City of Fredericksburg, VA Subdivision Plats

If an owner of land wants to subdivide the land, he shall submit a plat of the proposed subdivision for approval in accordance with this section and other applicable requirements of this chapter, including Article 72-5.

An applicant for an administrative subdivision shall submit a final subdivision plat to the Development Administrator for administrative approval.

An applicant for a minor subdivision may either follow the process for approval of both preliminary and final subdivision plats or submit a final subdivision plat for approval without submitting a preliminary subdivision plat.

An applicant for a major subdivision shall follow the process for approval of both preliminary and final subdivision plats.

No land may be subdivided unless the subdivision is in compliance with this article and a final plat of the subdivision is recorded in the land records of the Clerk of the Circuit Court.

The Clerk shall not record a subdivision plat unless it has been approved by the City and signed by the Development Administrator. The penalties in Code of Virginia, § 17.1-223, apply to a failure of the Clerk to comply with this section.

The City will not issue a building permit for any lot created in violation of this chapter, or if a different ordinance was in effect at the time the land was subdivided, that ordinance, until the lot is shown on an approved and recorded final subdivision plat.

No land in a subdivision may be transferred until the final subdivision plat for the land is duly approved, bonded, and recorded. This does not prevent the recordation of the document by which the land is transferred or the passage of title between the parties to the document.

(6)

Subdivision plat submittal requirements are contained in the UDO procedures manual.

(7)

The Development Administrator may determine that a number of administrative or minor subdivision plats are in fact a minor or major subdivision if the plats relate to the same parcel or related groups of parcels. The Development Administrator may require the applicant to submit additional information necessary to make this determination, including, but not limited to, a copy of the tax map showing the land being subdivided and all lots previously subdivided from that tract of land within the previous five years.

Preliminary subdivision plats.

[1]An approved preliminary subdivision plat is a guide for preparation of the construction plan and final subdivision plat. The approval of the preliminary subdivision plat does not guarantee approval of the final subdivision plat.

[1]

Editor's Note: Former Subsection C(1), regarding approved General Development Plans, was repealed 9-13-2022 by Ord. No. 22-18, which ordinance also renumbered the remaining subsections in this Subsection C.

The content and format of the preliminary subdivision plat must conform to the submittal requirements in the UDO Procedures Manual.

The process for preliminary subdivision plat approval is as follows:

Before submitting a preliminary subdivision plat application, the applicant shall participate in a pre-application conference with the Technical Review Committee.

The applicant shall submit the preliminary subdivision plat to the Development Administrator. A preliminary subdivision plat is officially submitted when the Development Administrator accepts the application under City Code § 72-21.6.

[Amended 5-23-2017 by Ord. No. 17-13]

[1]

If approval of a feature of the preliminary subdivision plat by a state agency or public authority is necessary, the Development Administrator shall forward the preliminary subdivision plat to the appropriate agency or authority within 10 business days of the applicant's official submission of the preliminary subdivision plat.

The Development Administrator shall submit the preliminary subdivision plat to the Planning Commission with his recommendation on whether the plat meets the requirements of this chapter. This recommendation must identify all defects, list specific reference to the requirements that the defects violate, and describe modifications that would permit approval of the plat.

[Amended 5-23-2017 by Ord. No. 17-13]

The Planning Commission shall review the preliminary subdivision plat and make its recommendation on approval or disapproval to the City Council. The Development Administrator shall advise Council on whether the preliminary subdivision plat meets the requirements of this chapter. This recommendation must identify all defects, list specific references to the requirements that the defects violate, and describe modifications that would permit approval of the plat.

(e)

City Council hearing. City Council shall hold a public hearing on major and minor preliminary subdivision plats.

[Amended 5-23-2017 by Ord. No. 17-13]

(f)

City Council shall act on an application for approval of a major preliminary subdivision plat within the time specified by Code of Virginia, § 15.2-2260. Any deadline in this section may be extended with the written consent of the applicant.

(g)

If a preliminary subdivision plat is approved, it is valid for the applicable period specified in Code of Virginia, §§ 15.2-2260 and 15.2-2209.1, as applicable.

