as shall not be endangered by periodic or occasional inundation or shall not produce conditions contrary to public welfare.

(4)

Improvements. All required improvements shall be installed by the subdivider at his cost. In cases where specifications have been established either by the Virginia Department of Transportation (VDOT) for streets, curbs, etc., or by local ordinances and codes, such specifications shall be followed. The subdivider's bond shall not be released until construction has been inspected and approved by the appropriate official. All improvements shall be in accordance with the requirements and design standards set forth in this article. Periodic partial release is allowed as outlined in Code of Virginia, § 15.2-2245.

(b)

Streets.

(1)

Responsibility of subdivider. All streets in the proposed subdivision shall be designed and constructed in accordance with the following minimum requirements by the subdivider at no cost to the locality.

(2)

Alignment and layout.

a.

As required by Code of Virginia, § 15.2-2241(2) the arrangement of streets in new subdivisions shall make provision for the continuation of existing streets in adjoining areas and proposed streets as shown on the adopted plan of land use and major thoroughfares.

b.

The street arrangement shall 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 agent, it is desirable to provide for street access to adjoining property, proposed streets shall be extended by dedication to the boundary line of such property. Half streets along the boundary of land proposed for subdivision shall 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 sixty (60) degrees, unless approved by the administrator on recommendation of the highway engineer.

(3)

Service drives. Whenever a proposed subdivision contains or is adjacent to a limited access highway or expressway, provision shall be made for a service drive or marginal street approximately parallel to the right-of-way at a distance suitable for an appropriate use of the land between the highway and the proposed subdivision. Such distances shall be determined with due consideration of the minimum distance required for ingress and egress to the main thoroughfare. The right-of-way of any major highway or street projected across any railroad, limited access highway or expressway, shall be of adequate width to provide for the cuts or fills required for any future separation of grades.

(4)

Approach angle. Major streets shall approach major or minor streets at an angle of not less than eighty (80) degrees unless the agent, on recommendation of VDOT, shall approve a lesser angle of approach for reasons of contour, terrain or matching of existing patterns.

(5)

Minimum widths.

a.

The minimum width of proposed streets, measured from lot line to lot line, shall be as shown on the major street plan; or, if not shown on such plan, the widths shall be:

1.

Major streets, not less than eighty (80) feet.

2.

Minor streets, not less than sixty (60) feet.

3.

Local service drives or other minor streets which cannot be extended in the future, no less than fifty (50) feet.

4.

In the case of townhouses/condominiums the minimum right-of-way shall be as follows:

A.

Main street fifty (50) feet.

B.

Local street forty (40) feet.

C.

Private street thirty (30) feet.

5.

Any VDOT standards that differ from (i) through (iv) above may be approved at the discretion of the agent.

b.

Minimum pavement width shall be twenty-two (22) feet, exclusive of parking.

(6)

Construction requirements.

a.

In cases where VDOT specifications are lacking or are less restrictive than the requirements of this section, this section shall prevail unless otherwise approved by the agent.

b.

The following specifications shall apply within corporate limits of the town:

1.

The roadway shall be graded to pavement with plus eight (8) feet exclusive of side ditches.

2.

Base for pavement shall be at least thirty (30) feet in width and six (6) inches in depth and be of stone, gravel or other satisfactory material approved by VDOT.

3.

Pavement width shall be a minimum of twenty-four (24) feet where there is no on-street parking, or a minimum of thirty (30) feet when on-street parking is required, constructed of a material passing VDOT specification. The pavement will consist of a bituminous oil primer treatment and double sealed treatment with rates of application to be in accordance with VDOT specifications.

(7)

Culs-de-sac. Generally, minor terminal streets (culs-de-sac) designed to have one (1) end permanently closed shall serve no more than twenty-five (25) lots. Each cul-de-sac must be terminated by a turnaround of not less one hundred (100) feet diameter. Culs-de-sac or approved turnarounds shall be required as prescribed in the most current version of the International Fire Code. Hammerhead and/or other types of turnarounds shall be designed to the satisfaction of the town representative.

