This article shall be known and may be cited as the subdivision ordinance of Louisa County, Virginia.

(a)

The purpose of this article is to establish certain subdivision standards and procedures for the county and such of its environs come under the jurisdiction of the governing body as provided by Code of Virginia, title 15.1, chapter 11, article 7 (§ 15.1-465 et seq.).

(b)

The provisions of this chapter are a part of a long range plan to guide and facilitate the orderly beneficial growth of the community and to promote the public health, safety, convenience, comfort, prosperity and general welfare. More specifically, the purpose of these standards and procedures is to provide a guide for the change that occurs when lands and acreage become urban in character as a result of development for residential, business or industrial purposes; to provide assurance that purchasers of lots are buying a commodity that is suitable for development and use; and to make possible the provision of public services in a safe, adequate and efficient manner. Subdivided land sooner or later becomes a public responsibility in that roads and streets must be maintained and numerous public services customary to urban areas must be provided. This chapter assists the community in meeting these responsibilities.

The zoning ordinance and zoning map shall control the type and intensity of use of all property within the county. Particular reference is made to minimum lot sizes, setback requirements, use restrictions, overlay districts, and other regulations as outlined in article II (the zoning ordinance).

This chapter is hereby adopted for the subdivision of land within the jurisdiction of the county. From and after December 7, 1966, every owner or proprietor of any tract of land to which these regulations apply who subdivides such tract as provided in this chapter shall cause a plat of such subdivision developed and prepared in accordance with this chapter, with reference to known or permanent monuments, to be made and recorded in the office of the clerk of the court wherein deeds conveying such land are required by law to be recorded.

The agent appointed by the governing body is hereby delegated to administer this article. In so doing, the agent shall be considered the agent of the governing body, and approval or disapproval by the agent shall ordinarily constitute approval or disapproval as though it were given by the governing body. The governing body reserves unto itself the right to review all decisions of the agent or the commission made in the administration of this article which, in its discretion, it shall deem necessary to the proper administration hereof.

(1)

Notice of appeal shall be filed in writing by the applicant in the office of the zoning administrator within 30 days of the date of disapproval by the agent, which notice shall state the name of the applicant/owner, a project narrative, and the reasons the applicant/owner alleges the agent's action to be improper. A copy of such notice shall be mailed forthwith by the appealing party to each of the members of the board of supervisors and the county attorney. The notice shall be signed by the applicant/owner or his representative.

(2)

After receiving notice of the appeal, the chairman of the board shall schedule a time for hearing on such appeal before the board, at which time the merits of the applicant/owner's request shall be considered by the board.

(3)

The administrator shall give five days' written notice to the developer and his representative of the time and place scheduled for the hearing.

Cross reference— Administration, Ch. 2

(a)

The agent shall perform its duties in regard to subdivisions or proposed subdivisions and subdividing of land in accordance with this chapter and the laws of the state pertaining thereto.

(b)

In the performance of its duties, the agent may call for opinions or decisions, either verbal or written, from other departments serving the county, whether state or local, and including particularly the highway engineer and the health officer.

(c)

In addition to the regulations contained in this chapter for the platting of subdivisions, the agent may from time to time establish any reasonable additional administrative procedures deemed necessary for the proper administration of this chapter, but subject always to the approval of the governing body.

A subdivider when advertising a subdivided tract of land for sale shall be specific as to the following items:

(1)

Whether officially approved water and sewage facilities are available or not.

(2)

The amount of officially approved water available to each lot purchaser in terms of gallons per day.

(3)

Whether roads are publicly or privately maintained.

Where the subdivider can show that a provision of the standards of this chapter 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 set forth. Any variance granted under this chapter shall have the written, expressed concurrence of the county official, highway engineer, or health official as may be required based on the nature of the variance requested. Such official is to be notified by the agent ten days prior to the approval of subdivision plat. Under the terms of this chapter, certain exceptions may be granted by the agent only after approval by the county planning commission.

State Law reference— Exceptions, Code of Virginia, § 15.1-466(B).

Real property which passes in the estate of a decedent and pursuant to which passage either a court ordered partition or a bona fide partition in kind by agreement occurs shall be exempted from the requirements of this chapter as to the original partition; except, that such division shall not create any parcel with less area than that required in the district in which the real property exists.

Cross reference— Article I and II Zoning, ch. 86.

(a)

A family subdivision shall meet all provisions of this chapter related to zoning, health requirements; but shall be exempt from other provisions of this chapter, provided it meets the following requirements:

(1)

An access way consisting of a ten-foot wide right-of-way or easement providing ingress and egress to a dedicated recorded public street or thoroughfare; provided that, if such access way serves more than three lots it shall be no less than 50 feet in width.

(2)

Unless otherwise constructed to meet standards eligible for addition to the secondary system of highways, access to such lots created by family subdivision shall be deemed to be privately maintained roads and the deeds and plats of such divisions shall include the language required under subsection 86-567(10)(g) of this chapter.

(3)

Only one such division in the county shall be allowed per immediate family member, and shall not be for the purpose of circumventing this subsection.

(4)

Each such division shall remain in the name of the qualified family member for a minimum of five years from the date of recordation, unless the lot is the subject of an involuntary transfer such as foreclosure, death, divorce, judicial sale, condemnation or bankruptcy.

