This chapter is adopted for the purpose of protecting and promoting the public health, safety, and general welfare in the city and accomplishing the goals, objectives, and strategies of the comprehensive plan. The chapter is established in accordance with the requirements of Chapter 22 of Title 15.2 of the Code of Virginia.

(Ord. No. O-2017-01, § 1, 8-22-2016; Ord. No. O-2021-07, § 1, 1-11-2021)

(a)

This chapter and the various parts, sections, subsections, and clauses thereof, are declared to be severable. If any part, sentence, paragraph, subsection, section, or clause is adjudged unconstitutional or invalid, it is provided that the remainder of the chapter shall not be affected thereby. If any part, sentence, paragraph, subsection, section, or clause is adjudged unconstitutional or invalid as applied to a particular property, building, or other structure, it is provided that the application of such portion of the chapter to other property, buildings or structures shall not be affected thereby. Whenever any condition or limitation is included for a special use permit, variance, zoning certification or permit, rezoning, certificate of use or occupancy, or site plan or subdivision approval, it shall be conclusively presumed that the authorizing officer, board, or body considered such condition or limitation necessary to carry out the spirit and purpose of this chapter or the requirement of some requirement hereof, and to protect the public health, safety, and welfare, and that the officer, board, or body would not have granted the authorization to which the condition or limitation pertains except in the belief that the condition or limitation was lawful.

(b)

The Zoning Ordinance of the City of Manassas was adopted on June 15, 1999, with the adoption of Chapter 130 of the Code of Manassas and the repeal of the prior zoning ordinance.

(c)

The amendment of this chapter shall not be construed as abating any legal action pending as of the date of amendment under, or by virtue of, the prior existing zoning ordinance, 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 city under any section or requirement existing on the date of amendment of this chapter or as vacating or annulling any rights obtained by any person, by lawful action of the city, except as specifically provided for in this chapter.

(d)

Except as may be otherwise provided upon adoption, all requirements of this chapter shall apply to every application for any permit, approval, or other decision pending upon the date of amendment of this chapter, unless the landowner secures a determination of development rights, or has been determined to be vested by the final order of a court of competent jurisdiction, under requirements repealed upon the adoption of this chapter.

(e)

The amendment of this chapter does not affect the zoning classification of any property under the zoning map of the prior zoning ordinance, as amended, except as provided by the ordinance amending this chapter, or by ordinance adopted concurrently therewith.

(Ord. No. O-2017-01, § 1, 8-22-2016)

Whenever requirements imposed by this chapter are either more or less restrictive than requirements imposed by any governmental authority through legislation, rule, or regulation, the requirements which are more restrictive or which impose higher standards or requirements shall govern. Regardless of any other requirement of this chapter, no land shall be used and no structure erected or maintained in violation of any state or federal pollution control or environmental protection law or regulation. If any section of this chapter incorporates by reference any state statute or regulation, then the ordinance incorporates future amendments to the statute or regulation.

(Ord. No. O-2017-01, § 1, 8-22-2016)

Notwithstanding section 130-3, whenever any requirement regarding zoning or subdivision imposed by this chapter is in conflict with the requirements of the Design and Construction Standards Manual (DCSM), this chapter shall control. The DCSM shall be the primary regulating document for all technical requirements relating to construction standards for materials and design, plan processing, and waiver of those technical requirements as provided for within the DCSM.

(Ord. No. O-2017-01, § 1, 8-22-2016; Ord. No. O-2021-07, § 1, 1-11-2021)

(a)

On and after June 15, 1999, no building shall be erected and no existing building shall be moved, altered, added to, or enlarged, nor shall any land or building be used, designed or arranged to be used for any purpose other than as included among the uses listed in the following articles as permitted in the district in which such building or land is located, nor in any manner contrary to any other requirements specified in this chapter, as amended.

(b)

The requirements listed in the following articles for each district are adopted and prescribed for each district and, unless otherwise noted, shall be deemed to be the minimum requirements in every instance of their application, subject to the requirements of other articles of this chapter.