(8)

Alleys. There will be no alleys provided unless required by the agent. All utilities and access requirements will be handled by the use of easements and will be part of the property deeds in adjacent lots.

(9)

Private streets and reserve strips. There shall be no private streets platted in any subdivision. Every subdivided property shall be served from a publicly dedicated street. There shall be no reserve strip controlling access to streets.

(10)

Names. Proposed streets which are obviously in alignment with other already existing and named streets shall bear the names of the existing streets. In no case shall the names of proposed streets duplicate existing street names irrespective of the use of the suffix street, avenue, boulevard, drive, way, place, lane or court. Street names shall be indicated on the preliminary and final plats and shall be approved by the agent. Names of existing streets shall not be changed except by approval of the governing body.

(11)

Identification signs. Street identification signs of a design approved by the agent shall be installed at all intersections, readable from either side.

(c)

Block.

(1)

Compliance with requirements. Where created by the subdivision of land, all new blocks shall be of modern design and shall comply with the general requirements set out in this division.

(2)

Length. Generally, the maximum length of blocks shall be twelve hundred (1200) feet and the minimum length of blocks on which lots have frontage shall be five hundred (500) feet.

(3)

Width. Blocks shall be wide enough to allow two (2) tiers of lots of minimum depth, consistent with the town zoning ordinance and this chapter, 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.

(4)

Orientation. Where a proposed subdivision will adjoin a major road, the agent may require that the greater dimension of the block shall front or back on such major thoroughfare to avoid unnecessary ingress or egress

(d)

Lots.

(1)

Minimum size. The minimum lot size in any area shall be in accordance with the zoning ordinance for those subdivisions within the corporate limits.

(2)

Shape. The lot arrangement, design and shape shall be such that lots shall provide satisfactory and desirable sites for buildings, be properly related to topography and conform to requirements of this chapter. Lots shall not contain peculiarly shaped elongations solely to provide necessary square footage of area but which would be unusable for normal purposes. Pipestem lots, also known as flag lots, are prohibited.

(3)

Location. 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 fifty (50) feet in width, the subdivider shall make provisions in the subdivision plat for the dedication of additional road right-of-way to equal one-half (½) the width set out in section 29-62 platting requirements and design standards, from the existing Code. This dedication will be deeded to the town prior to the final approval of the subdivision.

(4)

Corner lots. Corner lots shall have extra width sufficient for maintenance of any required building lines on both streets as determined by the agent.

(5)

Side lines. Side lines of lots shall be approximately at right angles, or radial to the street line.

(6)

Remnants. All remnants of lots below minimum size left over after subdividing a tract shall be added to adjacent lots or otherwise disposed of rather than allowed to remain as unusable parcels.

(7)

Separate ownership. Where the land covered by a subdivision includes two (2) or more parcels in separate ownership and lot arrangement is such that a property ownership line divides one (1) or more lots, the land in each lot so divided shall be transferred by deed to single ownership simultaneously with the recording of the final plat. Such deed is to be deposited with the clerk of the court and held with the final plat until the subdivider is ready to record same and they both shall then be recorded together.

(8)

Incorporation of two (2) contiguous parcels of land.

a.

With the approval of the agent, two (2) contiguous parcels of land may be incorporated into one (1) lot.

b.

The town council may make an exception to this section, if they feel the compliance with this section would cause an undue hardship on the property owner or cause a waste of land. Any exception made shall not violate any provisions of the zoning ordinance or other regulation in the town.

(9)

Water and sewer.

a.

Public water. Where public water is available, the service, including fire hydrants, shall be extended to all lots within a subdivision by the subdivider in accordance with the design standards and specifications for water, construction and improvements in the town and meeting the approval of the agent.

b.

Sewerage facilities. Where public sewerage facilities are available, the service shall be extended to all lots within a subdivision and septic tanks shall not be permitted. Every subdivision shall be provided by the subdivider with a satisfactory and sanitary means of sewage collection and disposal in accordance with the design standards and specifications for sewerage construction and improvements in the town and meeting the approval of the agent.

c.