(5)

Similar to the requirements of section 86-587, any lot created by family subdivision shall be required to include provisions for the dedication of right-of-way when the property is adjacent to a state road that is less than 50 feet in width; provided that, this requirement does not apply to a residual portion of the parent tract that is five or more acres and has a minimum of 400 feet of existing state road frontage.

(6)

For the purpose of this subsection, a member of the immediate family is defined as any person who is a natural or legally defined offspring, stepchild, spouse, sibling, grandchild, grandparent, aunt, uncle, niece, nephew or parent of the owner.

(7)

Such sale or gift may be made to include the immediate family member as defined in paragraph (6) above and the immediate family member's spouse but not the immediate family member's spouse alone.

(8)

Lots created by family subdivision would not count against the total number of lots allowed outside of a family division.

(b)

Procedure for family subdivision of property held in trusts. Property held by a trust may be divided as a family subdivision provided it meets the following requirements:

(1)

All trust beneficiaries must be immediate family members of one another, as defined in subsection (a)(6) of this section.

(2)

All trust beneficiaries must agree in writing that the property should be subdivided.

(3)

All purchasers or giftees of subdivided parcels must be immediate family members of beneficiaries of the trust, although they need not themselves be beneficiaries.

(4)

The beneficiaries must, simultaneously with recordation of the plat of subdivision, place a restrictive covenant on each such division, that would prohibit transfer of the property to a nonmember of the immediate family for a period of 15 years. Such restrictive covenant shall provide an exception in the case of condemnation and may contain exceptions for involuntary transfer such as foreclosure, death, divorce, judicial sale, condemnation or bankruptcy, provided that the holding period may not be reduced to less than the minimum holding period required by subsection (a)(4). If an exception is granted, the requester shall execute and deliver to a party in interest in recordable form a writing reflecting such modification, which writing shall be recorded in accordance with Code of Virginia, § 17.1-227.

(5)

The subdivision shall comply with the requirements of subsections (a) (1), (2), (3), (6), (7), and (8).

(Res. of 4-4-22(2022-5))

State Law reference— Code of Virginia, §§ 15.2-2241(A)(10), 15.2-2244, 15.2-2244.2.

Any parcel of land in Louisa County that is physically separated by a fee simple right-of-way, dedicated for federal, state or county purposes and use, shall be deemed as separated and constitute individual tax parcels, subject to the following conditions and provisions:

Every such parcel shall be recognized by the county subdivision agent and commissioner of the revenue, upon submittal of a plat by the owner or agent, prepared by a licensed surveyor, that meets the minimum plat requirements for a boundary survey and provides the boundaries and acreage of the newly created tax parcel; and identifies any recorded right-of-way or easement for access if the parcel does not front on a state maintained public street. Such split/noncontiguous parcels will not be created as separate individual tax parcels until such plat has been recorded in the circuit court clerk's office, after approval by the county agent.

If there is no recorded access to one or more portions of a split/noncontiguous parcel, the plat submitted to the county for approval must contain the following note:

"A recorded right-of-way or easement for ingress/egress purposes has not been confirmed or shown on this plat of survey to _________ parcel(s). By approval of this plat to recognize these split/noncontiguous parcels as separate tax parcels, the county does not confirm the existence of any legal access. The county also does not agree to provide or negotiate access or construct access improvements."

Where the fee simple right-of-way strip existed as of December 18, 1997, each portion of a split/noncontiguous parcel shall be considered a "parent parcel" for determining development potential and division rights, if applicable based on zoning.

It is acknowledged that the recognition of new tax parcels created in this manner, may not be in compliance with all regulations of the applicable zoning district related to minimum lot size, road frontage, lot width, lot width to depth ratio, etc. By creating these parcels, in the manner described, the board of supervisors considers those lots not in compliance with the applicable zoning regulations at the time of approval, to be legal nonconforming lots exempt from meeting the minimum lot requirements and applicable setback regulations.

For those lots created in this manner that comply with all minimum lot requirements of the applicable zoning district, (size, width, etc.), the lot shall be subject to all applicable zoning requirements for development purposes.

A building permit may be issued on all such split/noncontiguous parcels, contingent on the owner providing proof of legal access to the subject property, along an existing state road; recorded right-of-way; easement; or prescriptive use right-of-way, for access to the community development department; and meeting all other application requirements for issuance of the building permit.

(Ord. of 12-5-22(2022-17))

This division 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 commission for recommendation; and further provided that no such amendment shall be adopted without a public hearing having been held by the governing body. Notice of the time and place of the hearing shall have been given at least once a week for two weeks, and the last notice at least six days prior to the hearing.

State Law reference— Advertisement of ordinances, etc., Code of Virginia, § 15.1-431.

Any person violating the provisions of this article shall be subject to a fine of not more than $500.00 for each lot or parcel of land so subdivided, 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 provided in this chapter.

All fees required under the Louisa County Code of Ordinances, shall be paid at the time an application is filed with the department of community development.

Any owner or developer of any tract of land situated within the jurisdiction of the county who subdivides such tract of land shall cause a plat of such subdivision, with reference to known or permanent monuments, to be made and recorded in the office of the clerk of the circuit court of the county. No such plat of subdivision shall be recorded unless and until it shall have been submitted, approved and certified in accordance with the regulations set forth in this chapter. No lot shall be sold or conveyed in any such subdivision before the plat shall have been recorded.

