[Amended 5-22-2007 by Ord. No 2007-10; 12-12-2023 by Ord. No. 2023-06]
Whenever any subdivision of land is proposed, and before any
permit for the erection of a structure shall be granted, the subdivider
or their agent shall apply in writing to the agent for the approval
of the subdivision plat and submit two copies of the preliminary plat,
including the lot, street and utilities layout. The agent shall approve
or deny the preliminary plat. Once a preliminary plat has been approved,
the applicant shall submit five copies of a final plat to the agent
within six months of preliminary plat approval. The agent shall approve
or deny the plat. No lot shall be sold until a final plat for the
subdivision shall have been approved and recorded.
[Added 12-12-2023 by Ord. No. 2023-06]
A.
Deed of dedication. The subdivider shall be required to submit a
deed of dedication to the Subdivision Administrator for review, approval,
and acceptance prior to the approval of any final plat which provides
for public improvements, including without limitation streets and
public utilities.
B.
Variations. The agent may, but shall not be required to, approve a variation in or exception to any of the requirements of Article V, as authorized by Code of Virginia, § 15.2-2242(1), in cases of unusual situations or when strict adherence to the general regulations would result in substantial injustice or hardship.
[1]
Editor's Note: Former § 142-44,
Preliminary sketch, was repealed 6-27-2006 by Ord. No. 2006-9.
[Amended 5-22-2007 by Ord. No 2007-10; 12-14-2010 by Ord. No. 2010-14; 12-12-2023 by Ord. No. 2023-06]
A.
The subdivider shall present to the agent two prints of a preliminary
layout at a scale no smaller than 100 feet to the inch as a preliminary
plat. The preliminary plat shall include the following information:
(1)
Name of subdivision, owner, subdivider, surveyor or engineer, original
Tax Map parcel identification number(s), date of drawing, number of
sheets, North point and graphic scale. If the true North is used,
method of determination must be shown. The plat shall also show the
signature of all owner(s) and the seal of the engineer or surveyor.
(2)
Location of proposed subdivision by an inset map at a scale of not
less than two inches equals one mile showing adjoining roads, their
names and numbers, towns, subdivisions and other landmarks.
(3)
The boundary survey or existing survey of record, provided that such
survey shows a closure with an accuracy of not less than one in 2,500;
total acreage, acreage of subdivided area, number and approximate
area and frontage of all building sites, existing buildings within
the boundaries of the tract, names of owners and their property lines
within the boundaries of the tract.
(4)
All existing, platted and proposed streets and private alleys, their
names, number and widths; existing utility or other easements, public
areas and parking spaces, culverts and drains and cemeteries, graves
or other object or structure marking a place of burial, their names
and other pertinent data.
(5)
The complete drainage layout, including all pipe sizes, types, drainage
easements, stormwater management facilities and means of transporting
the drainage to a well-defined open stream which is considered natural
drainage, with drainage calculations and design details.
(6)
A cross section showing the proposed street construction, depth and
type of base, type of surface, etc.
(7)
A profile of contour map showing the proposed grades for the streets
and drainage facilities, including elevations of existing and proposed
ground surface at all street intersections and at points of major
grade change along the center line of streets together with proposed
grade lines connecting therewith.
(8)
A location map tying the subdivision into the County's present
road system, either by aerial photographs or topographic maps of the
United States Department of the Interior.
(9)
Proposed connections with existing sanitary sewers and existing water
supply or alternate means of sewerage disposal and water supply.
(10)
All parcels of land to be dedicated for public use and the conditions
of such dedication.
(11)
An approved sedimentation and erosion control plan.
(12)
Zoning and current use of the subject property, description
of area, frontage, yard, building coverage, height, parking, open
space and other requirements of the zone, and tabulation of how the
subdivision meets such requirements.
(13)
Names of owners, zoning classification and existing use of all
adjacent properties.
(14)
Natural features of the land, including streams, rivers, watercourses,
ponds, sinkholes and wooded areas, and for plats of open space cluster
developments, 100-year floodplain, steep slopes greater than 15%,
dam break inundation zones, historic structures, and wetlands.
(15)
Delineation of the approximate 100-year floodplain as shown
on the Shenandoah County Flood Insurance Rate Map (1978) or as delineated
by a flood study prepared and certified by a licensed professional
engineer.
(16)
Signature line for the agent.
(17)
For plats of open space cluster developments, the location on
each lot of the building envelope for the principal structure.
B.
Procedure.
(1)
The agent or their appointed representative shall discuss the preliminary
plat with the subdivider in order to determine whether or not their
preliminary plat generally conforms to the requirements of this chapter.
(2)
The subdivider shall then be advised in writing within 45 days, which
may be by formal letter or by legible markings on their copy of the
preliminary plat, concerning any additional data that may be required,
the character and extent of public improvements that will have to
be made, and an estimate of the cost of the construction or improvements
and the amount of the performance bond which will be required as a
prerequisite to approval of the final subdivision plat. In determining
the cost of the required improvements and the amount of the performance
bond, the agent may consult with a duly licensed engineer who shall
prepare this data for the agent, or preferably may require a bona
fide estimate of the cost of improvements to be furnished by the subdivider.
(3)
The subdivider shall then submit two copies of a preliminary plat
for the agent's review, who will approve or deny the preliminary
plat.
Approval by the agent of the preliminary plat
does not constitute a guaranty of approval of the final plat.
The subdivider shall have not more than six
months after receiving official notification concerning the preliminary
plat to file with the agent a final subdivision plat in accordance
with this chapter. Failure to do so shall make the preliminary approval
null and void. The agent may, if the preliminary approval is not null
and void, on written request by the subdivider, grant an extension
of this time limit.