(h)

If a preliminary subdivision plat is disapproved, the reasons for denial and the modifications that would permit approval shall be set forth, in writing, by the Development Administrator for administrative subdivisions and by City Council resolution for minor and major subdivisions.

(i)

If City Council does not act on a preliminary subdivision plat within 90 days of the official submission to the Development Administrator, the subdivider, after 10 days' written notice to the Clerk of Council, may petition the Circuit Court for relief, which may include directing approval of the preliminary subdivision plat.

Final subdivision plats - administrative subdivisions, minor subdivisions with approved preliminary subdivision plats, and major subdivisions.

The applicant shall submit the final subdivision plat to the Development Administrator for administrative approval. A final subdivision plat is officially submitted when the Development Administrator accepts the application under City Code § 72-21.6.

The Development Administrator shall act on an application for approval of a final subdivision plat in accordance with Code of Virginia § 15.2-2259.

The subdivider shall record the approved final subdivision plat in the land records of the Circuit Court within six months of the Development Administrator's approval of the plat. If the plat is not recorded within this time, the Development Administrator's approval of the plat expires.

Once a final subdivision plat is approved and recorded, the plat is valid for the period allowed by Code of Virginia, §§ 15.2-2261 and 15.2-2209.1, as applicable. The Development Administrator may grant extensions of this approval, in accordance with Code of Virginia § 15.2-2261.

These requirements apply to every final subdivision plat submitted for approval:

The final subdivision plat shall be prepared by a professional who is licensed to prepare such a plat. The professional shall endorse upon the plat the source of title of the owner of the land subdivided, in accordance with Code of Virginia, § 15.2-2262.

Plat details shall meet the standards established by the State Library Board under the Virginia Public Records Act. Every plat shall contain a statement of consent to subdivision in conformance with Code of Virginia § 15.2-2264. The Development Administrator shall determine any additional content required for final plats and state them in the Procedures Manual.

No final subdivision plat will be approved until the Zoning Administrator has approved any required commercial or residential site development plans.

[Amended 5-23-2017 by Ord. No. 17-13]

No final subdivision plat will be approved unless all performance guarantees required under § 72-27 have been posted.

Final subdivision plats - minor subdivisions without an approved preliminary subdivision plat.

The applicant shall submit the final subdivision plat to the Development Administrator. A final plat is officially submitted when the Development Administrator accepts the application under City Code § 72-21.6.

The Development Administrator shall submit the final subdivision plat to the Planning Commission with his recommendation on whether the plat meets the requirements of this chapter. This recommendation must identify all defects, list specific references to the requirements that the defects violate, and describe modifications that would permit approval of the plat.

The Planning Commission shall review the final subdivision plat and make its recommendation on approval or disapproval to the City Council, without a public hearing. The Development Administrator shall advise Council on whether the plat meets the requirements of this chapter. This recommendation must identify all defects, list specific references to the requirements that the defects violate, and describe modifications that would permit approval of the plat.

City Council hearing. City Council shall hold a public hearing on minor final subdivision plats.

[Amended 5-23-2017 by Ord. No. 17-13]

City Council shall act on an application for approval of a final minor subdivision plat after the public hearing. Any statutory deadline for a Council decision may be extended with the written consent of the applicant.

(6)

Except as provided in Code of Virginia, § 15.2-2241(A)(8), the subdivider shall record the approved final subdivision plat in the land records of the Circuit Court within six months of the City Council's approval of the plat or such longer period as may be approved by City Council. If the plat is not recorded within this time, the City Council's approval of the plat is withdrawn. The plat shall be returned to the Development Administrator, who shall mark it "void."

(7)

The provisions of § 72-25.1D(4) and (5) apply to minor subdivisions without approved preliminary plats.