Every plat shall be prepared by a surveyor or engineer, duly licensed and certified by the state, who shall endorse upon each plat a certificate signed by him setting forth the source of the title 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 by more than one source of title, the outlines of the several tracts shall be indicated upon such plat, with an inset block or by means of a dotted or dashed boundary upon the plat.

Every plat, or a deed of dedication to which the plat is attached, shall contain, in addition to the surveyor's or engineer's certificate, a statement to the effect that "the above and foregoing subdivision of (here insert the correct description of the land subdivided or the name given the subdivision and its location), as appears in this plat is with the free consent and in accordance with the desire of the undersigned owners, proprietors and trustees, if any" and shall be signed by the owners, proprietors and trustees, if any, and shall be duly acknowledged before some officer authorized to take acknowledgment to deeds, and when thus executed and approved as specified in this section, shall be filed and recorded in the office of the clerk of the circuit court of this county and indexed under the names of the landowners, proprietors and trustees, if any, signing such statement and under the name of the subdivision; provided, however, that if the plat is attached to and recorded with a deed of dedication of the subdivision duly signed and acknowledged for recordation by such owners, proprietors and trustees, if any, showing such desire and consent by them, such certificate shall not be required upon the face of the plat.

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

This chapter bears no relation to any private easement, covenant, agreement or restriction, nor is the responsibility of enforcing such private easements, covenants, agreements or restrictions implied in this chapter to any public official. When this chapter calls for more restrictive standards than are required by private contract, the provisions of this chapter shall control.

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.

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

The agent shall not approve the subdivision of land if, from adequate investigation 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.

(a)

Land subject to flooding and land deemed to be topographically unsuitable shall not be platted for residential occupancy, nor for such other uses as may increase dangers to health, life or property, or aggravate erosion or flood hazard. Such land, if any, within any 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.

(b)

The applicant for any subdivision of lots shall submit with his application a statement by a licensed surveyor or engineer as to whether or not any property in the proposed subdivision lies within the 100-year floodplain. When property lies within the 100-year floodplain, the extent of the floodplain shall be shown on the plat.

State Law reference— Flood control, Code of Virginia, § 15.1-466(A)(3).

All required improvements shall be installed by the subdivider at his cost. In cases where specifications have been established either by the state department of transportation for streets, curbs, gutters, etc., or by local ordinances, such specifications shall be followed. The subdivider's bond shall not be released until construction has been inspected and approved by the appropriate engineer. All streets shall be in accordance with the following requirements.

State Law reference— Release of bond, Code of Virginia, § 15.1-466(A)(14).

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. All street names shall be approved by the agent or agent's representative. The developer shall be responsible for all costs associated with the manufacturing and installation of signs for said streets, roads or lanes (public or private).

(1)

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 hardships 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 60 degrees, unless approved by the agent upon recommendation of the highway engineer.

(2)

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 such right-of-way at a distance suitable for an appropriate use of the land between such 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.

(3)

Approach angle. All streets shall intersect other streets at an angle not less than 80 degrees, unless the agent, upon recommendation of the highway engineer, shall approve a lesser angle of approach for reasons of contour, terrain or matching of existing patterns.

(4)

Construction requirements. All construction of streets, private roads or streets must comply with the requirements and specifications of the state department of transportation for subdivision streets, which may be found on file at the office of the resident engineer of the county department of highways. This includes all new internal subdivision streets for agricultural; residential; commercial; industrial; resort developments; or planned unit developments.

a.

All review for road plans and profiles; and inspections during road construction shall be conducted by an engineer or surveyor licensed in the State of Virginia.

b.

All plans and profiles shall be certified as meeting the requirements of the state department of transportation for subdivision streets. Security shall be posted with the county in an amount set by the board of supervisors in the most recent bonding policy document.

c.

During construction, it will be the responsibility of the developer to provide the county with a copy of all required testing and inspection reports.

d.

All costs associated with the plan review; inspections; and road certification will be the responsibility of the developer.

e.

Upon the completion of construction, as-built plans will be required from the developer's engineer as part of the final certification.

f.

All certifications shall be provided to the zoning administrator or county agent; and/or the roads accepted by the Virginia Department of Transportation, prior to release of security posted for said improvements.

g.

Prior to approval of any subdivision plats where a new internal subdivision street is proposed for acceptance into the state road system, a performance agreement and interim road maintenance agreement shall be provided for approval by the county attorney and must be recorded with the final subdivision plat. The performance agreement and interim road maintenance agreement must identify the responsible party for construction and continuing maintenance of the road improvements; and include the language found in subsections 86-567(10)g. and h. The performance agreement and interim road maintenance agreement shall remain in effect until the roads have been accepted by the Virginia Department of Transportation/Commonwealth Transportation Board.

h.

Prior to approval of any subdivision plats where a new internal subdivision street is proposed to remain private after approval of a private road waiver by the planning commission, a performance agreement and road maintenance agreement shall be provided for approval by the county attorney and must be recorded with the final subdivision plat. The performance agreement and road maintenance agreement must identify the responsible party for construction and continuing maintenance of the road improvements; and include the language found in subsections 86-567(10)g. and h.

i.

Dedication of rights-of-way for streets, alleys or other public use as shown on an approved and recorded subdivision plat; and the county's obligation to install or maintain any such facility, shall be as provided for in State Code section 15.2-2265.