(Ord. No. O-2017-01, § 1, 8-22-2016)

The incorporated territory of the city is divided into zoning districts as set forth and indicated on a map entitled "zoning map". The official zoning map, properly identified and dated, is adopted as a part of this chapter insofar as it indicates such designations, locations and boundaries, and the same shall be deemed to be as much a part of this chapter as if the information set forth on such map were fully described and incorporated in this chapter.

(Ord. No. O-2017-01, § 1, 8-22-2016)

(a)

The city manager shall appoint a zoning administrator to interpret, administer, and enforce the requirements of this chapter. The zoning administrator may designate a deputy zoning administrator or other designees to assist in these duties.

(b)

The zoning administrator shall be responsible for the interpretation and administration of this chapter and for investigating all complaints of violations of this chapter, and shall have all necessary authority on behalf of the city to enforce this chapter to ensure compliance herewith, including the issuance of violation notices, injunctions, abatement, or other appropriate legal proceeding.

(c)

The zoning administrator shall issue all permits required to be issued by this chapter, including zoning certifications issued pursuant to section 130-63.

(d)

The zoning administrator shall issue written zoning verifications for specific parcels, including verifications of nonconforming uses, structures, or lots, upon a written request and payment of a filing fee in accordance with a fee schedule established by an uncodified ordinance enacted by the city council, as amended.

(e)

The zoning administrator shall issue written interpretations of this chapter and the zoning map (see also section 130-9), upon a written request and payment of a filing fee in accordance with a fee schedule established by an uncodified ordinance enacted by the city council, as amended. This shall include determinations of vested rights issued pursuant to section 130-166.

(f)

Any written notice of a zoning violation or a written order, verification, certification or interpretation of the zoning administrator shall inform the recipient of the right to appeal in accordance with the requirements of the state code and this chapter. It shall also state that the zoning administrator's decision shall be final and unappealable if not appealed within 30 calendar days.

(Ord. No. O-2017-01, § 1, 8-22-2016)

The official zoning map serves at the time of adoption of the ordinance from which this chapter is derived as the best and most practical implementation of land use objectives of the city and supersedes all zoning maps in existence at the time of enactment of this chapter. The official zoning map shall be identified to include the official map, rezoning case files as created in the rezoning of specific land area, and proffered conditions included in the official zoning proffer book.

(Ord. No. O-2017-01, § 1, 8-22-2016)

(a)

Where, due to the scale, lack of detail, or illegibility of the official zoning map or the absence of a metes and bounds description in the adopting ordinance or where there is any uncertainty, contradiction, or conflict as to the intended location of any zoning district boundary as shown thereon, the zoning administrator shall make an interpretation of the map, upon written request of any person and payment of a filing fee in accordance with a fee schedule established by an uncodified ordinance enacted by the city council, as amended. Any person aggrieved by any such interpretation may appeal such interpretation to the board of zoning appeals (BZA). The zoning administrator, and the BZA, in interpreting the zoning map or deciding any appeal, shall apply the following standards:

(1)

Zoning district boundary lines are intended to follow lot lines, or be parallel or perpendicular thereto, or along the centerlines of alleys, streets, rights-of-way or watercourses, unless such boundary lines are fixed by dimensions shown on the zoning map and included in a metes and bounds description attached thereto and made a part thereof.

(2)

Where zoning districts boundary lines are so indicated that they approximately follow lot lines, such lot lines shall be construed to be such boundary lines.

(3)

Where a zoning district boundary line divides a lot, the location of any such zoning district boundary line, unless indicated by the metes and bounds dimensions shown on the zoning map, shall be determined by the use of the map scale shown thereon.

(4)

If, after the application of the foregoing rules, uncertainty still exists as to the exact location of a zoning district boundary line, the boundary line shall be determined in a reasonable manner, considering the history of uses of the property and the history of zoning ordinances and amendments in the city as well as all other relevant facts.

(b)

Where there is any uncertainty, contradiction, or conflict as to the intended application of any proffer associated with a zoning amendment, the zoning administrator shall make an interpretation of such proffer upon written request of any person and payment of a filing fee in accordance with a fee schedule established by an uncodified ordinance enacted by the city council, as amended. Any person aggrieved by any such interpretation may appeal such interpretation to the city council.