Improvements; pro-rata share. As allowed by Code of Virginia, §§ 15.2-2243 and 15.2-2242(5), the town may require a subdivider or developer of land to pay his pro rata share of the cost of providing reasonable and necessary road improvements, sewerage, water 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 as per town water and sewer regulations.

d.

Sidewalks. As allowed by Code of Virginia, § 15.2-2242(9), the town requires the dedication of land and construction of a 5' sidewalk on the property in the B-1, B-2, and B-3, R-1, R-2, and R-3 zoning districts being subdivided or developed when one (1) of the following applies:

1.

The land fronts on an existing street;

2.

Is adjacent to an existing sidewalk;

3.

Is reasonably required by the proposed development, or

4.

Is in the adopted comprehensive plan.

Nothing in this section shall alter VDOT's authority to require sidewalks.

e.

Storm drainage facilities. The subdivider shall provide all necessary information needed to determine what improvements are necessary to properly develop the subject property, including contour intervals, drainage plans and flood control devices. The subdivider shall also provide plans for all such improvements together with a properly qualified licensed engineer's or surveyor's statement that such improvements, when properly installed, will be adequate for proper development. The subdivider shall install the approved storm drainage facilities.

f.

Fire protection. Adequate fire hydrants in a subdivision at locations approved by the agent shall be installed by the subdivider; provided, that necessary public water is available. The location of the fire hydrants shall meet the American Insurance Association specifications.

g.

Easements. In accordance with Code of Virginia, § 15.2-2241(6), the agent may require that easements for drainage through adjoining property be provided by the subdivider. Easements of not less than twenty (20) feet in width shall be provided for drainage, water, sewer, power lines and other utilities in the subdivision when required by the agent.

h.

Bond. Before any subdivision plat will be finally approved the subdivider shall, in lieu of construction, furnish bond in an amount approved by the agent to secure the required improvements in accordance with specifications and construction schedules established, which bond shall be payable to and held by the governing body.

i.

Bonds for dedicated public uses. In accordance with Code of Virginia, § 15.2-2241.1 provided the developer and the governing body have agreed on the delineation of sections within a proposed development, the developer shall not be required to furnish to the governing body a bond in the amount of the estimated cost of construction of facilities to be dedicated for public use within each section of the development until such time as construction plans are submitted for the section in which such facilities are to be located.

j.

Periodic partial and final release of bond. As outlined in Code of Virginia, § 15.2-2245, The subdivider may apply for the periodic partial and final complete release of any bond required under this article.

1.

All partial and final releases shall conform to the time constraints, procedures and requirements of the Code of Virginia, § 15.2245.

2.

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

3.

For the purposes of this section, a certificate of partial or final completion of such 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 town may be accepted without requiring further inspection of such facilities.

k.

Plans and specifications. Two (2) blue or black line prints and an electronic file in a format usable by the agent of the plans and specifications for all required physical improvements to be installed, including but not limited to gas, water, sewer, electric, shall be prepared by an engineer or land surveyor and shall be submitted to the agent for approval or disapproval within sixty (60) days. If approved, one (1) copy bearing certification of such approval shall be returned to the subdivider. If disapproved, all papers shall be returned to the subdivider with the reason for disapproval in writing.

(10)

Monuments.

a.

Responsibility of subdivider. As required by this chapter all monuments shall be installed by the subdivider and shall meet the minimum specifications. On completion of subdivision streets, sewers and other improvements, the subdivider shall make certain that all monuments required by the agent are clearly visible for inspection and use. Such monuments shall be inspected and approved by the agent before any improvements are accepted by the town.

b.