Nothing in this section shall obligate the locality to install or maintain such facilities unless otherwise agreed to by the locality.

(5)

Cul-de-sac. Generally, minor terminal streets (culs-de-sac), designed to have one end permanently closed, shall be no longer than a length to be approved by the agent which meets the latest standards of VDOT for subdivision streets.

(6)

Alleys. Alleys should be avoided wherever possible. Dead-end alleys, if unavoidable, shall be provided with adequate turnaround facilities as determined by the agent.

(7)

Private streets and reserve strips. There shall be no private streets or private roads platted in any subdivision without the consent of the planning commission. There shall be no reserve strips controlling access to streets.

(8)

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.

(9)

Identification signs. Street identification signs of a design approved in accordance with signs and designs approved by the state department of transportation shall be installed at all intersections.

(10)

Private road design.

a.

Private road design, when permitted, shall be approved by the planning commission as well as be certified by the licensed land surveyor or engineer preparing the plans or plats for the division of land. The certification shall be made in writing to the zoning administrator prior to issuance of any building permits.

b.

Unless approved as an exception by the agent under section 86-529, and following approval by the county planning commission, no private road or street shall be permitted. No such exception shall be approved unless the planning commission finds that:

1.

The location and design of the road are such as to take best advantage of unusual topography or environmental conditions.

2.

Appropriate provisions are made for continuing maintenance as approved by the agent.

c.

All private roads shall be designed and constructed according to the subdivision street requirements of the state department of transportation.

d.

Reserved.

e.

The provisions of sections 86-609—86-616 shall apply to private roads, and a performance bond, as required by section 86-611, shall be required, with surety approved by the agent, and must be filed prior to plat recordation.

f.

The design and construction of private roads shall comply with the provisions of chapter 38, article II, of this Code.

g.

All plats, contracts of sale and deeds for a lot in a subdivision in which private lanes, roads or streets are allowed shall contain language which clearly discloses to a potential purchaser the following minimum information:

1.

The lot is served by a privately maintained road and will not be maintained by the state or county. Any costs necessary to bring the road to a condition qualifying it for acceptance as part of the secondary system of state highways shall be sustained from resources other than those administered by the state department of transportation and the county or any other public agency.

2.

School bus service is not provided by the county along private roads, lanes or streets;

3.

United States postal service is not provided along private roads, lanes or streets;

4.

The expense and responsibility for maintaining the roads within the development will be paid for and borne by the lot owners and/or developer, as the case may be; and

5.

It shall be the responsibility of the developer for the initial construction and subsequent maintenance, if any, of the roads. If the roads are to be maintained by a property owners association or other legal entity, the disclosure must clearly inform the buyer.

h.

All developers of private roads and private lanes must provide a suitable mechanism and procedure for maintaining the roads. A viable property owners association, membership in which is required of all lot owners, empowered to assess lot owners such sums of money as may be necessary (with delinquent lot assessments to constitute a lien against the applicable lot) to properly maintain the roads, shall be deemed satisfactory compliance with this section. Other mechanisms, procedures and/or organizations shall be permitted if the board of supervisors, or its designated agent, determines that such mechanisms, procedures and/or organizations will reasonably assure the lot owners of proper road maintenance.

(11)

Private lanes. Lots accessed by roads in subdivisions of less than three lots can be accessed by private lanes which do not meet VDOT subdivision street standards and are approved by the agent. Lots in subdivisions of less than three lots must have the minimum frontage requirements on a deeded access way or easement which is owned by the property owners association or developer or by the lot or parcel owners who are afforded access to their lots or parcels by such private lanes of such subdivision. A maximum of two separate private lanes shall be permitted in a subdivision. All plats describing lots served by private lanes shall include language found in subsections 86-587(10)g.1—3. Subdivision roads serving less than three lots shall be approved by the zoning administrator and shall meet the following minimum standards:

Road Minimum Standards

(Ord. of 1-7-2025(2025-1 meeting); Ord. of 6-16-2025(2025-9) meeting)

As required by this chapter, all monuments must be installed by the subdivider and shall meet the minimum specifications. Upon completion of subdivision streets, sewers, and other improvements required, 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 governing body. Surveys of all major subdivisions are required to be referenced to the Survey Control Monumentation of Louisa County established April 1994 by J.K. Timmons and Associates.

(1)

Same—Iron rod. All other lot corners shall be marked with iron rods not less than five-eighths-inch 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.

(a)

Prior to approval of a plat, the subdivider shall indicate whether the water to be provided to the lots within the subdivision will be provided by:

(1)

Connection to the county water authority system; subject to the requirements of section 86-44 and such other provisions as may apply.

(b)

Approval by the Virginia Department of Health is required for any proposed new water supply, when required by Virginia Department of Health Regulations.

Cross reference— Utilities, ch. 78.

State Law reference— Code of Virginia, §§ 15.2-2121; 15.2-2241(3); 15.2-2242(2).

(a)

Prior to approval of a plat, the subdivider shall indicate whether the sewer facilities to be provided to the lots within the subdivision will be provided by:

(1)

Connection to the county water authority system; or

(2)

Connection to an alternative or conventional onsite sewerage system meeting Virginia Department of Health Regulations.

(b)

For any new subdivision proposed to be located in a county water authority service area, a commitment letter will be requested by the subdivision agent as part of the agency review process.

