This section shall be known, cited, and referred to as "The Town of Haymarket Subdivision Ordinance".

(Ord. No. 2021-002, 11-23-2021)

The purpose of this article is to:

(1)

establish standards and procedures for the town as authorized by Code of Virginia, §§ 15.2-2240 to subdivide land within the town;

(2)

Ensure the process has applicable and appropriate reviews;

(3)

To ensure the growth of the town is in accordance with the efficient and economical use of public funds;

(4)

To ensure that residential areas are provided with healthy surroundings;

(5)

To improve the public health, safety, and welfare of the citizens of the town.

(Ord. No. 2021-002, 11-23-2021)

This section and all regulations adopted hereunder shall apply to all subdivisions of land, including, but not limited to, any condominium or any subdivision of any convertible land.

(Ord. No. 2021-002, 11-23-2021)

This section shall not be construed as abating any legal action now pending under, or by virtue of, the prior existing subdivision ordinance or regulations, or as discontinuing, abating, modifying or altering any penalty accruing or about to accrue, or as affecting the liability of any person or as waiving any right of the county under any section or provision existing at the time of adoption of the ordinance from which this chapter is derived, or as vacating or annulling any rights obtained by any person by lawful action of the county, except as shall be expressly provided for in this chapter.

(Ord. No. 2021-002, 11-23-2021)

The administrator 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. The administrator may require the subdivider to furnish topographic maps, floodplain profile elevation information or other relevant information.

(Ord. No. 2021-002, 11-23-2021)

Land subject to flooding and land deemed to be topographically unsuitable shall not be platted for residential occupancy, or for such other uses in such a way as to endanger health, life, or property, or aggravate erosion or flood hazard. Such land within the subdivision shall be set aside on the plat for such uses as shall neither be endangered by periodic or occasional inundation nor produce conditions contrary to the public welfare.

(Ord. No. 2021-002, 11-23-2021)

(a)

Generally. All required improvements shall be installed by the subdivider at his cost. Specifications which have been established either by the Virginia Department of Transportation for streets, curbs, etc., or local regulations, ordinances, and codes, shall be followed. The subdivider's bond shall not be released until construction has been completed and approved by the chief engineering officer or appropriate official. All improvements shall be in accordance with this section.

(b)

Streets.

(1)

Design; construction. All streets shall be designed and constructed in accordance with the standards set by the Virginia Department of Transportation (VDOT) for acceptance into the state secondary road system, and at no cost to the locality.

(2)

Alignment and layout. The arrangement of streets in new subdivisions shall make provision for the continuation of existing streets in adjoining areas and proposed streets as shown in the adopted plan. 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 administrator it is desirable to provide for street access to adjoining property, proposed streets shall be extended to the boundary line of such property. Half streets along the boundary of land proposed for subdivision shall not be permitted. Wherever possible, streets shall intersect at right angles. In all areas where slope exceeds 15 percent, streets running with contours shall be required to meet intersecting streets at angles of not less than 60 degrees, unless approved by the administrator upon recommendation of the highway engineer.

(3)

Access to major streets. Where a subdivision borders on or contains an existing or proposed major street, the planning commission may permit the subdivider to provide that the access to such streets be limited by one or more of the following means:

a.

The subdivision of lots so that they will back onto the major street and front onto a parallel minor street. No access shall be provided from the major street, and screen planting shall be provided in a strip of land along the rear property line of such lots.

b.

The subdivision of lots along a series of culs-de-sac, U-shaped streets, or short loops entered from and designed generally at right angles to such a parallel minor street, with the rear lines of the terminal lots contiguous with the major street right-of-way.

c.

The subdivision of lots along a service street and physically separated from the major street by a planting or grass strip and having access thereto at approved points.

(4)

Approach angle. Major streets shall approach major or minor streets at an angle which is in accordance with specifications of the state department of transportation.

(5)

Minimum widths. The minimum width of proposed streets, measured from lot line to lot line, shall be 50 feet, or as specified by the Virginia Department of Transportation for acceptance into the state secondary road system.