Location—Concrete. As allowed by Code of Virginia, § 15.2-2241(7), concrete monuments four (4) inches in diameter or square, three (3) feet long, with a flat top shall be set at all street corners at all points where the street line intersects the exterior boundaries of the subdivision and at right angle points and points of curve in each street. An alternate to this requirement will be annotate coordinates to at least one (1) outer point based on the town datum, (Virginia HARN-NAD 1983-1993) and provide the town G.I.S. department with an electronic file of the boundary, division lines and easement lines in a format usable by that office.

c.

Location—Iron pipe/rod. All other lot corners shall be marked with iron rod not less than one-half (½) inch in diameter and twenty-four (24) inches long, or iron rod not less than one (1) inch in diameter and twenty-four (24) inches long. When rock is encountered, a hole shall be drilled one (1) inches deep in the rock, into which shall be cemented a steel rod one-half (½) inch in diameter, the top of which shall be flush with the finished grade line or reference irons shall be driven on line and shown on plat.

(Ord. No. 196, 6-10-2020; Ord. No. 233, § 2, 6-12-2024)

(a)

Generally.

(1)

Approval required before sale. Whenever any subdivision of land is proposed, and before any permit for the erection of a structure shall be granted, the subdivider or his representative shall apply in writing to the agent for the approval of the subdivision plat. No lot shall be sold until a final plat for the subdivision shall have been approved and recorded in the manner provided in this article.

(2)

Changes on approved plats. No change, erasure or revision shall be made on any preliminary or final plat nor on accompanying data sheets after approval of the agent has been endorsed in writing on the plat or sheets unless authorization for such changes has been granted in writing by the agent.

(b)

Preliminary plats.

(1)

Preliminary sketch.

a.

The subdivider may, if he so chooses, submit to the agent two (2) copies of a preliminary sketch of the proposed subdivision prior to his preparation of professional preliminary and final plats. The purpose of the preliminary sketch is to permit the agent to advise the subdivider whether his plans in general are in accordance with the requirements of this chapter. The agent, on submission of any preliminary sketch, shall study it and advise the subdivider wherein it appears that changes would be necessary. The agent may mark the preliminary sketch indicating necessary changes and any such sketch shall be returned to the subdivider.

b.

The preliminary sketch shall be drawn on white paper or on a print of a topographic map of the property. It shall be drawn to a scale of one hundred (100) 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.

c.

Whenever part of a tract is proposed for platting and it is intended to subdivide additional parts in the future, a sketch plan for the entire tract shall be submitted with the preliminary plat. This sketch is merely for informational purposes and is not binding on the subdivider or the governing body.

(2)

Preliminary plat—Submission; contents; forms. Whenever any subdivision of land is proposed a subdivider or his agent may apply to the administrator for approval of their preliminary subdivision layout. The subdivider shall present to the administrator three (3) prints of a preliminary layout at a scale no smaller than one hundred (100) feet to the inch as a preliminary plat. The preliminary plat shall include the following information:

a.

Name of subdivision, owner, subdivider, surveyor or engineer, date of drawing, number of sheets, north point and scale. If true north is used, method of determination shall be shown.

b.

Location of proposed subdivision by an inset map at a scale of not less than two (2) inches equal to one (1) mile showing adjoining roads, their names and numbers, towns, subdivisions and other landmarks.

c.

The existing boundary survey of record provided such survey shows 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.

d.

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.

e.

The complete storm drainage layout, including all pipe sizes, types, drainage easements and means of transporting, detaining or treating stormwater to the standards of the state department of environmental quality or other appropriate agency.

f.

Proposed connections with existing sanitary sewers and existing water supply or alternate means of sewage disposal and water supply. The location, type, profile, percentage of slope, pipe size, and location of manholes for all sewers shall be shown. The distance between manholes shall not exceed three hundred (300) feet. The location, type and sizes of all water lines shall be shown, as well as the location of valves and fire hydrants.

g.

A cross section showing the proposed street construction, depth and type of base, type of surface, etc.

h.

A profile and contour map showing the proposed grades for the streets and drainage facilities, including elevations of existing and proposed ground surface at all street intersections and all points of major grade change along the centerline of streets, together with proposed grade lines connecting therewith.

i.