(c)

If the county water authority issues a commitment letter pursuant to its rules and regulations, such subdivision must be connected to the authority's system.

(d)

If the county water authority does not issue a commitment letter for a subdivision:

(1)

Each residential use or unit must be served by an alternative or conventional onsite system.

(2)

For a subdivision lot proposed to have agricultural, civic, commercial, industrial, or miscellaneous uses, or for components of such uses within a master planned development in the RD or PUD districts, each lot may be served by any available sewer system, subject to the requirements of section 86-44 and such other provisions as may apply.

(e)

Approval by the Virginia Department of Health is required for any proposed new public or private sewer system when required by Virginia Department of Health Regulations.

(f)

Each individual lot within which there is to be constructed a conventional or alternative onsite sewage disposal system must include a 100 percent backup site for such system, subject to the approval of the Virginia Department of Health.

(g)

When a development is proposed to be served by a sewer system designed to have a point source discharge, regardless of its zoning district, use, or other classification, the county shall be notified in advance by the developer; and in addition to notification provided by any state or federal agency to adjoining or affected properties, the County shall also notify adjoining or affected properties (subject to the county's interpretation of the same) of the developer's intent. The developer shall bear the costs of these notifications.

(Ord. of 1-7-2025(2025-1 meeting))

State Law reference— Code of Virginia, §§ 15.2-2121; 15.2-2241(3); 56-265.1; 56-265.10 et seq.; 56-265.13:1 et seq.

(a)

The county water authority shall adopt rules and regulations providing for issuance of commitment letters for water and sewer service within its service areas.

(b)

Such rules and regulations shall be uniform and of general applicability and provide for issuance of a commitment letter for any new subdivision abutting or adjacent to the county water authority water and/or sewer systems. The terms "abutting" and "adjacent" shall be defined in such regulations. However, in no case may the term "adjacent" be defined to mean less than 200 feet from any water or sewer main.

(c)

For any new subdivision proposed to be located in a county water authority service area, a commitment letter will be requested by the subdivision agent as part of the agency review process.

(d)

If the county water authority issues a commitment letter pursuant to its rules and regulations, such subdivision must be connected to the authority's system.

(e)

If the county water authority does not issue a commitment letter for a subdivision:

(1)

For a subdivision proposed to have residential uses, each lot in such subdivision must be served by an onsite well and sewage disposal system.

(2)

For a subdivision proposed to have agricultural, civic, commercial, industrial, or miscellaneous uses, or for components of such uses within a master planned development in the RD or PUD districts, each lot may be served by any available water supply system

(f)

Connection to a county water authority water and/or sewer system within a certificated service area may not be refused except for valid, utility-related reasons.

(g)

When a development is proposed to be served by a sewer system designed to have a point source discharge, regardless of its zoning district, use, or other classification, the county shall be notified in advance by the developer; and in addition to notification provided by any state or federal agency to adjoining or affected properties, the county shall also notify adjoining or affected properties (subject to the county's interpretation of the same) of the developer's intent. The developer shall bear the costs of these notifications.

(Ord. of 1-7-2025(2025-1 meeting))

Lot size shall conform to the requirements of article II of this Code in effect at the time of the filing of the final plat.

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 certified engineer's or surveyor's statement that such improvements, when properly installed, will be adequate for proper development. The highway engineer shall then approve or disapprove the plans. The subdivider shall also provide any other information required by the highway engineer or the state health department.

Cross reference— Environment, ch. 38.

The installation of adequate fire hydrants in a subdivision at locations approved by the agent may be required, provided necessary public water is available. The agent shall consult with the proper authority before approving such location.

Cross reference— Fire prevention and protection, ch. 42.

(a)

Every subdivision plat must show necessary easements required by the Virginia Department of Transportation for the purposes of fills, drainage, or sight distance as required by the Virginia Department of Transportation. Such easements must be clearly identified on the plat as being dedicated for public use, and must identify the specific public use or uses thereof.

(b)

Easements of not less than ten feet in width, or of such other dimension as may be specified by the specifications and standards approved by a public service corporation or public body that owns the facilities, must be provided for water, sewer, power lines, and other utilities in the subdivision. Every subdivision plat must identify and depict the location and dimensions of easements and rights-of-way located within the subdivision, or any section thereof, in which there has been constructed or there is proposed to be constructed 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 locality, the commonwealth, or other public agency. The areas within such easements and rights-of-way must be identified as being dedicated for public use, and for each area, must identify the specific public use or uses thereof.

State Law reference— Code of Virginia, §§ 15.2-2241(A)(3); 15.2-2241(A)(5); 15.2-2241(A)(6).

Before any subdivision plat will be finally approved by the agent, the subdivider shall, in lieu of construction, furnish security to be approved by the governing body and county attorney, in an amount calculated by the agent to secure the required improvements in a workmanlike manner, and in accordance with specifications and construction schedules established or approved by the appropriate engineer, which security shall be payable to and held by the governing body. Such security may be posted in the form of a surety bond, letter of credit or cash escrow.

Letters of credit will only be accepted from financial institutions approved to do business in the Commonwealth of Virginia.

