[Amended 1-5-2000]
The agent appointed by the governing body is hereby delegated to administer this chapter. In so acting, the agent shall be considered the agent of the governing body, and approval or disapproval by the agent shall constitute approval or disapproval as though it were given by the governing body; provided, however, that approval of all final plats requiring a special exception, as delineated in Chapter 170, Zoning, of the Code of Rappahannock County, Code shall be given only by the governing body after review and recommendation by the agent and Commission. The approval of final plats which qualify for administrative approval otherwise (as allowed by Chapter 170, Zoning, of the Code of Rappahannock County) may be effected by the agent and the Commission after review and recommendations by the Health Department Official and the Highway Engineer; however, as provided in § 147-58B, subdivisions of three lots or less shall not require review or approval by the Commission and may be approved by the agent acting alone.
The agent shall perform his duties as regards subdivision and subdividing in accordance with this chapter, Chapter 170, Zoning, as amended, and all applicable provisions of the Code of Virginia 1950, as amended.
In the performance of duty, the agent may call
for opinions or decisions, either verbal or in writing, from other
departments in considering details of any submitted plat. This authority
by the agent shall have particular reference to the resident Highway
Engineer and the Health Department Official.
In addition to the regulations herein contained
for the platting of subdivisions, the agent may, from time to time,
establish any reasonable additional administrative procedures deemed
necessary for the proper administration of this chapter.
A.
Approval of any subdivision plat shall not be deemed
acceptance by the governing body of any street, public space or utility
shown on the plat for the maintenance, repair or operation thereof
unless such acceptance is expressly indicated on the final plat. No
private or public easement shall be accepted for dedication for public
use unless and until such proposed dedication shall first have been
formally approved by the governing body (with like acceptance by the
Virginia Department of Transportation, where applicable) and evidence
of such approval shown on the instrument of record.
B.
The acceptance of dedication for public use of any
right-of-way located within any subdivision which has constructed
therein or proposed to be constructed therein any street, curb, gutter,
sidewalk, drainage or sewerage system or other improvement financed
or to be financed in whole or in part by private funds shall be permitted
only if the owner or developer:
(1)
Certifies to the governing body that the construction
costs have been paid to the person constructing such facilities; or
(2)
Furnishes the governing body a certified check in
the amount of the estimated costs of construction or a bond, with
surety conditioned upon the construction of such facilities, or a
contract for the construction of such facilities and the contractor's
bond, with like surety, in like amount and so conditioned.