(6)

Culs-de-sac. Generally, permanent culs-de-sac shall be no longer than 400 feet to the beginning of the turnaround. Each cul-de-sac must be terminated by a turnaround of not less than 100 feet in diameter.

(7)

Alleys.

(8)

Private streets and reservation strips.

a.

No private street shall be permitted in a platted subdivision for detached single-family dwelling units. All other subdivided property except townhouses shall be served by a publicly dedicated street.

b.

When a private access is platted or provided, the developer shall establish and record with the plat appropriate declarations and agreements, relieving the town from all current and future maintenance responsibility; and furthermore, the developer shall establish a maintenance fund for future repairs and snow removal by the established homeowners' association.

(9)

Names. Proposed streets which are obviously in alignment with other existing and named streets shall bear the names of the duplicate existing street names, irrespective of the use of the suffix "street," "avenue," "boulevard," "road," "driveway," "place," "lane," or "court." Street names shall be indicated on the preliminary and final plats and shall be approved by the administrator. Names of existing streets shall not be changed except by approval of the council.

(10)

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

(c)

Monuments.

(1)

Generally. As required by this chapter, all monuments must be installed by the subdivider and shall meet the minimum specifications described in this subsection. Upon completion of subdivision streets, sewers and other improvements, the subdivider shall make certain that all monuments required by the administrator are clearly visible for inspection and use. Such monuments shall be inspected and approved by the administrator before any improvements are accepted by the council.

(2)

Location—Concrete. Concrete monuments four inches in diameter or four inches square, three 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. The top of the monument shall have an appropriate mark to identify properly the location and shall be set six inches above the finished grade.

(3)

Same—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.

(d)

Water facilities. Public water service shall be extended by the subdivider to all lots within the subdivision in accordance with the approved design standards and Prince William County's DCSM specifications for water service construction, and improvements in the town. No subdivision or development shall be approved without an acceptable water supply plan, which provides water service to each lot.

(e)

Sewerage facilities. Where public sewerage facilities are available, the service shall be extended by the subdivider or developer to all lots, and individual septic tanks shall not be permitted. No subdivision or development shall be approved without an acceptable sewerage facilities plan, which provides sewerage service to each lot.

(f)

Storm drainage facilities. The subdivider shall provide all necessary information needed to determine what drainage improvements are necessary to properly develop such property. Such information shall include but may not be limited to contour data, drainage plans, and flood control devices. The subdivider shall also provide plans for all such improvements, together with a certified engineer or surveyor statement that such improvements, when properly installed, will be adequate for development. The highway engineer shall then approve or disapprove the plans. The subdivider shall also provide any other information required by the highway engineer. The subdivider shall install the approved storm drainage facilities.

(g)

Fire protection. Fire hydrants shall be required in a subdivision at locations approved by the administrator, provided adequate public water is available. The location and design of the fire hydrants shall meet the American Insurance Association specifications.

(h)

Utility service. All utility poles or underground conduits for electric power lines or telephone lines shall be placed in easements provided along the rear or side lot lines, whenever possible.

(i)

Easements. The administrator may require the subdivider to provide drainage easements through adjoining property. The width of easements provided for drainage, water, sewer, power lines and other utilities in the subdivision shall be determined by the administrator.

(j)

Plans and specifications. Six blue or black line prints of the plans and specifications, for all required physical improvements to be installed, shall be prepared by a licensed engineer or land surveyor, and shall be submitted with the final plat to the administrator for approval or disapproval within 30 days. If approved, one 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 stated in writing.

(Ord. No. 2021-002, 11-23-2021)

(a)

The subdivider shall furnish a cash bond or equivalent, or a certified check payable to the town in an amount equal to the total cost of the improvements shown on the plat as determined by the administrator. Such bond or check shall guarantee that the improvements will be installed within a designated reasonable length of time in a manner acceptable to the town. The bond or check shall accompany the final plat. When construction has been completed, approved, and accepted on each section of the required improvements, the administrator may release the bond submitted for the amount for that completed section of the required improvements. The periodic partial and final complete release of any bond, escrow, letter of credit, or other performance guarantee required herein shall be in compliance with Virginia Code § 15.2-2245.