In order to ensure that sufficient security is maintained throughout project construction and completion; the security/guarantee shall renew every 24 months for the duration of the project. The guarantee shall increase or decrease by an amount equal to the most recent quarterly Construction Cost Index published by Engineering News-Record. This ensures that the estimated costs escalate as the Construction Cost Index escalates so that the security amount reflects the most current cost to perform the improvements.

In the case of default, the county shall follow the last policy adopted by the board of supervisors for liquidation of any security/guarantee held by the county. In no event, however, shall the county be bound to supplement the performance guarantee funds with other county funds in order to complete the improvements.

(Ord. of 6-16-2025(2025-9) meeting)

State Law reference— Release of bond, Code of Virginia, § 15.1-466(A)(14).

Five 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 surveyor and shall be submitted to the agent for approval or disapproval. 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 reasons for disapproval in writing. If the agent does not approve or disapprove such plans and specifications within 60 days from the date of submission to it, the subdivider shall have the right to appeal his case directly to the governing body for immediate consideration.

In addition to the area and width requirements as specified in section 86-572, lots shall be arranged in order that the considerations set out in this division are satisfied.

The lot arrangement, design and shape shall be such that lots will provide satisfactory and desirable sites for buildings, and 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 areas which would be unusable for normal purposes.

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 street rights-of-way are not 50 feet in width, the subdivider shall make such provisions on the subdivision plats and in a deed of dedication to the commonwealth as to permit the widening by such dedication of said roads or streets to a width of 50 feet.

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

Side lines of lots shall be approximately at right angles, or radial to the street line, except cul-de-sac terminal points, unless an approved variance results in an improved lot layout.

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

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 final plat and the deed, and they both shall then be recorded together.

Lots intended for business or industrial use shall be designed specifically for such purposes with adequate space set aside for off street parking and delivery facilities.

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

Generally, the maximum length of blocks shall be 1,200 feet.

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.

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

(a)

Whenever any subdivision of land is proposed, the subdivider or his agent shall apply in writing to the agent for the approval of the subdivision plat and submit 17 copies of the preliminary plat including the lot, street and utilities layout. No lot shall be sold or conveyed until a final plat for the subdivision shall have been approved and recorded in the manner described in this section.

(b)

The subdivider may, if he so chooses, submit to the agent a preliminary sketch of the proposed subdivision prior to his preparing engineered 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 chapter. The agent may submit any preliminary sketch to the commission, who 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 marked sketch shall be submitted to the commission with the preliminary plat. The preliminary sketch shall be as follows:

(1)

It 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 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.

(2)

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 information purposes and is not binding on the subdivider or the governing body.

(c)

Minor subdivisions shall be approved by the agent.

The subdivider shall present to the agent five 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, surveyor or engineer, date of drawing, number of sheets, north point and scale. If true north is used, method of determination must be shown.

(2)

The boundary survey or existing survey of record, provided such survey shows a closure with an accuracy of not less than one in 2,500, 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.

(3)

All existing, platted and proposed streets, their names, numbers and widths; existing utility or other easements.

(4)

A location map tying the subdivision into the present road system, either by aerial photographs or topographic maps of the United States Department of Interior.

(5)

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

(6)

A contour map of the entire subdivision, at five-foot contour intervals, will be submitted to the agent.

(7)

All subdivision plats shall bear the following note: "This property (does or does not) lie in a HUD flood hazard area in accordance with FEMA's National Flood Hazard Layer.

(8)

Setback, side and rear yard requirements as defined in this chapter.

(9)

Location of an adequate building site, proposed well, proposed drainfield and 100 percent reserve area for septic or alternative wastewater systems as approved by the state department of health.

State Law reference— Drainage and flood control, Code of Virginia, § 15.1-466(A)(3).

(a)

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 this chapter and of the zoning ordinance. If the plat conforms to the requirements of the chapter, it shall be forwarded to the appropriate state agency or agencies for review.

(b)

In accordance with Code of Virginia, § 15.2-2260 any state agency making a review of a plat forwarded to it under this section, including, without limitation, the state department of transportation, shall complete its review within 45 days of receipt of the preliminary plat. The state department of transportation shall allow use of its public rights-of-way for placement of utilities by permit when practical and shall not unreasonably deny plat approval. If a state agency does not approve the plat, it shall comply with the requirements, and be subject to the restrictions, set forth in Code of Virginia § 15.2-2259A with the exception of the time period therein specified. Upon receipt of the approvals from all state agencies, the local agent shall act upon a preliminary plat within 35 days.

(c)

If the agent does not approve the preliminary plat, the agent shall set forth in writing the reasons for such denial and shall state what corrections or modifications will permit approval by him. However, the agent shall not be required to approve a preliminary subdivision plat in less than 60 days from the date of its original submission to him, and all actions on preliminary subdivision plats shall be completed by the agent and, if necessary, state agencies, within a total of 90 days of submission of the proposed plat.

(d)

If the agent fails to approve or disapprove the preliminary plat within 90 days after it has been officially submitted for approval, the subdivider after ten days' written notice to the agent, may petition the circuit court for the locality in which the land involved, or the major part thereof, is located to enter an order with respect thereto as it deems proper, which may include directing approval of the plat.