(Ord. No. O-2017-01, § 1, 8-22-2016)

(a)

Whenever property shall be added to the territorial jurisdiction of the city by annexation or otherwise, and pending the orderly amendment of this chapter to apply thereto, to assure stability, continuity, compatibility, and orderly transition, the temporary application of this chapter to such property shall be in accordance with existing districts within this chapter. Based on the size of the parcel and the current use, the following zoning districts shall be assigned:

(1)

R-1, low-density, single-family residential. Any parcel greater than one acre and either vacant or used primarily for residential purposes.

(2)

R-2, moderate density, single-family residential. Any parcel one acre or less in size and either vacant or used primarily for residential purposes.

(3)

B-1, business office. Any parcel of any area used primarily for an office use.

(4)

B-4, general commercial. Any parcel of any size used primarily for any commercial, assembly, or institutional use not otherwise specified in this section.

(5)

I-1, light industrial. Any parcel of any size used primarily for a use permitted only in an industrial district, other than an airport related use.

(6)

I-A, airport. Any parcel of any size used primarily for airport related use.

(b)

The city shall bring to the planning commission, within six months of addition of property to the territorial jurisdiction of the city, a proposed zoning map amendment consistent with the comprehensive plan.

(Ord. No. O-2017-01, § 1, 8-22-2016)

This division is adopted to establish requirements for site plan submission, review, and compliance with all city land development requirements. The purpose of a site plan is to ensure compliance with the applicable requirements of this chapter, the DCSM, and other applicable state laws. In addition, this division is adopted to identify specific development requirements considered by the city council necessary to promote the welfare and safety of the city that may not otherwise be referenced in the DCSM. This division shall designate and establish the responsibilities of the city and other agencies for site plan processing, fee requirements, and review and approval. This division also is intended to provide a system to ensure compliance with approved site plans, including the requirements for performance and construction bonds, and to establish enforcement authority and penalties for violations of this article and the DCSM.

(Ord. No. O-2017-01, § 1, 8-22-2016)

(a)

No permit shall be issued authorizing the use, change of use, occupancy, construction, improvement, or repair of any land, building, or structure for which a site plan is required until a site plan has been approved; and no final certificate of use or occupancy shall be issued for use of any land, building, or structure until the city certifies that the development is in accordance with the approved site plan.

(b)

A site plan or site plan amendment is required for any new use and for all construction, reconstruction, additions, alterations, and changes of use of any property located in any zoning district, except:

(1)

Any new use, change of use, or building alteration with an approved site plan where existing site improvements meet the requirements of this chapter;

(2)

Any reconstruction, addition, or alteration to a single-family detached dwelling unit where the area of land disturbance is less than 1,200 square feet;

(3)

Any reconstruction, addition, alteration, or construction of an accessory structure to a single-family detached dwelling unit where the area of land disturbance is less than 1,200 square feet; or

(4)

Agricultural and silvicultural uses in the A-1 zoning district.

(Ord. No. O-2017-01, § 1, 8-22-2016)

In order to ensure public safety, general welfare, and convenience, the following improvements shall be required and shown on all site plans and in accordance with all requirements of this chapter and the DCSM:

(a)

Provisions for safe and efficient traffic circulation and control on the site, off-street parking, and access to adjacent sites, sidewalks, and public rights-of-way.

(b)

Screening, fences, walls, or other vertical barriers.

(c)

Easements or rights-of-way for all facilities to be publicly maintained.

(d)

Dedication or reservation of land and construction of streets and service roads.

(e)

Utilities including, but not limited to, potable water, sanitary sewer, electric, and stormwater management systems.

(f)

Barriers and buffers to restrict vehicle encroachment on pedestrian travelways and lot lines.

(g)

Appropriate fire lanes and travelways to provide for emergency access to all occupied areas of the site.

(h)

Temporary and permanent erosion and sedimentation control measures.

(i)

Curbs, gutters, and sidewalks.

(j)

A landscape plan showing compliance with buffer, screening, tree canopy, and open space requirements of this chapter, showing the general location and type of heritage, memorial, or specimen trees as defined in City Code section 122-31 located within the limits of the planned development area, and showing the planting or replacement of landscaping.