All parcels of land to be dedicated for public use and the condition of such dedication.

j.

In accordance with the Code of Virginia, § 15.2-2258, the location of any drainage district, mapped dam break inundation zone, grave, object or structure marking a place of burial shall be identified.

(3)

Review; recommendations; estimated cost of improvements.

a.

All preliminary plat reviews, notices and approval or disapproval shall follow the Code of Virginia, § 15.2-2260.

1.

The agent or his appointed representative 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 subdivision chapter and of the zoning chapter. The subdivider shall then be advised in writing concerning any additional data that may be required, the character and extent of public improvements that shall have to be made and an estimate of the cost of construction or improvements and the amount of the performance bond that shall 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 agent may consult with a duly licensed engineer who shall prepare this data for the agent or preferably may require a bona fide estimate of the cost of improvements to be furnished by the subdivider.

2.

If the agent fails to approve or disapprove the preliminary layout within ninety (90) days after it has been officially submitted for approval, the subdivider, after ten (10) days' written notice to the agent, may petition the circuit court of the commonwealth to enter an order with respect thereto as it deems proper, which may include directing approval of the plat.

3.

If the agent disapproves a preliminary subdivision 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 of the commonwealth, provided that his appeal is filed with the circuit court within sixty (60) days of the written disapproval by the agent.

4.

Once a preliminary subdivision plat is approved, it shall be valid for a period of five (5) years, provided the subdivider:

A.

Submits a final subdivision plat for all or a portion of the property within one (1) year of such approval or such longer period as may be prescribed by local ordinance, and

B.

Thereafter diligently pursues approval of the final subdivision plat.

"Diligent pursuit of approval" means that the subdivider has incurred extensive obligations or substantial expenses relating to the submitted final subdivision plat or modifications thereto. However, no sooner than three (3) years following such preliminary subdivision plat approval, and upon ninety (90) days' written notice by certified mail to the subdivider, the agent may revoke such approval upon a specific finding of facts that the subdivider has not diligently pursued approval of the final subdivision plat.

5.

According to the Code of Virginia, § 15.2-2260(f)(i), a subdivider shall, within one (1) year after official approval and notification by the agent in respect to a preliminary layout, file with the agent the final subdivision plat in accordance with this article.

6.

Effect of preliminary approval. Approval by the agent of the preliminary plat does not constitute a guarantee of approval of the final plat.

(Ord. No. 196, 6-10-2020)

(a)

Final plat—Submission; contents; form.

(1)

The subdivision plats submitted for final approval by the governing body and subsequent recording shall be clearly and legibly drawn in ink at a scale not smaller than one hundred (100) feet to the inch on sheets having a size of not more than eighteen (18) by twenty-four (24) inches. In addition to the requirements of the preliminary plat, the final plat shall, as required by Code of Virginia, § 15.2-2241, meet the standards for plats under § 42.1-82 of the Virginia Public Records Act and include the following:

a.

Two (2) signature lines shall be drawn and labeled "subdivision agent" and "president of town council".

b.

Except the agent may permit a boundary line adjustment, vacation or the separation of one (1) parcel from a tract of land without complying with all requirements of this chapter if it is:

1.

Not in conflict with the general meaning and purpose of this chapter.

2.

No new streets are required to serve the parcel.

3.

Meets or exceeds all zoning requirements.

4.

In this case, only one (1) line shall be required and shall be labeled "subdivision agent."

c.

Certificates signed by surveyor or other duly authorized professional recognized under Code of Virginia, § 54.1-400 setting forth the source of title of the owners of the land subdivided and the place of record of the last instrument in the chain of title.

d.

A statement to the effect, as outlined in Code of Virginia, § 15.2-2264, 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.

e.

When the subdivision consists of land acquired from more than one (1) source of title, the outlines of the various tracts shall be indicated by dash (-) lines and identification of the respective tracts shall be placed on the plat.

f.

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, 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 the boundaries.

g.