(e)

Any person aggrieved by the disapproval of a subdivision plat by the agent, may demand a review of the site plan by the governing body. Such demand shall be made by filing a request therefore in writing with the county administrator within ten calendar days of the date of such decision. The appeal shall be placed on the agenda of the Board of Supervisors at its next regular meeting. The governing body may affirm, reverse or modify, in whole or in part, the decision of the agent. In so doing, the governing body may consider such other evidence as it deems necessary for a proper review of the plat. For purposes of this section, the term "person aggrieved" shall be limited to the applicant, persons required to be notified pursuant to this article, and any interested governmental agency or officer thereof. Failure of any party to request an appeal to the governing body shall not be deemed a failure to exhaust administrative remedies, if the aggrieved person chooses to appeal the decision of the agent directly to the circuit court.

(f)

If the agent disapproves a preliminary 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 having jurisdiction of such land 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 60 days of the written disapproval by the agent.

(g)

The subdivider shall then be advised in writing within 60 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 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 agent, with the consent of the governing body, 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.

Once a preliminary subdivision plat is approved, it shall be valid for five years, provided the subdivider:

(1)

Submits a final subdivision plat for all or a portion of the property within one year of such approval; and

(2)

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.

No sooner than three years following preliminary subdivision plat approval, and upon 90 days written notice by certified mail to the subdivider, the commission or subdivision agent may revoke such approval upon specific finding of facts that the subdivider has not diligently pursued approval of the final subdivision plat.

The subdivision plat submitted for final approval by the agent or planning commission and subsequent recording shall be clearly and legibly drawn in ink at a scale of 100 feet to the inch, or the discretion of the agent, on sheets having such size or dimensions as the clerk of the court wherein deeds are recorded shall, upon request of the subdivider or his certified surveyor or engineer, from time to time direct, so that the plat may conform or be recorded in his then current plat book without folding, cutting or trimming, and shall include the following:

(1)

Reserved.

(2)

Certificates signed by the 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; provided, however, that if the plat is accompanied by a deed of dedication duly signed and properly acknowledged for recordation by such owners, proprietors and trustees, setting forth such statement, then and in that event the statement in the deed of dedication shall suffice.

(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 dash-lines, and 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 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, 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 such boundaries.

(6)

Distances and bearings must balance and close with an accuracy of not less than one in 10,000.

(7)

The data of all curves along the street frontage 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.

(8)

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

(9)

A profile or 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 at points of major grade change along the centerline of streets, together with proposed grade lines connecting

(10)

A 100-year floodplain, as defined by FEMA, shall be shown on the final subdivision plat whenever a drainage way with a contributing watershed of 50 acres or greater falls within the limits of a proposed subdivision.

(11)

The engineer/surveyor shall provide the county with a digital copy of the subdivision plat in DXF file.

(12)

Setback, side and rear yard requirements as defined in this chapter.

(13)

Location of an adequate building site, proposed drain field and 100 percent reserve area for septic or alternative wastewater systems as approved by the state department of health.

(14)

The final plat shall include a note identifying if the proposed drain field and 100 percent reserve area required for each lot, in subsection (13) above, is approved as a conventional or alternative system.

(15)

All plats, contracts of sale and deeds for a lot in a subdivision with a new internal subdivision street shall contain the following language which clearly discloses to a potential purchaser the following minimum information:

a.

Until such time as all new internal streets shown on this plat have been accepted into the state secondary road system, the lots are served by a privately maintained road and will not be maintained by the state or county. Any costs necessary to bring the road to a condition qualifying it for acceptance as part of the secondary system of state highways shall be sustained from resources other than those administered by the state department of transportation and the county or any other public agency.

b.

School bus service is not provided by the county along private roads, lanes or streets;

c.

United States postal service is not provided along private roads, lanes or streets;

d.

The expense and responsibility for maintaining the roads within the development will be paid for and borne by the lot owners and/or developer, as the case may be; and

e.

It shall be the responsibility of the developer for the initial construction and subsequent maintenance, if any, of the roads. If the roads are maintained by a property owners association or other legal entity, the disclosure must clearly inform the buyer.

(16)

All plats must contain a note stating, "Entrance locations to each lot shown on this subdivision plat require approval by the Virginia Department of Transportation (VDOT) at the time the entrance permit is applied for through VDOT."

(17)

Where a final plat submitted under section 86-587 (location) proposes no improvements other than those covered under VDOT's Lot Entrance Permit Application and solely provides for the dedication of right-of-way sufficient to achieve a 50-foot total width along an existing public road, such plat shall not require review or approval from the Virginia Department of Transportation (VDOT) prior to approval by Louisa County. A plat note shall be included stating: "Right-of-way dedication only; no improvements proposed other than those covered under VDOT's Lot Entrance Permit Application. VDOT entrance permit required prior to zoning or building permit issuance."

(Ord. of 1-7-2025(2025-1 meeting); Ord. of 6-16-2025(2025-9) meeting)

(a)

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

(b)

The complete stormwater 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.

(c)

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

(d)

A profile or 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 at points of major grade change along the centerline of streets, together with proposed grade lines connecting therewith.

(e)

Proposed soil and erosion and sediment control plan.

(a)

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 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 agent shall act upon any proposed plat within 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 therefore. The reasons for disapproval shall identify the deficiencies in the plat that cause the disapproval by reference to specific duly adopted ordinances, regulations, or policies and shall identify modifications or corrections as will permit approval of the plat. Deficiencies shall be noted on the plat or on a separate document. The agent shall act on any proposed plat that has been previously disapproved within 45 days after the plat has been modified, corrected and resubmitted for approval.