(k)

Adequate provisions for refuse disposal and screening of refuse collection areas.

(l)

Provisions for adequate site lighting.

(Ord. No. O-2017-01, § 1, 8-22-2016)

Site plans shall be classified as major site plans, minor site plans, or lot grading plans in accordance with the DCSM.

(Ord. No. O-2017-01, § 1, 8-22-2016)

Site plans or any portion thereof involving engineering, architecture, or land surveying shall be prepared and certified by the appropriate authorized professional as required under the DCSM. All site plans shall be processed and reviewed in conformance with the DCSM.

(Ord. No. O-2017-01, § 1, 8-22-2016)

At the discretion of the land owner or developer, whenever a proposed development involves the construction of new streets, water, or sewer lines, or where three or more lots or parcels of land are involved, a preliminary site plan may be submitted. Such plan shall be reviewed and approved in accordance with the DCSM.

(Ord. No. O-2017-01, § 1, 8-22-2016)

At the time of filing of any site plan, a filing fee shall be paid in accordance with the fee schedule established by an uncodified ordinance enacted by the city council, as amended.

(Ord. No. O-2017-01, § 1, 8-22-2016)

(a)

Prior to issuance of permits for construction, the owner or developer shall execute an agreement to construct such required physical improvements as are located within public street rights-of-way or easements, or as connected to any public facility, in form and substance as approved by the city, together with a corporate surety bond acceptable to the city attorney and processed for approval in accordance with the DCSM.

(b)

The city council may elect to require the additional posting of other surety bonds for landscaping, private parking lot improvements, or other private on-site elements of a site plan, when it is deemed appropriate to ensure the improvements as required by this chapter are installed in a timely manner and are necessary for the public welfare of the community, or consistent with approved proffered development. Such bonds shall be processed in accordance with the bonding policy as outlined in the DCSM.

(c)

An erosion control agreement and bond shall also be provided as required by the erosion and sedimentation control ordinance, as codified in Chapter 58 of this Code, as amended, and the DCSM.

(Ord. No. O-2017-01, § 1, 8-22-2016)

The approval of a site plan submitted under the requirements of this article shall expire five years after the date of such approval, unless:

(a)

Construction permits have been obtained in accordance therewith and all construction permits remain valid; or

(b)

A final occupancy permit is obtained in accordance with the DCSM certifying that the site has been developed in accordance with the approved site plan.

(Ord. No. O-2017-01, § 1, 8-22-2016)

As-built plans shall be submitted and approved by the city where required by the DCSM.

(Ord. No. O-2017-01, § 1, 8-22-2016)

It shall be unlawful for any person to construct, erect, alter, or use any building or structure, or develop, change, or improve land for which a site plan is required, except in accordance with the approved site plan.

(Ord. No. O-2017-01, § 1, 8-22-2016)

(a)

Any site plan may be revised or amended in the same manner as originally approved.

(b)

Before making any substantial change to the uses or improvements shown on an approved site plan, the applicant shall submit a revised site plan in accordance with the DCSM.

(c)

The city may administratively approve non-substantial revisions to an approved site plan if city requirements are not affected. The applicant shall be responsible for providing parking tabulations and other reports, or calculations necessary to show that the revisions are non-substantial.

(Ord. No. O-2017-01, § 1, 8-22-2016)

(a)

The purpose of this division is to ensure the orderly subdivision and development of land in the city as provided in the Code of Virginia, § 15.2-2240. More specifically, it is intended to:

(1)

Protect public interests in subdivisions by ensuring permanence of development; making possible the safe, adequate and efficient provision of services to subdivision residents; preventing blight; protecting the tax base; and providing the city with clear and accurate descriptions and records of subdivided land for assessment purposes;

(2)

Guide and protect the investments of lot purchasers, home buyers, and their mortgage lenders by providing standards for development, a graphic picture of the ultimate character of a subdivision, and accurate boundary lines; and

(3)

Protect the interest of subdividers by prohibiting improperly located subdivisions and discouraging competition from poorly designed or developed subdivisions.