Exemptions. This article shall not preclude different owners of adjacent parcels from entering into a valid and enforceable boundary line agreement with one another so long as such agreement is only used to resolve a bona fide property line dispute, the boundary adjustment does not move by more than 250 feet from the center of the current platted line or alter either parcel's resultant acreage by more than 5% of the smaller parcel size, and such agreement does not create an additional lot, alter the existing boundary lines of localities, result in greater street frontage, or interfere with a recorded easement, and such agreement shall not result in any nonconformity with local ordinances and health department regulations. Notice shall be provided to the Zoning Administrator of the locality in which the parcels are located for review. For any property affected by this provision, any division of land subject to a partition suit by virtue of order or decree by a court of competent jurisdiction shall take precedence over the requirements of Article 6 (§ 15.2-2240 et seq.) and the minimum lot area, width, or frontage requirements in the Zoning Ordinance so long as the lot or parcel resulting from such order or decree does not vary from minimum lot area, width, or frontage requirements by more than 20%. A copy of the final decree shall be provided to the Zoning Administrator of the locality in which the property is located.

[Added 10-25-2022 by Ord. No. 22-22]

72-25.2 Improvements.

The approval of a final subdivision plat does not constitute acceptance by the City of any street, alley, public space, utility or other physical improvement. These acceptances are governed by Article 72-5, Development Standards, and § 72-27.

Required improvements. Every proposed subdivision shall be designed to include all of the public facilities and other improvements required by this chapter.

Proffered improvements. All subdivision plats shall contain provisions for the dedication and construction of improvements referenced within proffered conditions applicable to the subject property.

On-site public improvements, generally. All required on-site public improvements shall be installed at the cost of the subdivider, unless the Development Administrator agrees to City cost-sharing or other means of City participation, and this agreement is formally entered into before final plat approval. All required on-site public improvements shall conform to the standards of Article 72-5.

Access and blocks and lots.

Street names. All subdivision streets shall be identified by street names, in accordance with the standards of Article 72-5.

Public streets and dedication of rights-of-way.

[Amended 5-23-2017 by Ord. No. 17-13]

All public streets within a subdivision shall be coordinated as to location, width, grades, and drainage with other public streets, by (i) coordinating with existing or planned streets within the general area of the subdivision, and (ii) continuing the public streets to planned, existing, or platted streets into adjoining areas by dedication or reservation or right-of-way adequate to accommodate continuation of the streets.

All subdivisions shall provide for the construction and dedication of public streets to permit motor vehicle travel within the subdivision and to and from adjacent properties, unless private streets are approved in accordance with this article. Streets within a subdivision shall be designed in accordance with the standards of Article 72-5. The arrangement, character, extent, width, grade and location of all streets, street signs, and traffic control devices shall be in accordance with the standards of Article 72-5.

Subdivisions shall provide for the construction of or fee dedication for the widening of existing streets, existing streets on new alignments, and proposed streets as indicated on the Comprehensive Plan, where the need for those street improvement is substantially generated by the proposed subdivision.

A subdivider may voluntarily provide funding for off-site road improvements. The improvements for which that funding may be accepted and the procedures for administering the funding are in Code of Virginia, § 15.2-2242(4).

Private streets. Subdivisions in single-family attached and multifamily residential, commercial, and industrial developments in the R-8, R-12, R-16, R30, C-SC, C-H, I-1, I-2, PD-R, PD-C, PD-MU, and PD-MC Districts may provide for private streets within private ingress/egress easements. Private streets, where authorized, shall be designed and constructed in accordance with the standards of Article 72-5.

Alleys. Subdivisions are not required to provide public or private alleys. If a subdivider proposes to construct public or private alleys, the alleys shall comply with the standards of Article 72-5.

Curb and gutter. Curb and gutter is required, and shall be designed and constructed, in accordance with the standards of Article 72-5.

(6)

Vehicular ingress/egress. Any required parking area shall have direct vehicular ingress and egress to and from a public or private street in accordance with the standards of Article 72-5.

(7)

Pedestrian access and bicycle trails. Subdivisions shall provide for sidewalks, in accordance with the standards of Article 72-5. Subdivisions shall provide for the construction of bicycle trails, in the general location shown on the Bicycle and Pedestrian Master Plan, called "Fredericksburg Pathways," within the subdivision. Bicycle trails shall be designed and constructed in accordance with the standards of Article 72-5.