(b)

The subdivider shall file a maintenance bond with the town in an amount considered adequate and, in a form, satisfactory to the administrator, in order to assure the satisfactory condition of the required improvements, for a period of one year after the date of their acceptance by the town.

(c)

In the case where development is projected over a period of years, the commission may authorize submission of final plats by sections or stages of development, subject to such requirements or guarantees for improvements in future sections or stages of development as it finds essential for the protection of any approved section of development.

(d)

In the absence of a performance bond or check, no final plat shall be approved or recorded until the required improvements have been installed and approved by the administrator.

(e)

Sidewalks shall be provided in accordance with the specifications of the state department of transportation.

(f)

Curbs and gutters shall be installed on both sides of streets shown on the subdivision plat and shall be in accordance with the design standards and specifications of the state department of transportation.

(Ord. No. 2021-002, 11-23-2021)

(a)

Generally. Lots shall be arranged in order that the considerations in this section are satisfied.

(b)

Size. The minimum lot size in any subdivision shall be in accordance with zoning ordinances of the jurisdiction in which the lot is located.

(c)

Shape. The lot arrangement, design and shape shall be such that lots will 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 extensions solely to provide necessary square footage of area which would be unusable for normal purposes.

(d)

Location. Each lot, except those occupied by attached single-family dwelling units, shall abut on an existing or proposed public street. If the existing streets are not 50 feet in width, the subdivider shall make provisions, in the deeds to the lots, that all buildings be constructed so as to permit the widening by dedication of such roads or streets to a width of 50 feet or more as shown on the comprehensive plan.

(e)

Corner lots. Corner lots shall have width sufficient for adequate sight distance on both streets as determined by the administrator.

(f)

Sidelines. Sidelines of lots shall be approximately at right angles or radial to the street line.

(g)

Remnants. All property of a subdivided tract must be included in lots, or otherwise disposed of, rather than allowed to remain as unusable parcels.

(h)

Separate ownership. Where the land covered by a subdivision includes two or more parcels in separate ownership, and lot arrangement is such that a property ownership line divides one 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 the same, and then both shall be recorded.

(Ord. No. 2021-002, 11-23-2021)

Where created by the subdivision of land, all new blocks shall be designed to comply with the following general requirements:

(1)

Generally, 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.

(2)

Blocks shall be wide enough to allow two tiers of lots of minimum depth, unless prevented by topographical conditions or size of the property, in which case the administrator may approve a single tier of lots of minimum depth.

(3)

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

(Ord. No. 2021-002, 11-23-2021)

(a)

The owner of property to be subdivided may offer to dedicate for public use any right-of-way located within any subdivision or section thereof, which has constructed or proposed to be constructed within the subdivision or section thereof any street, curb, gutter, sidewalk, bicycle trail, drainage or sewerage system, waterline as part of a public system or other improvement dedicated for public use, and maintained by the town, the commonwealth, or other public agency. No such dedication shall be effective until accepted by the town, the commonwealth, or other public agency by written instrument consistent with law.

(b)

The owner of property to be subdivided may convey common or shared easements to franchised cable television operators furnishing cable television and public service corporations furnishing cable television, gas, telephone, and electric service to the proposed subdivision.

(c)

The owner of property to be subdivided may voluntarily fund reasonable and necessary road improvements located outside the property limits of the land owned or controlled by him, the need for which is substantially generated and reasonably required by the construction or improvement of his subdivision or development. Any such funding shall comply with Virginia Code § 15.2-2242(4).

(d)

Where a lot being subdivided or developed fronts on an existing street, and adjacent property on either side has an existing sidewalk, the owner shall dedicate land for, and shall construct, a sidewalk on the property being subdivided or developed, to connect to the existing sidewalk.

(Ord. No. 2021-002, 11-23-2021)

The town's zoning administrator, as the agent for town council has approved and designated by the adoption of this ordinance, shall be responsible for the administration and enforcement of subdivision regulations, and shall perform all duties regarding subdivisions and subdividing in accordance with this chapter and the Code of Virginia.