(b)

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

(c)

Administration and enforcement. Except as provided in the Code of Virginia, § 15.2-2255, pertaining to public improvements, the zoning administrator, or such other person as may be designated in writing by the city manager from time to time, shall be the subdivision agent responsible for administration and enforcement of this division.

(d)

Amendment. The planning commission shall prepare and recommend to the city council, on its own initiative or by request of the city council, the subdivision ordinance and any amendments. The notice, publication and public hearing shall all be conducted in accord with Division 4 of Article IX of this chapter and the Code of Virginia, §§ 15.2-2251 and 15.2-2253. In no instance shall an amendment be adopted by the city council without first seeking the recommendation of the commission. If no recommendation is made by the commission the city council may act at any time after 60 days from their request to the commission.

(e)

Penalty for violation of division. No person shall subdivide land without making and recording a plat of the subdivision and without fully complying with the requirements of this division, any applicable requirements of Chapter 22 of Title 15.2 of the Code of Virginia, and the standards and guidelines for plats as adopted pursuant to the Virginia Public Records Act.

(1)

No plat of any subdivision shall be recorded unless and until it has been submitted to and approved by the subdivision agent.

(2)

No person shall sell or transfer any land of a subdivision, before a plat has been duly approved and recorded as provided herein, unless the subdivision was lawfully created prior to the adoption of a subdivision ordinance applicable thereto. However, nothing herein contained shall be construed as preventing the recordation of the instrument by which such land is transferred or the passage of title as between the parties to the instrument.

(3)

Any person who violates any of the requirements of this division shall be guilty of a misdemeanor, punishable by a fine of not more than $500.00 for each lot or parcel of land so subdivided, transferred or sold, and shall be required to comply with all requirements of this division.

(4)

No clerk of any court shall file or record a plat of a subdivision required by this division to be recorded until the plat has been approved as required herein.

(f)

Exceptions and modifications. Where a subdivider can show that strict adherence to a requirement of this division would result in substantial injustice or hardship, or where an unusual situation exists because of topographical or other conditions peculiar to the site proposed for subdivision, and where in the opinion of the subdivision agent a departure may be made without destroying the intent of such requirement, the agent may authorize an exception or modification of the requirement. Any exception or modification thus authorized is required to be entered in writing on to the plat with a note; included with the plat note shall be a statement of the justification for the departure.

(Ord. No. O-2021-07, § 1, 1-11-2021)

(a)

Review fees. Upon filing of subdivision plans, a fee shall be paid in accordance with the fee schedule established by an uncodified ordinance enacted by the city council, as amended.

(b)

Inspection fees. At the time of filing an application for a permit for construction of physical improvements in a subdivision, exclusive of building construction, a fee shall be paid in accordance with the fee schedule established by an uncodified ordinance enacted by the city council, as amended.

(c)

Performance guarantee. After approval of a subdivision plan and prior to issuance of permits for construction, the owner, developer, or their agent shall execute and submit an agreement to construct such legally required site and subdivision physical improvements that will be dedicated pursuant to section 130-32(c), in form and substance as approved by the city, together with a certified check, cash escrow, bank or savings institution's letter of credit or personal, corporate or property bond with surety acceptable to the city attorney in the amount of the estimated costs of construction, and processed for approval in accordance with the Design and Construction Standards Manual (DCSM). Any performance guarantee shall be limited to those items depicted or provided for in the approved plan, plat, permit or similar document.

(d)

Off-site improvements. A subdivider or developer may make a voluntary advance of payments for the construction of reasonable and necessary off-site road improvements, the need for which is substantially generated and reasonably required by the development of the subdivision, with reimbursement provided by the city council as provided in Code of Virginia, § 15.2-2242(4).

(e)

Pro-rata share. The city may require a subdivider or developer of land to pay their pro rata share of the cost of providing reasonable and necessary road improvements, sewerage, water and drainage facilities, located outside the property limits of the land owned or controlled by him but necessitated or required, at least in part, by the construction or improvement of their subdivision or development as provided by applicable city and state law.