(8)

Blocks and lots.

Blocks created by the subdivision of land shall conform to the standards of Article 72-5. Lots created by the subdivision of land shall conform to applicable requirements in Article 72-3 and the standards of Article 72-5.

A subdivision plat may create one or more lots for City or other public water, sewer, stormwater, or similar utility facilities, such as a pump station lot. These lots are exempt from the minimum lot standards of this chapter, provided they are adequate for the proposed public use and acceptable to the City for dedication.

Sanitary sewer, public water, and stormwater.

Except as provided for in this Subsection F, all subdivisions shall provide for each lot to connect to the City public sanitary sewer system and public water systems through the construction and dedication of sanitary sewer facilities, water facilities, and related easements in accordance with the standards of Article 72-5.

The Director of Public Works shall develop a Comprehensive Sewerage Facilities Plan to determine the projected sewerage flow, collection mains and facilities, easements, and costs to provide ultimate sewerage service to City drainage sheds at full development of those sheds. The Director of Public Works shall develop a Comprehensive Water Facilities Plan to determine the projected public water demand, distribution mains and facilities, easements, and costs to provide ultimate public water service to City drainage sheds at full development of those sheds. These facilities plans shall be designed in accordance with the Comprehensive Plan. City Council shall adopt the facilities plans.

A subdivider or developer of land shall pay a pro rata share of the cost of providing reasonable and necessary sewerage and water facilities which may be outside the property limits of the land owned or controlled by the subdivider or developer, but necessitated or required, at least in part, by the construction or improvement of the land, in accordance with the intent and provisions of Code of Virginia, § 15.2-2243, the Comprehensive Plan, the Comprehensive Sewerage Facilities Plan, the Comprehensive Water Facilities Plan, and this subsection.

The Director of Public Works shall set the policy and criteria for determination of pro rata share of total cost, the financial and implementation procedures, and other related matters. City Council shall adopt the policy and criteria as part of the Comprehensive Sewerage Facilities Plan and the Comprehensive Water Facilities Plan.

The Development Administrator may grant an exception to the requirement that each lot connect to City sewer and water facilities in cases of unusual situations, or when strict adherence to the regulations would result in substantial injustice or hardship. No exception may be granted where a comprehensive facilities plan provides for future sewer service or water supply to the area in which the subdivision is located.

(e)

No subdivision shall be approved where individual wells or septic tanks are to be used until written approval for each lot to be transferred or occupied by a dwelling unit has been secured from the state health department. The health department may specify soil tests or water tests necessary to determine the suitability of the soil for subsurface effluent disposal. The subdivider is responsible for those tests.

(f)

The subdivider shall provide all required easements in accordance with the City's Construction Specifications and Standards for Water and Sewer Facilities on file in the Public Works Department.

Stormwater facilities.

The Director of Public Works shall develop a Comprehensive Stormwater Management Facilities Plan to determine the necessary structures, easements and costs to provide ultimate drainage facilities to serve City drainage sheds at full development of those sheds. This facilities plan shall be designed in accordance with the Comprehensive Plan. The facilities' costs shall be updated annually by applying the appropriate Engineering News-Record cost index factor. City Council shall adopt the facilities plan.

A subdivider or developer of land shall pay a pro rata share of the cost of providing reasonable and necessary drainage facilities which may be outside the property limits of the land owned or controlled by the subdivider or developer, but necessitated or required, at least in part, by the construction or improvement of the land, in accordance with the intent and provisions of Code of Virginia, § 15.2-2243, the Comprehensive Plan, the Comprehensive Stormwater Management Facilities Plan, and this section.

Subdivisions shall provide for public utilities and utility easements in accordance with the standards of Article 72.5.

Monuments and corners. Subdivisions shall place monuments and establish corners in accordance with the standards of Article 72-5.

