[Amended 12-14-2010 by Ord. No. 2010-14; 12-12-2023 by Ord. No. 2023-06]
Any owner or developer of any tract of land situated within Shenandoah County who subdivides the same shall cause a plat of such division, with reference to known or permanent monuments, to be made and recorded in the office of the clerk of the appropriate court. No such plat of subdivision shall be recorded unless and until it shall have been submitted, approved and certified by the agent in accordance with the regulations set forth in this chapter. No lot shall be sold in any such subdivision before the plat shall have been recorded. Preliminary plats may be drawn so as to constitute two or more groups of lots (sections or phases) which may then be recorded in two or more sequential phases, not more than one year apart. Such phases must be clearly marked on the plat, showing which lots are in each phase and the sequence in which the phases will be recorded. The agent may approve extensions of the one-year time limit for phasing. However, this provision does not negate the requirements of § 142-3.1.
Every such plat shall be prepared by a surveyor
or engineer, duly licensed by the State of Virginia, who shall endorse
upon each plat a certificate signed by him setting forth the source
of the title 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 outline of several tracts
shall be indicated upon such plat within an inset block or by means
of a dotted boundary line upon the plat.
Every such plat, or the deed of dedication to
which plat is attached, shall contain in addition to the surveyor's
or engineer's certificate a statement to the effect that "the above
and foregoing subdivision of (here insert correct description of the
land subdivided) as appears in this plat is with the free consent
and in accordance with the desire of the undersigned owners, proprietors
and trustees, if any," which shall be signed by the owners, proprietors
and trustees, if any, and shall be duly acknowledged before some officer
authorized to take acknowledgments of deeds and when thus executed
and approved as herein specified shall be filed and recorded in the
office of the clerk of the appropriate court and indexed under the
names of land owners signing such statement and under the name of
the subdivision.
This chapter bears no relation to any private
easement, covenant, agreement or restriction, nor is the responsibility
of enforcing such private easement, covenant, agreement or restriction
implied herein to any public official. When this chapter calls for
more restrictive standards than are required by private contract,
the provisions of this chapter shall control.
No change, erasure or revision shall be made
on any preliminary or final plat, nor on accompanying data sheets
after approval of the agent has been endorsed on the plat or sheets,
unless authorization for such changes has been granted in writing
by the agent.
The governing body shall establish, by resolution, a schedule of fees, charges, expenses and collection procedures for the review and approval of subdivision plats. This schedule is included in Chapter A170, Fees.