(f)

Timeliness of plat recordation, performance guarantee in effect. Unless the owner of a subdivision shall have a final plat recorded in the office of the Clerk of the Prince William Circuit Court within six months after the final approval thereof by the city, the approval of the plan of such subdivision 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 performance guarantee approved by the agent, or where the developer has furnished performance guarantee to the agent in the amount of the estimated cost of construction of such facilities, the time for plat recordation shall be extended to one year after final approval or to the time limit specified in the performance guarantee agreement approved by the agent, whichever is greater.

(g)

Periodic partial and final release of certain performance guarantees. The subdivider may apply for the periodic partial and final complete release of any performance guarantee required under this division.

(1)

All partial and final releases shall conform to the time constraints, procedures and requirements of the Code of Virginia, § 15.2-2245, as amended from time to time, and the DCSM.

(2)

The city shall not refuse to make a periodic partial or final release of a performance guarantee for any reason not directly related to the specified defects or deficiencies in construction of the facilities covered by such performance guarantee.

(3)

For the purposes of this section, a certificate of partial or final completion of such facilities executed by either a duly licensed professional engineer or land surveyor, as defined in Code of Virginia, § 54.1-400, or from a department or agency designated by the city may be accepted without requiring further inspection of such facilities.

(Ord. No. O-2021-07, § 1, 1-11-2021)

(a)

Application of division. The requirements and standards of design set out in this division and in the City of Manassas Design and Construction Standards Manual (DCSM) shall apply to the subdivision of land within the city. The DCSM shall be the primary regulating document for all technical requirements relating to construction standards for materials and design, plan processing, and waiver of those technical requirements as provided for within the DCSM.

(b)

Lots generally.

(1)

The arrangement of lots shall be at right angles to street lines, if possible, or radial to curved street lines.

(2)

The marking of lots using monuments shall be in accordance with the DCSM.

(3)

Lots area, lot width, and building setbacks shall in all cases conform to those established in the zoning ordinances of Chapter 130.

(4)

Finished grades for all slopes shall not be greater than a 3:1 ratio.

(5)

Land subject to the following conditions shall not be platted for residential occupancy:

a.

Floodway in accordance with Chapter 66.

b.

Deemed to be topographically unsuitable, which is generally defined as slopes greater than 25 percent.

(c)

The design and layout of each subdivision shall comply with all applicable requirements of the DCSM and relevant city, state and federal standards with regard to: the coordination of streets, both existing and planned, within and contiguous to the subdivision; the provision of adequate drainage and flood control, and for light and air; and the manner in which streets and other public infrastructure shall be improved and installed, all as contemplated by Code of Virginia, § 15.2-2241(2)—(4).

(d)

Dedication of land for public purposes.

(1)

The city may accept a dedication for public use any right-of-way located within any subdivision or section thereof, which has been constructed or proposed to be constructed within the subdivision or section thereof, any public 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 city, the commonwealth, or other public agency, and for the provision of other site-related improvements required by city ordinances for vehicular ingress and egress, including traffic signalization and control, for public access streets, for structures necessary to ensure stability of critical slopes, and for stormwater management facilities, financed or to be financed in whole or in part by private funds only if the owner or developer certifies to the city that the construction costs have been paid to the person constructing such facilities; or the owner, developer or contractor furnishes the performance guarantee required by section 130-31(c).

(2)

When the delineation of sections within a proposed development have been agreed on, the developer shall not be required to furnish to the city a performance guarantee in the amount of the estimated cost of construction of facilities to be dedicated for public use within each section of the development until such time as construction plans are submitted for the section in which such facilities are to be located.

(e)

Family conveyance. A single division of a lot or parcel, less than five acres in size, for the purpose of sale or gift to a member of the immediate family of the property owner is permitted; when

(1)

For the purpose of this section, a member of the immediate family is a person who is a natural or legally defined off-spring, stepchild, spouse, sibling, grandchild, grandparent, or parent of the owner.

(2)

The property has been owned for at least 15 consecutive years by the current owner or member of the immediate family; and

(3)

The property owner agrees to place a restrictive covenant on the subdivided property that would prohibit the transfer of the property to a nonmember of the immediate family for a period of 15 years.