(c)

If the agent fails to approve or disapprove the plat within 60 days after it has been officially submitted for approval, or within 45 days after it has been officially resubmitted after a previous disapproval, the subdivider, after 10- days written notice to the agent, may petition the circuit court for the locality in which the land involved, or the major part thereof, is located, to decide whether the plat should or should not be approved. The court shall give the petition priority on the civil docket, hear the matter expeditiously in accordance with the procedures prescribed in the Code of Virginia, article 2 (§ 8.01-644 et seq.) of chapter 25 of title 8.01 and make and enter an order with respect thereto as it deems proper, which may include directing approval of the plat.

(d)

If the 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 having jurisdiction of such land 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 60 days of the written disapproval by the agent.

(e)

The subdivider shall record the final plat within six months after final approval; otherwise, the agent shall mark his copy of such plat "void" and file this void copy with the county clerk, who shall refuse to record the subdivider's plat. 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 board of supervisors, the planning commission, or the subdivision 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 the plat recordation shall be extended to one year after final approval.

(f)

Any plat that is accepted by the clerk of the circuit court or his representative for recordation, which has not been marked as approved by the subdivision agent, shall be considered null and void even though recorded.

(a)

In accordance with Code of Virginia, § 15.2-2261, a recorded final plat shall be valid for five years from the date of approval.

(b)

Prior to the expiration of a recorded plat, the subdivider or developer may apply to the commission or the agent for one or more extensions of such approval for additional periods or agent may, at the time the extension is granted, determine to be reasonable, taking into consideration the size and phasing of the proposed development, the laws, ordinances and regulations in effect at the time of the request for an extension.

If the commission or agent denies an extension requested as provided herein, and the subdivider or developer contends that such denial was not properly based on the ordinance from which this section is derived, or the above outlined considerations for granting an extension, or was arbitrary or capricious, he may appeal to the circuit court having jurisdiction of the land subject to the recorded plat, provided that such appeal is filed within 60 days of the written denial by the commission or agent.

(c)

During the five-year period a recorded plat remains valid, no change or amendment to the comprehensive plan, zoning ordinance or subdivision ordinance shall adversely affect the right of the subdivider or developer or his successor in interest to commence and complete an approved development in accordance with the lawful terms of the recorded plat unless the change or amendment is required to comply with state law, or there has been a mistake, fraud, or a change in circumstances substantially affecting the public health safety or welfare.

(d)

Plats may be vacated in accordance with Code of Virginia, § 15.2-2271, after five years from the date they are recorded if no significant improvement on the property has been made and no extension has been granted by the commission or agent.

(e)

Any recorded plat or part thereof, may be vacated pursuant to the provisions of Code of Virginia, §§ 15.2-2270, 15.2-2271, or 15.2-2272 et seq., as applicable.

Plats vacated in accordance with Code of Virginia, §§ 15.2-2270, 2271 and 2272 shall be subject to all lawful effects of vacation under those sections and shall be identified hereto by subdivision name, tax map parcel; deed book and page; date of recordation of final plat; date of vacation of subdivision by ordinance and resolution number:

(1)

Stoney Creek Subdivision; TMP 84-(21)-A, 84-(21)-1 through 84-(21)- 18 and road right-of-way; Deed Book 1115 and Page 210; Plat Book 8 and beginning at Page 2511; Recorded in the Louisa County Circuit Court Clerk's Office February 14, 2008; Vacated by ordinance and resolution number RES-2011-222 on October 17, 2011.

(2)

Rosewood Subdivision, identified as TMP 84-(22)-1 through 84-(22)-38 and road right-of-way; Recorded in Plat Book 8 beginning at Page 2615; Recorded in the Louisa County Circuit Court Clerk's Office on February 6, 2009. Vacated by ordinance and resolution number RES-2012-199 on October 15, 2012.

(3)

Lonesome Oak Subdivision identified as TMP 44-(23)-1 through 44- (23)-16 and road right-of-way; recorded in Plat Book 8 beginning at Page 2317-2318; Recorded in the Louisa County Circuit Court Clerk's Office on February 21, 2007. Vacated by ordinance and resolution number RES-2013-199 on October 7, 2013.

(4)

Landon's Crossing Subdivision identified as TMP 84-(24)-1 through 84- (24)-18, 84-(24)-A and 84-(24)-B and road right-of-way; recorded in Plat Book 8 beginning at Page 2566-2569; in the Louisa County Circuit Court Clerk's Office on August 22, 2008. Vacated by ordinance and resolution number RES-2014-37 on February 3, 2014.

If a subdivider records a final plat which may be a section of a subdivision shown on an approved preliminary plat and furnishes to the governing body a certified check, cash escrow, bond or letter of credit in the amount of the estimated cost of construction of the facilities to be dedicated within said section for public use and maintained by the county, the commonwealth, or other public agency, the subdivider shall have the right to record the remaining sections shown on the preliminary plat for a period of five years from the recordation date of the first section. The planning commission or subdivision agent may approve a longer period of time for recording the remaining sections. In granting additional time, the planning commission or subdivision agent shall determine what amount of additional time is reasonable, taking into consideration the size and phasing of the proposed development. However, if additional time is granted, any previously unrecorded section shall be subject to the terms and conditions of this chapter and subject to engineering and construction standards and zoning requirements in effect at the time it is recorded.