Parks, schools, open space, and public land. Subdividers should give consideration to suitable sites for parks, schools, and other areas of public use as described in the Comprehensive Plan. Those areas should be located and indicated on the preliminary plat so it may be determined if, when, and how those areas will be dedicated to, reserved for, or acquired by the City Council for those uses. This provision does not preclude dedication of property for public use not included in the Comprehensive Plan, provided the property is acceptable to the City Council for dedication, acceptance and maintenance.

Dedication of land for public use.

In the interest of the public welfare, a subdivider may provide for reservation and dedication of suitable land for schools, parks, recreation areas, roadways, sidewalks, utility easements and other public uses in accordance with the Comprehensive Plan, Capital Improvements Program, and any adopted Official Map.

Final subdivision plats shall show the location, character and extent of public areas and facilities.

If a subdivider proposes or is legally required to convey interests in real property to the City, conveyance of those interests shall be made by appropriate deed to the City, approved as to form by the City Attorney and accepted on behalf of the City by the City Manager.

If a subdivider dedicates or otherwise conveys land for public purposes, it shall be of a character, size, dimension, and location suitable for the particular use for which the land is dedicated or conveyed. Land held by the City or another governmental entity is not required to meet the minimum street frontage, lot size, lot shape, or other lot requirements, so long as it is suitable for its public use.

72-25.3 Exceptions to subdivision and site plan regulations.

[Amended 5-23-2017 by Ord. No. 17-13]

This section governs requests for exceptions to the general subdivision and site plan regulations. Requested exceptions shall be submitted as part of an application for subdivision or site plan approval. Exceptions may be granted in unusual situations or when strict adherence to the general regulations would result in substantial injustice or hardship.

City Council (for major and minor subdivisions) and the Development Administrator (for administrative subdivisions) may approve exceptions to the general subdivision regulations. The Zoning Administrator may approve exceptions to the general site plan regulations.

The applicant shall make all requests for exceptions in writing, stating specifically the provision from which the exception is requested and the grounds for the request. The applicant shall submit the request with the preliminary plat, final plat, or site plan application. All requests shall be accompanied by any plats, plans, drawings, and engineering documents required to allow the Development Administrator, Zoning Administrator, or City Council to act on the application.

The Development Administrator shall approve or disapprove requests for exceptions to administrative subdivisions. The applicant shall provide written notice of the request as provided in § 72-21.9. The Development Administrator shall not decide on the request until the applicant provides evidence of that notice. The applicant may appeal the Development Administrator's decision to City Council within 14 days of the decision. City Council shall act on the decision within 30 days of receipt of the appeal and after written notice as provided in § 72-21.9. The approval of the administrative subdivision plat will be held in abeyance while the appeal is pending. The decision of the City Council is final.

City Council shall approve or disapprove requests for exceptions to minor and major subdivisions. City Council's decision will be rendered as part of the decision on the underlying plat, rather than separately from the plat.

The Zoning Administrator shall approve or disapprove requests for exceptions to site plans. The applicant shall provide written notice of the request as provided in § 72-21.9. The Zoning Administrator shall not decide the request until the applicant provides evidence of that notice. The Zoning Administrator's decision will be rendered as part of the decision on the underlying site plan, rather than separately.

72-25.4 Corrections and vacations.

Corrections. An approved preliminary subdivision plat, a final recorded subdivision plat, or an approved site plan may be corrected as follows:

Changes to an administrative subdivision plat, minor subdivision plat, or site plan may be approved by the Development Administrator to correct errors or omissions, if those changes comply with the subdivision or site plan regulations and requirements of this chapter.

Changes to a major subdivision plat may be approved by the Development Administrator to correct errors or omissions, if those changes comply with the subdivision or site plan regulations and requirements of this chapter without changing the density or impact of the project by more than 10%. More significant changes of major preliminary subdivisions may be approved by City Council, if those changes comply with the subdivision or site plan regulations and requirements of this chapter.

Vacation of plats.

The vacation of final, recorded plats is governed by Code of Virginia, §§ 15.2-2271 and 15.2-2272.

The Development Administrator may consent to the vacation of a plat under Code of Virginia, § 15.2-2271(1), if no lot has been sold and the owners, proprietors, and trustees who signed the original plat declare the plat vacated, in writing.