(Ord. No. 2021-002, 11-23-2021)

In the performance of his duties, the administrator shall call for opinions or decisions, either verbal or written, from highway engineers, health department, or the commission, and may consult with other county or town officials in considering details of any submitted plat.

(Ord. No. 2021-002, 11-23-2021)

Any owner or developer of any tract of land situated within the town who subdivides the tract shall prepare a plat of such subdivision, in accordance with the provisions of this chapter and shall record the plat in the Circuit Court Clerk's Office per State Code § 15.2-2252. No such subdivision plat shall be recorded unless it has been submitted, approved, and certified by the administrator in accordance with the regulations set forth in this chapter.

(Ord. No. 2021-002, 11-23-2021)

No lot shall be sold in any proposed subdivision, nor shall any building permit be granted, until a final plat for the subdivision has been approved and recorded.

(Ord. No. 2021-002, 11-23-2021)

The recording of a subdivision plat under this article shall not be required in the following cases:

(1)

A partition of land by will or through actions of a court of competent jurisdiction unless or until development of the land is proposed.

(2)

When a property has been changed in size or shape by reason of the taking of a part of such property for public use by referring to a properly drawn and recorded plat, provided that the outlines and dimensions of such remainder may be clearly determined by reference to the previously recorded plats.

(3)

The sale or exchange of any parcels of land between owners of adjacent properties for the purpose of a small adjustment in boundaries, provided that additional lots are not created, and no lot is reduced below the minimum size required by this chapter.

(4)

A bona fide division of a tract of land in order that one or more of the resulting parcels may be used as a part of a public utility right-of-way; provided, that if a parcel resulting from such subdivision is ever to be used as a building site for other than right-of-way purposes, then before a building permit may be issued for such other use, a plat must be filed and recorded which satisfies the requirements of this chapter.

(Ord. No. 2021-002, 11-23-2021)

Every subdivision plat intended for recording, or the deed of dedication to which the plat is attached, shall be prepared by a surveyor, or engineer duly licensed by the commonwealth, who shall endorse upon each plat a certificate signed by him setting forth the source of the title of the owner of the land subdivided and the place of record of the last instrument in the chain of title. When the plat is of land acquired from more than one source of title, the outlines of the several tracts shall be indicated upon such plats, within an inset block, or by means of a dotted line upon the plat.

(Ord. No. 2021-002, 11-23-2021)

Every subdivision plat, or deed of dedication to which the plat is attached, shall contain in addition to the professional engineer's or land surveyor's certificate a statement as follows: "The platting or dedication of the following described land (here insert a correct description of the land subdivided) is with the free consent and in accordance with the desire of the undersigned owners, proprietors, and trustees, if any." The statement shall be signed by such persons and duly acknowledged before some officer authorized to take acknowledgement of deeds. When thus executed and acknowledged, the plat, subject to the provisions of this chapter, shall be filed and recorded in the office of the clerk of court where deeds are admitted to record for the lands contained in the plat, and indexed in the general index to deeds under the names of the owners of lands signing such statement, and under the name of the subdivision. Owners shall notify the appropriate commissioner of the revenue of improvements to real property situated in platted subdivisions.

(Ord. No. 2021-002, 11-23-2021)

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

(Ord. No. 2021-002, 11-23-2021)

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 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. 2021-002, 11-23-2021)

No change, erasure or revision shall be made on any subdivision plat intended for recording, nor on accompanying data sheets after the approval of the administrator has been endorsed in writing on the plat or sheets, unless authorization for such changes has been granted in writing by the administrator.

(Ord. No. 2021-002, 11-23-2021)

There shall be a charge for the examination of every plat reviewed. At the time of filing the preliminary plat, the subdivider shall deposit with the town checks payable to the town in the amount specified by the schedule of fees as adopted by the town.

(Ord. No. 2021-002, 11-23-2021)

The recording of a plat shall operate to transfer, in fee simple, to the respective counties and municipalities in which the land lies, all portions of the area platted which are set apart for streets, alleys, easements or other public use and to create a public right-of-passage over the same. Nothing contained in this section, however, shall prevent the subdivider from constructing and maintaining improvements as required by this chapter.

