15.2-2241 - Mandatory provisions of a subdivision ordinance.
§ 15.2-2241. Mandatory provisions of a subdivision ordinance.
A subdivision ordinance shall include reasonable regulations and provisionsthat apply to or provide:
1. For plat details which shall meet the standard for plats as adopted under§ 42.1-82 of the Virginia Public Records Act (§ 42.1-76 et seq.);
2. For the coordination of streets within and contiguous to the subdivisionwith other existing or planned streets within the general area as tolocation, widths, grades and drainage, including, for ordinances andamendments thereto adopted on or after January 1, 1990, for the coordinationof such streets with existing or planned streets in existing or futureadjacent or contiguous to adjacent subdivisions;
3. For adequate provisions for drainage and flood control, for adequateprovisions related to the failure of impounding structures and impacts withindam break inundation zones, and other public purposes, and for light and air,and for identifying soil characteristics;
4. For the extent to which and the manner in which streets shall be graded,graveled or otherwise improved and water and storm and sanitary sewer andother public utilities or other community facilities are to be installed;
5. (Effective until July 1, 2014) For the acceptance of dedication for publicuse of any right-of-way located within any subdivision or section thereof,which has constructed or proposed to be constructed within the subdivision orsection thereof, any street, curb, gutter, sidewalk, bicycle trail, drainageor sewerage system, waterline as part of a public system or other improvementdedicated for public use, and maintained by the locality, the Commonwealth,or other public agency, and for the provision of other site-relatedimprovements required by local ordinances for vehicular ingress and egress,including traffic signalization and control, for public access streets, forstructures necessary to ensure stability of critical slopes, and for stormwater management facilities, financed or to be financed in whole or in partby private funds only if the owner or developer (i) certifies to thegoverning body that the construction costs have been paid to the personconstructing such facilities or, at the option of the local governing body,presents evidence satisfactory to the governing body that the time forrecordation of any mechanics lien has expired or evidence that any debt forsaid construction that may be due and owing is contested and further providesindemnity with adequate surety in an amount deemed sufficient by thegoverning body or its designated administrative agency; (ii) furnishes to thegoverning body a certified check or cash escrow in the amount of theestimated costs of construction or a personal, corporate or property bond,with surety satisfactory to the governing body or its designatedadministrative agency, in an amount sufficient for and conditioned upon theconstruction of such facilities, or a contract for the construction of suchfacilities and the contractor's bond, with like surety, in like amount and soconditioned; or (iii) furnishes to the governing body a bank or savingsinstitution's letter of credit on certain designated funds satisfactory tothe governing body or its designated administrative agency as to the bank orsavings institution, the amount and the form. The amount of such certifiedcheck, cash escrow, bond, or letter of credit shall not exceed the total ofthe estimated cost of construction based on unit prices for new public orprivate sector construction in the locality and a reasonable allowance forestimated administrative costs, inflation, and potential damage to existingroads or utilities, which shall not exceed 10 percent of the estimatedconstruction costs. "Such facilities," as used in this section, means thosefacilities specifically provided for in this section.
If a developer records a final plat which may be a section of a subdivisionas shown on an approved preliminary subdivision plat and furnishes to thegoverning body a certified check, cash escrow, bond, or letter of credit inthe amount of the estimated cost of construction of the facilities to bededicated within said section for public use and maintained by the locality,the Commonwealth, or other public agency, the developer shall have the rightto record the remaining sections shown on the preliminary subdivision platfor a period of five years from the recordation date of any section, or forsuch longer period as the local commission or other agent may, at theapproval, determine to be reasonable, taking into consideration the size andphasing of the proposed development, subject to the terms and conditions ofthis subsection and subject to engineering and construction standards andzoning requirements in effect at the time that each remaining section isrecorded. In the event a governing body of a county, wherein the highwaysystem is maintained by the Department of Transportation, has accepted thededication of a road for public use and such road due to factors other thanits quality of construction is not acceptable into the secondary system ofstate highways, then such governing body may, if so provided by itssubdivision ordinance, require the subdivider or developer to furnish thecounty with a maintenance and indemnifying bond, with surety satisfactory tothe governing body or its designated administrative agency, in an amountsufficient for and conditioned upon the maintenance of such road until suchtime as it is accepted into the secondary system of state highways. In lieuof such bond, the governing body or its designated administrative agency mayaccept a bank or savings institution's letter of credit on certain designatedfunds satisfactory to the governing body or its designated administrativeagency as to the bank or savings institution, the amount and the form, oraccept payment of a negotiated sum of money sufficient for and conditionedupon the maintenance of such road until such time as it is accepted into thesecondary system of state highways and assume the subdivider's or developer'sliability for maintenance of such road. "Maintenance of such road" as usedin this section, means maintenance of the streets, curb, gutter, drainagefacilities, utilities or other street improvements, including the correctionof defects or damages and the removal of snow, water or debris, so as to keepsuch road reasonably open for public usage.
