A.
Where no lot has been sold, the recorded plat, or part thereof, may
be vacated according to either of the following methods:
(1)
With the consent of the governing body, or its authorized agent, of the locality where the land lies, by the owners, proprietors and trustees, if any, who signed the statement required by § 140-69 of this chapter, at any time before the sale of any lot therein, by a written instrument, declaring the plat to be vacated, duly executed, acknowledged or proved and recorded in the same clerk's office wherein the plat to be vacated is recorded and the execution and recordation of such writing shall operate to destroy the force and effect of the recording of the plat so vacated and to divest all public rights in, and to reinvest the owners, proprietors and trustees, if any, with the title to the streets, alleys, easements for public passage and other public areas laid out or described in the plat; or
(2)
By ordinance of the governing body of the locality in which the property
shown on the plat or part thereof to be vacated lies, provided that
no facilities for which bonding is required pursuant to Code of Virginia
§§ 15.2-2241 through 15.2-2245, as amended, have been
constructed on the property and no facilities have been constructed
on any related section of the property located in the subdivision
within five years of the date on which the plat was first recorded.
B.
The ordinance shall not be adopted until after notice has been given
as required by the Code of Virginia § 15.2-2204. The notice
shall clearly describe the plat or portion thereof to be vacated and
state the time and place of the meeting of the governing body at which
the adoption of the ordinance will be voted upon. Any person may appear
at the meeting for the purpose of objecting to the adoption of the
ordinance. An appeal from the adoption of the ordinance may be filed
within 30 days of the adoption of the ordinance with the Circuit Court
having jurisdiction of the land shown on the plat or part thereof
to be vacated. Upon appeal the court may nullify the ordinance if
it finds that the owner of the property shown on the plat will be
irreparably damaged. If no appeal from the adoption of the ordinance
is filed within the time above provided or if the ordinance is upheld
on appeal, a certified copy of the ordinance of vacation may be recorded
in the clerk's office of any court in which the plat is recorded.
C.
The execution and recordation of the ordinance of vacation shall
operate to destroy the force and effect of the recording of the plat,
or any portion thereof, so vacated, and to divest all public rights
in and to the property and reinvest the owners, proprietors and trustees,
if any, with the title to the streets, alleys, and easements for public
passage and other public areas laid out or described in the plat.
(State law reference: Code of Virginia, § 15.2-2271, as
amended.)
In cases where any lot in a subdivision has been sold, the subdivision
plat, or part thereof, may be vacated according to either of the following
methods:
A.
By plat of vacation agreeing to such vacation, signed by all the
owners of lots shown on the plat and also signed by the director.
In cases involving drainage easements or street rights-of-way where
the vacation does not impede or alter drainage or access for any lot
owners other than those lot owners immediately adjoining or contiguous
to the vacated area, only the signatures of the lot owners immediately
adjoining or contiguous to the vacated area shall be required. The
word "owners," as used herein, shall not include lien creditors, except
those whose debts are secured by a recorded deed of trust or mortgage,
and shall not include any consort of an owner. The instrument of vacation
shall be acknowledged in the manner of a deed and filed for record
in the clerk's office.
B.
By ordinance of the Board of County Supervisors, on motion of one
of its members or on application of any interested person. Such ordinance
shall not be adopted until notice has been given as required by § 15.2-2204,
as amended, of the Code of Virginia. Such notice shall clearly describe
the plat or portion thereof to be vacated and state the time and place
of the meeting of the Board of County Supervisors at which the adoption
of the ordinance will be voted upon. Any person may appear at such
meeting for the purpose of objecting to the adoption of the ordinance.
An appeal from the adoption of the ordinance may be filed, within
30 days, with the Circuit Court of the County. Upon such appeal, the
Court may nullify the ordinance, if it finds that the owner of any
lot shown on the plat will be irreparably damaged. If no appeal from
the adoption of the ordinance is filed within the time above provided,
or if the ordinance is upheld on appeal, a certified copy of the ordinance
of vacation shall be recorded in the clerk's office. (State law
reference: Similar provisions, Code of Virginia, § 15.2-2272,
as amended.)
The recordation of an instrument or ordinance of vacation as provided in § 140-84 shall operate to destroy the force and effect of the recording of the plat or part thereof so vacated, and to vest fee simple title to the centerline of any streets, alleys or easements for public passage so vacated in the owners of abutting lots, and shall act to consolidate the vacated portions with the abutting lots, free and clear of any rights of the public or other owners of lots shown on the plat, but subject to the rights of the owners of any public utility installations which have been previously erected therein. If any such street, alley or easement for public passage is located on the periphery of the plat, such title, for the entire width thereof, shall vest in such abutting lot owners. The fee simple title to any portion of the plat so vacated as was set apart for other public use shall be revested in the owners, proprietors and trustees, if any, who signed the statement required by § 140-69 of this chapter, free and clear of any rights of public use in the same. (State law reference: Similar provisions, Code of Virginia, § 15.2-2274, as amended.)
The clerk of court shall write, in plain legible letters, across
each plat, or the part thereof, vacated pursuant to the provisions
of this article, the word "vacated" and also make reference on the
same to the volume and page in which the instrument of vacation is
recorded. (State law reference: Similar provisions, Code of Virginia,
§ 15.2-2276, as amended.)
A.
A subdivider may submit a replat of any previously recorded subdivision
or part thereof, whenever he desires to alter or amend such recorded
plat to reflect changes, alterations, or relocations of rights-of-way,
easements, or other interests conveyed to the County by the previous
plat, in order to cause such record plats accurately to reflect the
true locations of such features. Such replats shall be accepted and
reviewed by the Planning Office as other subdivision plats, and upon
approval may be recorded in the Clerk's Office as other plats
are recorded.
B.
The recordation of such replat shall operate to terminate and extinguish
all such rights-of-way, easements or other public interests except
to the extent shown on the replat; except that it shall not operate
to terminate or extinguish streets, alleys, or easements for public
passage shown on the original plat, which shall be subject to the
provisions of law with respect to vacations thereof, or interests
which the County has acquired by condemnation or by purchase for valuable
consideration and for which a separate instrument of record exists.
C.
The boundary lines of any lot or parcel may be relocated, eliminated,
or otherwise altered by an approved and recorded replat of said lines
upon application by the owner or owners of the lots or parcels affected
thereby; provided that such replat does not involve the relocation
or alteration of streets, alleys, easements for public passage, or
other public areas, and that no easements or utility rights-of-way
shall be relocated or altered without the express consent of all persons
holding any interest therein.