(Ord. No. 2021-002, 11-23-2021)

Any subdivision which involves four or more lots, or which involves the creation of any new public street, regardless of the number of lots involved, shall be considered a major subdivision. Subdivisions of less than 50 lots may be submitted for preliminary subdivision approval at the option of the landowner.

(1)

The planning commission shall review and approve or deny a preliminary plat submission within 60 days, except as otherwise provided by state law, and it shall advise the subdivider in writing, by formal letter or by legible markings on the preliminary plat, of any additional data that may be required, the character and extent of public improvements that will have to be made, an estimate of the cost of construction or improvements 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 may consult with a duly licensed engineer, who shall prepare these data for the administrator, or may require a bona fide estimate of the cost of improvements to be furnished by the subdivider. Approval of the preliminary plat does not guarantee approval of the final plat.

(2)

Once a preliminary subdivision plat is approved, it shall be valid for a period of five years, provided the subdivider (i) submits a final subdivision plat for all or a portion of the property within one year of such approval or such longer period as may be prescribed by local ordinance, and (ii) 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 years following such preliminary subdivision plat approval, and upon 90 days' written notice by certified mail to the subdivider, the commission or other agent may revoke such approval upon a specific finding of facts that the subdivider has not diligently pursued approval of the final subdivision plat.

(3)

The completed plat shall be submitted to the administrator for approval. Upon the approval by the administrator, the plat shall be signed by the administrator or his designated representative, marked approved, and returned to the subdivider, who will cause the plat to be recorded in the county clerk's office. If not approved, the administrator shall return the plat to the subdivider with corrections to be made by the subdivider indicated on the plat. The final 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 payment of construction costs of all public improvements or performance bond in accordance with state law, to cover such costs and a reasonable allowance for estimated administrative costs, inflation, and potential damage to existing roads or utilities. Approval of the final plat shall be written on the face of the plat by the administrator, and no plat shall be recorded until approval has been made.

(Ord. No. 2021-002, 11-23-2021)

Any subdivision which involves three or fewer lots shall be considered a minor subdivision.

(1)

Within 60 days of a subdivision plat submission, the administrator may approve the plat by marking it with his signature and returning the plat to the subdivider, who will cause the plat to be recorded in the county clerk's office. If not approved, the administrator shall return the plat to the subdivider with corrections to be made by the subdivider indicated on the plat. The final 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 payment of construction costs of all public improvements or a performance bond in accordance with state law, to cover such costs and a reasonable allowance for estimated administrative costs, inflation, and potential damage to existing roads or utilities. Approval of the final plat shall be written on the face of the plat by the administrator, and no plat shall be recorded until approval has been made.

(Ord. No. 2021-002, 11-23-2021)

The subdivider shall present to the administrator six prints of a preliminary layout at a scale of 100 feet to the inch as a preliminary plat. The preliminary plat shall include the following information:

(1)

Name of subdivision, owner, subdivider, person preparing drawing, date of drawing, number of sheets, north point, and scale. If true north is used, the method of determination must be shown;

(2)

Location of proposed subdivision by an inset map at a scale of not less than two inches equal to one mile showing adjoining roads, their names and numbers, towns, subdivisions, other landmarks and, where appropriate, the existing zoning of the land and adjoining property;

(3)

The boundary survey or existing survey of record provided such survey shows a closure with an accuracy of not less than 1:2,500, with reference to a known, permanent monument, total acreage, acreage of subdivided area, number and approximate area and frontage of all building sites, existing buildings within the boundaries of the tract, and the names of owners and their property lines within the boundaries of the tract and adjoining such boundaries;

(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 and their names; flood profile and other pertinent data;

(5)

The complete storm drainage layout, including all pipe sizes, types, drainage easements and means of transporting the drainage to a well-defined open stream which is considered natural drainage, or to another approved drainage control facility;

(6)

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 300 feet. The location, type and sizes of all water lines shall be shown as well as the location of necessary control valves and fire hydrants;

(7)

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

(8)

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

(9)

A location map tying the subdivision into the present road system, by using either aerial photographs or topographic maps of the United States Geological Survey;

(10)

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

(11)

Plat notation of the requirement to show RPA and RMA boundaries;

(12)

Plat notation of the requirement to retain an undisturbed and vegetated 100-foot-wide buffer area;

(13)

Plat notation regarding the requirement that on-site septic systems be pumped-out every five years;

(14)

Plat notation regarding the requirement for 100 percent reserve drain field sites for on-site sewage treatment systems;

(15)

Plat notation that specifies permitted development in the RPA is limited to water dependent facilities or redevelopment, including the 100-foot-wide vegetated buffer; and

(16)

The requirement that the delineation of the buildable area be shown on all submitted site plans.