(4)

Have a reasonable right of way not less than ten feet or more than 20 feet in width providing ingress and egress to a dedicated 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.

(f)

Shared easement conveyance. Once a developer conveys a common or shared easement that will permit electric, cable or telephone service to a subdivision, the developer shall, within 30 days after written request by a service provider, grant an easement to that entity. However, the developer and service provider may mutually agree on an alternate location for an easement.

(g)

Improvement requirements and specifications. Improvements required in any subdivision lying in whole or in part in the city, including, but not limited to any easement, extension of sewer, water or electrical system, right-of-way dedication or public streets, shall be in accordance with the applicable requirements and specifications of the DCSM.

(1)

Utilities. All buildings constructed shall connect to public water and sewer system mains. Utilities, including gas, water, sanitary sewer, and electric light or power, shall be submitted, reviewed, and approved in accord with the Code of Virginia, § 15.2-2269, Chapter 118 of the City Code, and the DCSM.

(2)

Private streets. All private streets shall be built to city design standards and requirements, as set forth in the DCSM. Any plats with private streets must include a statement on private maintenance in accordance with the requirements of the DCSM.

(3)

Grading and paving. Nothing herein shall be construed as creating an obligation upon the city to construct or pay for grading or paving, or for sidewalk, sewer, curb, and gutter improvements or construction in any approved subdivision.

(4)

Tree removal for stormwater management. The removal of trees to create stormwater management ponds or facilities when adequate outfall requirements can be met may be permitted, but not required.

(5)

Sidewalks. When a lot being subdivided or developed fronts on an existing street, and adjacent property on either side has an existing sidewalk or when the provision of a sidewalk, the need for which is substantially generated and reasonably required by the proposed development and is in accordance with the adopted comprehensive plan, a dedication of land for, and construction of, a sidewalk on the property being subdivided or developed is required.

(6)

Environmental assessments. Phase I and Phase II environmental site assessments may be required as outlined in the DCSM.

(7)

Contamination. Prior to any subdivision or development plan approval there must be disclosure and remediation of contamination and other adverse environmental conditions on the property.

(Ord. No. O-2021-07, § 1, 1-11-2021)

(a)

Filing. Whenever any subdivision of land is proposed, and before any permit for the erection of a structure shall be granted, a subdivider or their agent may apply to the subdivision agent for approval of their preliminary subdivision plat. The preliminary plat shall be in conformity with this chapter and the DCSM. All requirements for submittal, review, notice and action as set forth in Code of Virginia, § 15.2-2260, as amended, shall be applicable to preliminary subdivision plats submitted pursuant to this section.

(1)

Review. The subdivision agent shall complete action on the preliminary plat within 60 days of submission.

(2)

Failure to act. If the subdivision 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 Prince William Circuit Court to enter an order with respect thereto as it deems proper, which may include directing approval of the plat.

(3)

Appeal. If the subdivision agent disapproves a preliminary subdivision plat and the subdivider contends that the disapproval was not properly based on the ordinance applicable thereto, or was arbitrary or capricious, he may appeal to the Prince William Circuit Court, provided that the appeal is filed within 60 days of the written disapproval by the agent.

(b)

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 subdivision agent may revoke such approval upon a specific finding of facts that the subdivider has not diligently pursued approval of the final subdivision plat.

(c)

A subdivider shall, within one year after official approval and notification by the subdivision agent in respect to a preliminary plat, file with the agent the final subdivision plat in accordance with this division.

(Ord. No. O-2021-07, § 1, 1-11-2021)

(a)

Filing. Whenever any subdivision of land is proposed, and before any permit for the erection of a structure shall be granted, a subdivider or their agent shall apply to the subdivision agent for approval of their final subdivision plat. A final subdivision plat shall be in conformity with this chapter and the DCSM. All requirements for submittal, review, notice and action as set forth in Code of Virginia, §§ 15.2-2258 and 15.2-2259, as amended, shall be applicable to final subdivision plats submitted pursuant to this section.