[Amended 5-22-2007 by Ord. No 2007-10; 12-12-2023 by Ord. No. 2023-06]
A.
The subdivider shall submit five copies of a final plat to the agent.
The agent will review the final plat and deny or approve the final
plat.
B.
The subdivision plats submitted for final approval and subsequent
recording shall be clearly and legibly drawn, at a scale no smaller
than 100 feet to the inch, on sheets having a size of 8 1/2 inches
by 14 inches. In addition to the requirements of the preliminary plat,
the final plat shall include the following:
(1)
Certificates signed by the surveyor or engineer setting forth the
source of title of the owners of the land subdivided and the place
of record of the last instrument in the chain of title.
(2)
A statement to the effect that the subdivision as it appears on this
plat is with the free consent and in accordance with the desires of
the owners, proprietors and trustees, if any, which shall be signed
by such owners, proprietors and trustees, if any, and shall be duly
acknowledged before some officer authorized to take the acknowledgment
of deeds.
(3)
When the subdivision consists of land acquired from more than one
source of title, the outlines of the various tracts shall be indicated
by dash lines and identification of the respective tracts shall be
placed on the plat.
(4)
The accurate location and dimensions by bearings and distances with all curve data on all lots and street lines and center line of streets, boundaries of all proposed or existing easements, parks, school sites or other public areas, the number and area of all building sites, all existing public and private streets, their names, numbers and widths, existing utilities and those to be provided such as sanitary sewers, storm drains, water mains, manholes and underground conduits, including their size and type, watercourses and their names, names of owners and their property lines, both within the boundary of the subdivisions and adjoining said boundaries. Plans for control siltation and erosion during development, pursuant to the requirements of Chapter 87, Erosion and Sediment Control, shall accompany the plat.
(5)
Distances and bearings which must balance and close with an accuracy
of not less than one in 5,000.
(6)
The data of all curves along the street frontage, shown in detail
at the curve or in a curve data table containing the following: Delta,
radius, arc, tangent, chord and chord bearings.
(7)
Provision on each page of each copy of a plat for dating and initialing
by each approving officer.
[Amended 5-22-2007 by Ord. No 2007-10; 12-12-2023 by Ord. No. 2023-06]
A.
The plat shall not be approved until the subdivider has complied
with the general requirements and minimum standards of design in accordance
with this chapter and has made satisfactory arrangements for a performance
bond to cover the cost of necessary improvements in lieu of construction
to the satisfaction of the agent. Approval of the final plat shall
be written on the face of the plat by the agent. The subdivider shall
record the plat within six months after final approval; otherwise
the agent shall mark the plat "void" and notify the Clerk of the Court.
The six-month time period shall start the date the agent approves
the final plat.
B.
However, in any case where construction of facilities to be dedicated for public use has commenced pursuant to an approved plan or permit with surety approved by the agent, or where the developer has furnished surety to the agent by certified check, cash escrow, bond or letter of credit in the amount required under § 142-29, the time for plat recordation shall be extended to one year after final approval or to the time limit specified in the surety agreement approved by the agent, whichever is greater.
C.
If a developer records a final plat which may be a section of a subdivision as shown or an approved preliminary plat and furnishes to the agent a certified check, cash escrow, bond or letter of credit in the amount required under § 142-29, the developer shall have the right to record the remaining sections shown on the preliminary plat for a period of five years from the recordation date of the first section, subject to the engineering and construction standards and zoning requirements in effect at the time that each remaining section is recorded.
For one- and two-lot subdivision, a simplified
plat shall be submitted for approval. Such simplified plat shall serve
as both the preliminary and final plat and shall include at least
the following information:
A.
Bearings and distances of all property lines.
B.
Area in square feet or acres.
C.
Type of monuments at property corners, and indicate
whether set or found.
D.
Center or boundary lines, widths and route number
or adjoining highways and distance to the nearest highway intersection.
E.
The right-of-way and distance to the highway (for
lots not bordering a highway).
F.
North directional arrow (indicate whether magnetic
or true North).
G.
Scale shall conform to the requirements of this chapter.
H.
Names of adjoining property owners.
I.
Name of present landowner and reference (deed book,
page number, etc.).
J.
Existing buildings, wells and septic systems.
K.
Delineation of the approximate one-hundred-year floodplain
as shown on the Shenandoah County Flood Insurance Rate Map (1978)
or as delineated by a flood study prepared and certified by a licensed
professional engineer.
L.
Date surveyed, state certified surveyor's or engineer's
seal.
M.
Signature(s) of all owner(s), proprietors and trustees,
if any, of any parcels affected by the plat.
N.
Certificate of approval for Virginia Department of
Transportation, Health Department, agent of County governing body.
O.
A note on the plat describing the requirement for, and dimensions of, any required turnaround, in accord with § 142-20I(2)(b).
[Added 12-14-2010 by Ord. No. 2010-14]
Simplified plats shall be submitted in five
copies as follows:
[Amended 12-12-2023 by Ord. No. 2023-06]
All subdivisions submitted for approval which
are not for development purposes shall include the following certification:
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DECLARATION OF INTENT OF SUBDIVISION I hereby
certify that the intent of the plat of subdivision shown hereon is
for acquisition of additional acreage for property enlargement, readjustment
of property lines and/or correction of deed discrepancies, and not
for the development of the same. Any plans for development of this
land will be submitted to the Subdivision Administrator in accordance
with the rules and regulations of Shenandoah County.
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