In accordance with the Code of Virginia, § 15.2-2258, the location of any drainage district, mapped dam break inundation zone, grave, object or structure marking a place of burial shall be identified.

h.

Distances and bearings must balance and close.

i.

The data of all curves along the street frontage shall be shown in detail to include the following: delta, radius, arc, chord and chord bearings.

(2)

Approval procedure.

a.

The plat shall not be approved until the subdivider has complied with the general requirements and minimum standards of design in accordance with this chapter and has made satisfactory arrangements for performance bond, cash or cash bond to cover the cost of necessary improvements, in lieu of construction, to the satisfaction of the agent. Approval of final plat shall be written on the face of the plat by the agent.

b.

The completed plat shall be submitted to the subdivision agent or to the town council for approval. On the approval by the town council, the plat shall be signed by the president of the town council, marked approved. On the approval by the subdivision agent, the plat shall be signed by the agent and marked approved. Approved plats shall be returned to the property owner, who will cause the plat to be recorded in the clerk's office, Prince Edward County, Virginia, or clerk's office, Cumberland County, Cumberland, Virginia, wherein the land lies. If not approved, the town council will return the plat to the owner with corrections to be made indicated thereon.

1.

The council or agent shall act on any proposed plat within sixty (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. Specific reasons for disapproval may be contained in a separate document or may be written on the plat itself. The reasons for disapproval shall identify deficiencies in the plat which cause the disapproval by reference to specific duly adopted ordinances, regulations, or policies and shall generally identify modifications or corrections as will permit approval of the plat.

2.

If the council or agent fails to approve or disapprove the plat within sixty (60) days after it has been officially submitted for approval, the subdivider, after ten (10) days' written notice to the agent, may petition the circuit court for the court of the commonwealth to decide whether the plat should or should not be approved. The court shall hear the matter and make and enter an order with respect thereto as it deems proper, which may include directing approval of the plat.

3.

If the council or agent 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 and the court shall hear and determine the case as soon as may be, provided that his appeal is filed with the circuit court within sixty (60) days of the written disapproval by the agent.

4.

In addition to the above, the council and agent will act accordingly with regards to timeframes of resubmittals and other agency reviews, as outlined in Code of Virginia, § 15.2-2259.

(Ord. No. 196, 6-10-2020)

(a)

As required by Code of Virginia, § 15.2-2254, any owner or developer of any tract of land situated within the town who subdivides the same shall cause a plat of subdivision to be made and recorded in the office of the clerk of the appropriate court. No such plat of subdivision shall be recorded unless and until it shall have been submitted, approved and certified by the agent in accordance with the regulations set forth in this article.

(b)

No lot shall be sold in any such subdivision before the plat shall have been recorded.

(c)

As outlined by Code of Virginia, § 15.2-2265, the recordation of an approved plat shall operate to transfer to the Town, or to such association or public authority as the Town may provide, such easements shown on the plat for the conveyance of stormwater, domestic water and sewage, including the installation and maintenance of any facilities utilized for such purposes, as the town may require. Nothing in this section shall obligate the town, association or authority to install or maintain such facilities unless otherwise agreed to by the town, association or authority.

(d)

A recorded plat or final site plan shall be valid for a period of not less than five (5) years from the date of approval, as required by Code of Virginia, § 15.2-2261.

(e)

If the provisions of a recorded plat or final site plan, which was specifically determined by the town council and not its agent, to be in accordance with the zoning conditions previously approved pursuant to the Code of Virginia, §§ 15.2-2296—15.2-2303, conflict with any underlying zoning conditions of such previous rezoning approval, the provisions of the recorded plat or final site plan shall control, and the zoning amendment notice requirements of the Code of Virginia, § 15.2-2204 shall be deemed to have been satisfied.

(f)

In accordance with Code of Virginia, § 15.2-2266, any subdivision plat recorded prior to January 1, 1975, if otherwise valid, is hereby validated and declared effective even though the technical requirements for recordation existing at the time such plat was recorded were not complied with.