As used in this section, "designated administrative agency" means theplanning commission of the locality or an agent designated by the governingbody of the locality for such purpose as set forth in §§ 15.2-2258 through15.2-2261;
5. (Effective July 1, 2014) For the acceptance of dedication for public useof any right-of-way located within any subdivision or section thereof, whichhas constructed or proposed to be constructed within the subdivision orsection thereof, any street, curb, gutter, sidewalk, bicycle trail, drainageor sewerage system, waterline as part of a public system or other improvementdedicated for public use, and maintained by the locality, the Commonwealth,or other public agency, and for the provision of other site-relatedimprovements required by local ordinances for vehicular ingress and egress,including traffic signalization and control, for public access streets, forstructures necessary to ensure stability of critical slopes, and for stormwater management facilities, financed or to be financed in whole or in partby private funds only if the owner or developer (i) certifies to thegoverning body that the construction costs have been paid to the personconstructing such facilities or, at the option of the local governing body,presents evidence satisfactory to the governing body that the time forrecordation of any mechanics lien has expired or evidence that any debt forsaid construction that may be due and owing is contested and further providesindemnity with adequate surety in an amount deemed sufficient by thegoverning body or its designated administrative agency; (ii) furnishes to thegoverning body a certified check or cash escrow in the amount of theestimated costs of construction or a personal, corporate or property bond,with surety satisfactory to the governing body or its designatedadministrative agency, in an amount sufficient for and conditioned upon theconstruction of such facilities, or a contract for the construction of suchfacilities and the contractor's bond, with like surety, in like amount and soconditioned; or (iii) furnishes to the governing body a bank or savingsinstitution's letter of credit on certain designated funds satisfactory tothe governing body or its designated administrative agency as to the bank orsavings institution, the amount and the form. The amount of such certifiedcheck, cash escrow, bond, or letter of credit shall not exceed the total ofthe estimated cost of construction based on unit prices for new public orprivate sector construction in the locality and a reasonable allowance forestimated administrative costs, inflation, and potential damage to existingroads or utilities, which shall not exceed 25 percent of the estimatedconstruction costs. "Such facilities," as used in this section, means thosefacilities specifically provided for in this section.
If a developer records a final plat which may be a section of a subdivisionas shown on an approved preliminary subdivision plat and furnishes to thegoverning body a certified check, cash escrow, bond, or letter of credit inthe amount of the estimated cost of construction of the facilities to bededicated within said section for public use and maintained by the locality,the Commonwealth, or other public agency, the developer shall have the rightto record the remaining sections shown on the preliminary subdivision platfor a period of five years from the recordation date of any section, or forsuch longer period as the local commission or other agent may, at theapproval, determine to be reasonable, taking into consideration the size andphasing of the proposed development, subject to the terms and conditions ofthis subsection and subject to engineering and construction standards andzoning requirements in effect at the time that each remaining section isrecorded. In the event a governing body of a county, wherein the highwaysystem is maintained by the Department of Transportation, has accepted thededication of a road for public use and such road due to factors other thanits quality of construction is not acceptable into the secondary system ofstate highways, then such governing body may, if so provided by itssubdivision ordinance, require the subdivider or developer to furnish thecounty with a maintenance and indemnifying bond, with surety satisfactory tothe governing body or its designated administrative agency, in an amountsufficient for and conditioned upon the maintenance of such road until suchtime as it is accepted into the secondary system of state highways. In lieuof such bond, the governing body or its designated administrative agency mayaccept a bank or savings institution's letter of credit on certain designatedfunds satisfactory to the governing body or its designated administrativeagency as to the bank or savings institution, the amount and the form, oraccept payment of a negotiated sum of money sufficient for and conditionedupon the maintenance of such road until such time as it is accepted into thesecondary system of state highways and assume the subdivider's or developer'sliability for maintenance of such road. "Maintenance of such road" as usedin this section, means maintenance of the streets, curb, gutter, drainagefacilities, utilities or other street improvements, including the correctionof defects or damages and the removal of snow, water or debris, so as to keepsuch road reasonably open for public usage.