Note: Plat notation requirements (11)—(16) are also noted as required in section 58-3.7(c) of the Zoning Ordinance.

(Ord. No. 2021-002, 11-23-2021; Memo. of 10-17-2022; Ord. No. 2024-002, 8-5-2024)

The subdivision plats submitted for final approval and subsequent recording shall be clearly and legibly drawn in ink upon stable and reproducible plastic or linen material at a scale not smaller than 100 feet to the inch on sheets having a size of not more than 24 inches by 36 inches. In addition to the requirements of the preliminary plat, the final plat shall include the following:

(1)

A blank space three inches by five inches, reserved for the use of the approving authority;

(2)

Certificates signed by a surveyor or engineer 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;

(3)

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;

(4)

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

(5)

The accurate location and dimensions by bearings and distances with all curve data on all lots and 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; and names of owners and their property lines, both within the boundary of the subdivision and adjoining such boundaries;

(6)

Distances and bearings must balance and close with an accuracy of not less than 1:10,000;

(7)

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

(8)

Plat notation of the requirement to show RPA and RMA boundaries;

(9)

Plat notation of the requirement to retain an undisturbed and vegetated 100-foot-wide buffer area;

(10)

Plat notation regarding the requirement that on-site septic systems be pumped-out every five years;

(11)

Plat notation regarding the requirement for 100 percent reserve drain field sites for on-site sewage treatment systems;

(12)

Plat notation that specifies permitted development in the RPA is limited to water dependent facilities or redevelopment, including the 100-foot-wide vegetated buffer; and

(13)

The requirement that the delineation of the buildable area be shown on all submitted site plans.

Note: Plat notation requirements (8)—(13) are also noted as required in section 58-3.7(c) of the Zoning Ordinance.

(Ord. No. 2021-002, 11-23-2021; Memo. of 10-17-2022; Ord. No. 2024-002, 8-5-2024)

Unless a plat is filed for recordation within six months after final approval or such longer period as may be approved by the council, such approval shall be withdrawn and the plat marked void and returned to the approving official; however, 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 council or its designated administrative agency, or where the developer has furnished surety to the governing body or its designated administrative agency by certified check, cash escrow, bond, or letter of credit in the amount required by § 58-20.21(3) or § 58-20.22(1), the time for plat recordation shall be extended to one year after final approval or to the time limit specified in the surety agreement approved by the council or its designated administrative agency, whichever is greater.

(Ord. No. 2021-002, 11-23-2021)

Where the subdivider can show that a provision of this chapter would cause substantial injustice or hardship if strictly adhered to, because of topographical or other unusual situation peculiar to the site, and where, in the opinion of the administrator, a departure may be made without destroying the intent of such provisions, or endangering public health, safety or welfare, the administrator may authorize an exception. Any exception thus authorized shall be stated in writing by the administrator, with the reasoning set forth upon which the departure was justified. No such exception to this chapter may be granted if it is opposed in writing by an authorized state official.

(Ord. No. 2021-002, 11-23-2021)

Family subdivisions shall comply with this chapter and other laws and regulations of the town. In addition, all family subdivisions resulting in lots of less than five acres shall have reasonable right-of-way of not less than ten feet or more than 20 feet width providing ingress and egress to a dedicated recorded public street or thoroughfare. Only one such division shall be allowed per family member and shall not be for the purpose of circumventing this section. For the purpose of this section, a member of the immediate family is defined as any person who is a natural or legally defined offspring, stepchild, spouse, sibling, grandchild, grandparent, or parent of the owner.

(Ord. No. 2021-002, 11-23-2021)