(g)

Final approved subdivision plats valid under Code of Virginia, § 15.2-2260 and outstanding as of January 1, 2017 shall remain valid until July 1, 2020 as directed by Code of Virginia, § 15.2-2209.1.

(h)

As dictated by Code of Virginia, § 15.2-2241(8), any plat not recorded within six (6) months after final approval shall be considered void and approval withdrawn and the plat shall be returned to the approving officer. 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 town council or agent, or where the developer has furnished surety to the town council or agent 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 (1) year after final approval or to the time limit specified in the approved surety agreement, whichever is greater.

(Ord. No. 196, 6-10-2020)

(a)

Vacation. Code of Virginia, § 15.2-2278 sets forth that any plat of subdivision recorded in any clerk's office, may be vacated as outlined in the sections below, taken from Code of Virginia, § 15.2-2270 et seq. The effects of such vacations are outlined in Code of Virginia, § 15.2-2274.

(b)

Boundary Lines. As allowed by Code of Virginia, § 15.2-2275, 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 article or properly recorded prior to the applicability of this article, and executed by the owner or owners of the land. 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.

(c)

Interest to the town. Any interest in streets, alleys, easements for public rights of passage, easements for drainage, and easements for a public utility granted to the town as a condition of the approval of a site plan may be vacated according to the two (2) methods listed in Code of Virginia, § 15.2-2270.

(d)

Before sale of lot. An approved and recorded plat of subdivision, or part thereof, may be vacated prior to the sale of any lot therein by utilizing the procedures set forth in Code of Virginia, § 15.2-2271 with subsequent amendments thereto.

(e)

After sale of lot. An approved and recorded plat of subdivision, or part thereof, may be vacated after the sale of any lot by utilizing one (1) of the two (2) methods specified in Code of Virginia, § 15.2-2272 and subsequent amendments thereto.

(f)

Fees. As allowed by Code of Virginia, § 15.2-2273, the town council shall establish a fee for processing an application for vacation of plat. The filing fee shall be paid in accordance with the fee schedule established by the town council, as amended.

(g)

Duties of the clerk. According to Code of Virginia, § 15.2-2276, the clerk in whose office any plat so vacated has been recorded shall write in plain legible letters across such plat, or the part thereof so vacated, the word "vacated," and also make a reference on the plat to the volume and page in which the instrument of vacation is recorded.

(Ord. No. 196, 6-10-2020)

(a)

Authority to administer and enforce.

(1)

As provided in Code of Virginia, § 15.2-2255, pertaining to public improvements, the town council shall designate the subdivision agent (agent) responsible for administration and enforcement of this article.

(2)

The agent shall consult with the planning commission on matters contained within this article; and in the performance of his duties the agent may call for opinions or decisions, either verbal or written, from other departments in considering details of any submitted plat.

(b)

Amendments. Per the Code of Virginia, § 15.2-2253, this chapter may be amended in whole or in part by the governing body; provided, that any such amendment shall either originate with or be submitted to the planning commission for recommendation; further provided, that no such amendment shall be adopted without a public hearing having been held by the governing body in accordance with Code of Virginia, § 15.2-2204.

(c)

Recordation of ordinance. In accord with Code of Virginia, § 15.2-2252, a certified copy of the adopted subdivision ordinance and any and all amendments thereto shall be filed in the office of the subdivision agent and in the clerk's office of the circuit court.

(d)

Penalty. As allowed by Code of Virginia, § 15.2-2254, any person violating any provision of this chapter shall be subject to a fine of not more than five hundred dollars ($500.00) for each lot or parcel of land subdivided, transferred or sold in violation of this chapter 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.

(e)

Fees. There shall be a charge for the examination and approval, or disapproval of every plat reviewed by the agent. At the time of filing a plat, the subdivider shall deposit with the town checks payable to the town treasurer in the amount specified by the fee schedule established by the town council, as amended.

(Ord. No. 196, 6-10-2020)