As used in this section, "designated administrative agency" means theplanning commission of the locality or an agent designated by the governingbody of the locality for such purpose as set forth in §§ 15.2-2258 through15.2-2261;
6. For conveyance of common or shared easements to franchised cabletelevision operators furnishing cable television and public servicecorporations furnishing cable television, gas, telephone and electric serviceto the proposed subdivision. Once a developer conveys an easement that willpermit electric, cable or telephone service to be furnished to a subdivision,the developer shall, within 30 days after written request by a cabletelevision operator or telephone service provider, grant an easement to thatcable television operator or telephone service provider for the purpose ofproviding cable television and communications services to that subdivision,which easement shall be geographically coextensive with the electric serviceeasement, or if only a telephone or cable service easement has been granted,then geographically coextensive with that telephone or cable serviceeasement; however, the developer and franchised cable television operator ortelephone service provider may mutually agree on an alternate location for aneasement. If the final subdivision plat is recorded and does not includeconveyance of a common or shared easement as provided herein, the localplanning commission or agent designated by the governing body to review andact on submitted subdivision plats shall not be responsible to enforce therequirements of this subdivision;
7. For monuments of specific types to be installed establishing street andproperty lines;
8. That unless a plat is filed for recordation within six months after finalapproval thereof or such longer period as may be approved by the governingbody, such approval shall be withdrawn and the plat marked void and returnedto the approving official; however, in any case where construction offacilities to be dedicated for public use has commenced pursuant to anapproved plan or permit with surety approved by the governing body or itsdesignated administrative agency, or where the developer has furnished suretyto the governing body or its designated administrative agency by certifiedcheck, cash escrow, bond, or letter of credit in the amount of the estimatedcost of construction of such facilities, the time for plat recordation shallbe extended to one year after final approval or to the time limit specifiedin the surety agreement approved by the governing body or its designatedadministrative agency, whichever is greater;
9. For the administration and enforcement of such ordinance, not inconsistentwith provisions contained in this chapter, and specifically for theimposition of reasonable fees and charges for the review of plats and plans,and for the inspection of facilities required by any such ordinance to beinstalled; such fees and charges shall in no instance exceed an amountcommensurate with the services rendered taking into consideration the time,skill and administrator's expense involved. All such charges heretofore madeare hereby validated;
10. For reasonable provisions permitting a single division of a lot or parcelfor the purpose of sale or gift to a member of the immediate family of theproperty owner in accordance with the provisions of § 15.2-2244; and
11. For the periodic partial and final complete release of any bond, escrow,letter of credit, or other performance guarantee required by the governingbody under this section in accordance with the provisions of § 15.2-2245.
(Code 1950, §§ 15-781, 15-967.1; 1950, p. 183; 1962, c. 407, § 15.1-466;1970, c. 436; 1973, cc. 169, 480; 1975, c. 641; 1976, c. 270; 1978, cc. 429,439, 440; 1979, cc. 183, 188, 395; 1980, cc. 379, 381; 1981, c. 348; 1983,cc. 167, 609; 1984, c. 111; 1985, cc. 422, 455; 1986, c. 54; 1987, c. 717;1988, cc. 279, 735; 1989, cc. 332, 393, 403, 495; 1990, cc. 170, 176, 287,708, 973; 1991, cc. 30, 47, 288, 538; 1992, c. 380; 1993, cc. 836, 846, 864;1994, c. 421; 1995, cc. 386, 388, 389, 452, 457, 474; 1996, cc. 77, 325, 452,456; 1997, cc. 587, 737; 2002, c. 517; 2004, c. 952; 2006, c. 670; 2008, cc.491, 718; 2009, cc. 193, 194; 2010, cc. 149, 766.)