2006 Code of Virginia § 15.2-2242 - Optional provisions of a subdivision ordinance

15.2-2242. Optional provisions of a subdivision ordinance.

A subdivision ordinance may include:

1. Provisions for variations in or exceptions to the general regulations ofthe subdivision ordinance in cases of unusual situations or when strictadherence to the general regulations would result in substantial injustice orhardship.

2. A requirement (i) for the furnishing of a preliminary opinion from theapplicable health official regarding the suitability of a subdivision forinstallation of subsurface sewage disposal systems where such method ofsewage disposal is to be utilized in the development of a subdivision and(ii) that all buildings constructed on lots resulting from subdivision of alarger tract that abuts or adjoins a public water or sewer system or mainshall be connected to that public water or sewer system or main subject tothe provisions of 15.2-2121.

3. A requirement that, in the event streets in a subdivision will not beconstructed to meet the standards necessary for inclusion in the secondarysystem of state highways or for state street maintenance moneys paid tomunicipalities, the subdivision plat and all approved deeds of subdivision,or similar instruments, must contain a statement advising that the streets inthe subdivision do not meet state standards and will not be maintained by theDepartment of Transportation or the localities enacting the ordinances.Grantors of any subdivision lots to which such statement applies must includethe statement on each deed of conveyance thereof. However, localities intheir ordinances may establish minimum standards for construction of streetsthat will not be built to state standards.

For streets constructed or to be constructed, as provided for in thissubsection, a subdivision ordinance may require that the same procedure befollowed as that set forth in provision 5 of 15.2-2241. Further, thesubdivision ordinance may provide that the developer's financial commitmentshall continue until such time as the local government releases suchfinancial commitment in accordance with provision 11 of 15.2-2241.

4. Reasonable provision for the voluntary funding of off-site roadimprovements and reimbursements of advances by the governing body. If asubdivider or developer makes an advance of payments for or construction ofreasonable and necessary road improvements located outside the propertylimits of the land owned or controlled by him, the need for which issubstantially generated and reasonably required by the construction orimprovement of his subdivision or development, and such advance is accepted,the governing body may agree to reimburse the subdivider or developer fromsuch funds as the governing body may make available for such purpose fromtime to time for the cost of such advance together with interest, which shallbe excludable from gross income for federal income tax purposes, at a rateequal to the rate of interest on bonds most recently issued by the governingbody on the following terms and conditions:

a. The governing body shall determine or confirm that the road improvementswere substantially generated and reasonably required by the construction orimprovement of the subdivision or development and shall determine or confirmthe cost thereof, on the basis of a study or studies conducted by qualifiedtraffic engineers and approved and accepted by the subdivider or developer.

b. The governing body shall prepare, or cause to be prepared, a reportaccepted and approved by the subdivider or developer, indicating thegovernmental services required to be furnished to the subdivision ordevelopment and an estimate of the annual cost thereof for the period duringwhich the reimbursement is to be made to the subdivider or developer.

c. The governing body may make annual reimbursements to the subdivider ordeveloper from funds made available for such purpose from time to time,including but not limited to real estate taxes assessed and collected againstthe land and improvements on the property included in the subdivision ordevelopment in amounts equal to the amount by which such real estate taxesexceed the annual cost of providing reasonable and necessary governmentalservices to such subdivision or development.

5. In a county having the urban county executive form of government, in anycity located within or adjacent thereto, or any county adjacent thereto or atown located within such county, in any county with a population between57,000 and 57,450, or in any county with a population between 60,000 and63,000, and in any city with a population between 140,000 and 160,000,provisions for payment by a subdivider or developer of land of a pro ratashare of the cost of reasonable and necessary road improvements, locatedoutside the property limits of the land owned or controlled by him butserving an area having related traffic needs to which his subdivision ordevelopment will contribute, to reimburse an initial subdivider or developerwho has advanced such costs or constructed such road improvements. Suchordinance may apply to road improvements constructed after July 1, 1988, in acounty having the urban county executive form of government; in a citylocated within or adjacent to a county having the urban county executive formof government, or in a county adjacent to a county having the urban countyexecutive form of government or town located within such county and in anycounty with a population between 57,000 and 57,450, or in any county with apopulation between 60,000 and 63,000, such ordinance may only apply to roadimprovements constructed after the effective date of such ordinance.

Such provisions shall provide for the adoption of a pro rata reimbursementplan which shall include reasonable standards to identify the area havingrelated traffic needs, to determine the total estimated or actual cost ofroad improvements required to adequately serve the area when fully developedin accordance with the comprehensive plan or as required by profferedconditions, and to determine the proportionate share of such costs to bereimbursed by each subsequent subdivider or developer within the area, withinterest (i) at the legal rate or (ii) at an inflation rate prescribed by agenerally accepted index of road construction costs, whichever is less.