(1)

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

(2)

Failure to act. If the subdivision agent fails to approve or disapprove the plat within 60 days after it has been officially submitted for approval, the subdivider, after ten days' written notice to the agent, may petition the Prince William Circuit Court to decide whether the plat should or should not be approved. The court shall hear the matter and make and enter an order with respect thereto as it deems proper, which may include directing approval of the plat.

(3)

Appeal. If the subdivision 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 Prince William Circuit Court, and the court shall hear and determine the case as soon as may be, provided that the appeal is filed with the circuit court within 60 days of the written disapproval by the agent.

(b)

Plat standards. Every subdivision plat intended for recording shall meet the standards for plats adopted pursuant to the Virginia Public Records Act.

(1)

Every subdivision plat which is intended for recording shall be prepared by a certified professional engineer or land surveyor, who shall endorse and sign upon each plat a certificate setting forth the source of 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 the plat. However, nothing in this section shall be deemed to prohibit the preparation of preliminary studies, plans or plats of a proposed subdivision by the owner of the land, city planners, land planners, architects, landscape architects, or others having training or experience in subdivision planning or design.

(2)

The following types of statements shall be required on final subdivision plats in accordance with the requirements of the DCSM:

a.

Owner's Consent and Dedication

b.

Land Surveyor's Certificate

c.

Subdivision Agent Review and Approval

d.

Recordation

(3)

When a plat is executed and acknowledged, the plat, subject to the requirements in this section, shall be filed and recorded in the office of the Clerk of the Prince William Circuit Court and indexed in the general index to deeds under the names of the owners of lands signing the statement, and under the name of the subdivision. Owners shall notify the commissioner of the revenue for the City of Manassas of improvements to real property situated in platted subdivisions.

(c)

Recording. Any owner or any proprietor of any tract of land situated within the corporate limits of the city who subdivides the same shall cause the approved final plat of the subdivision to be recorded in the office of the clerk of the circuit court of the county. Pursuant to section 130-30(e) no such plat of a subdivision shall be recorded unless and until it shall have been submitted and approved by the agent in accordance with the regulations set forth in this division.

(1)

The recordation of an approved plat shall operate to transfer to the city, or to such association or public authority as the city may provide, such streets, alleys, other rights-of-ways and easements shown on the plat as dedicated for the conveyance of stormwater, domestic water and sewage, including the installation and maintenance of any facilities utilized for such purposes, as the city may require. Nothing in this section shall obligate the city, association or authority to install or maintain such facilities unless otherwise agreed to by the city, association or authority. Such easements may be vacated administratively by the city manager or their designee in accordance with the limitations set forth in the Code of Virginia, § 15.2-2265, and subsequent amendments thereto.

(2)

A recorded plat or final site plan shall be valid for a period of not less than five years from the date of approval.

(3)

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

(4)

Any subdivision plat recorded prior to January 1, 1975, if otherwise valid, is hereby validated and declared effective even though the technical requirements for recordation existing at the time such plat was recorded were not complied with.

(d)

Vacation of plat. A recorded subdivision plat, or any portion thereof, may be vacated as follows:

(1)

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

(2)

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

(3)

After sale of lot. An approved and recorded plat of subdivision, or part thereof, may be vacated after the sale of any lot by utilizing one of the two methods specified in the Code of Virginia, § 15.2-2272, and subsequent amendments thereto. The effect of such a vacation is as provided in Code of Virginia, § 15.2-2274.

(4)

Fees. The board shall establish a fee for processing an application for vacation of plat. The fee for processing an application to vacate a subdivision plat, or part thereof, shall be established by an uncodified ordinance enacted by the city council, as amended.

(Ord. No. O-2021-07, § 1, 1-11-2021)

(a)

Boundary lines. The boundary lines of any lot or parcel of land may be vacated, relocated or otherwise altered as a part of an otherwise valid and properly recorded plat of subdivision or resubdivision approved as provided in this division or properly recorded prior to the applicability of this division, and executed by the owner or owners of the land. The action shall not involve the relocation or alteration of streets, alleys, easements for public passage, or other public areas. No easements or utility rights-of-way shall be relocated or altered without the express consent of all persons holding any interest therein.

(Ord. No. O-2021-07, § 1, 1-11-2021)