For any subdivision ordinance adopted pursuant to provision 5 of this sectionafter February 1, 1993, no such payment shall be assessed or imposed upon asubsequent developer or subdivider if (i) prior to the adoption of a pro ratareimbursement plan the subsequent subdivider or developer has profferedconditions pursuant to 15.2-2303 for offsite road improvements and suchproffered conditions have been accepted by the locality, (ii) the localityhas assessed or imposed an impact fee on the subsequent development orsubdivision pursuant to Article 8 ( 15.2-2317 et seq.) of Chapter 22, or(iii) the subsequent subdivider or developer has received final site plan,subdivision plan, or plan of development approval from the locality prior tothe adoption of a pro rata reimbursement plan for the area having relatedtraffic needs.

The amount of the costs to be reimbursed by a subsequent developer orsubdivider shall be determined before or at the time the site plan orsubdivision is approved. The ordinance shall specify that such costs are tobe collected at the time of the issuance of a temporary or final certificateof occupancy or functional use and occupancy within the development,whichever shall come first. The ordinance also may provide that the requiredreimbursement may be paid (i) in lump sum, (ii) by agreement of the partieson installment at a reasonable rate of interest or rate of inflation,whichever is less, for a fixed number of years, or (iii) on such terms asotherwise agreed to by the initial and subsequent subdividers and developers.

Such ordinance provisions may provide that no certificate of occupancy shallbe issued to a subsequent developer or subdivider until (i) the initialdeveloper certifies to the locality that the subsequent developer has madethe required reimbursement directly to him as provided above or (ii) thesubsequent developer has deposited the reimbursement amount with the localityfor transfer forthwith to the initial developer.

6. Provisions for establishing and maintaining access to solar energy toencourage the use of solar heating and cooling devices in new subdivisions.The provisions shall be applicable to a new subdivision only when sorequested by the subdivider.

7. Provisions, in any town with a population between 14,500 and 15,000,granting authority to the governing body, in its discretion, to use fundsescrowed pursuant to provision 5 of 15.2-2241 for improvements similar tobut other than those for which the funds were escrowed, if the governing body(i) obtains the written consent of the owner or developer who submitted theescrowed funds; (ii) finds that the facilities for which funds are escrowedare not immediately required; (iii) releases the owner or developer fromliability for the construction or for the future cost of constructing thoseimprovements for which the funds were escrowed; and (iv) accepts liabilityfor future construction of these improvements. If such town fails to locatesuch owner or developer after making a reasonable attempt to do so, the townmay proceed as if such consent had been granted. In addition, the escrowedfunds to be used for such other improvement may only come from an escrow thatdoes not exceed a principal amount of $30,000 plus any accrued interest andshall have been escrowed for at least five years.

8. (Effective until July 1, 2007) Provisions for clustering of single-familydwellings and preservation of open space developments, which provisions shallcomply with the requirements and procedures set forth in subdivision A 12 of 15.2-2286.

8. (Effective July 1, 2007) Provisions for clustering of single-familydwellings and preservation of open space developments, which provisions shallcomply with the requirements and procedures set forth in 15.2-2286.1.

9. Provisions requiring that where a lot being subdivided or developed frontson an existing street, and adjacent property on either side has an existingsidewalk, a locality may require the dedication of land for, and constructionof, a sidewalk on the property being subdivided or developed, to connect tothe existing sidewalk. Nothing in this paragraph shall alter in any way anyauthority of localities or the Department of Transportation to requiresidewalks on any newly constructed street or highway.

10. Provisions for requiring and considering Phase I environmental siteassessments based on the anticipated use of the property proposed for thesubdivision or development that meet generally accepted national standardsfor such assessments, such as those developed by the American Society forTesting and Materials, and Phase II environmental site assessments, that alsomeet accepted national standards, such as, but not limited to, thosedeveloped by the American Society for Testing and Materials, if the localitydeems such to be reasonably necessary, based on findings in the Phase Iassessment, and in accordance with regulations of the United StatesEnvironmental Protection Agency and the American Society for Testing andMaterials. A reasonable fee may be charged for the review of suchenvironmental assessments. Such fees shall not exceed an amount commensuratewith the services rendered, taking into consideration the time, skill, andadministrative expense involved in such review.

11. Provisions for requiring disclosure and remediation of contamination andother adverse environmental conditions of the property prior to approval ofsubdivision and development plans.

(Code 1950, 15-781, 15-967.1; 1950, p. 183; 1962, c. 407, 15.1-466;1970, c. 436; 1973, cc. 169, 480; 1975, c. 641; 1976, c. 270; 1978, cc. 429,439, 440; 1979, cc. 183, 188, 395; 1980, cc. 379, 381; 1981, c. 348; 1983,cc. 167, 609; 1984, c. 111; 1985, cc. 422, 455; 1986, c. 54; 1987, c. 717;1988, cc. 279, 735; 1989, cc. 332, 393, 403, 495; 1990, cc. 170, 176, 287,708, 973; 1991, cc. 30, 47, 288, 538; 1992, c. 380; 1993, cc. 836, 846, 864;1994, c. 421; 1995, cc. 386, 388, 389, 452, 457, 474; 1996, cc. 77, 325, 452,456; 1997, c. 587; 2000, cc. 652, 711; 2002, c. 703; 2005, c. 567; 2006, cc.421, 514, 533, 903.)