2006 Code of Virginia § 15.2-2241 - Mandatory provisions of a subdivision ordinance

15.2-2241. Mandatory provisions of a subdivision ordinance.

A subdivision ordinance shall include reasonable regulations and provisionsthat apply to or provide:

1. For plat details which shall meet the standard for plats as adopted under 42.1-82 of the Virginia Public Records Act ( 42.1-76 et seq.);

2. For the coordination of streets within and contiguous to the subdivisionwith other existing or planned streets within the general area as tolocation, widths, grades and drainage, including, for ordinances andamendments thereto adopted on or after January 1, 1990, for the coordinationof such streets with existing or planned streets in existing or futureadjacent or contiguous to adjacent subdivisions;

3. For adequate provisions for drainage and flood control and other publicpurposes, and for light and air, and for identifying soil characteristics;

4. For the extent to which and the manner in which streets shall be graded,graveled or otherwise improved and water and storm and sanitary sewer andother public utilities or other community facilities are to be installed;

5. For the acceptance of dedication for public use of any right-of-waylocated within any subdivision or section thereof, which has constructed orproposed to be constructed within the subdivision or section thereof, anystreet, curb, gutter, sidewalk, bicycle trail, drainage or sewerage system,waterline as part of a public system or other improvement dedicated forpublic use, and maintained by the locality, the Commonwealth, or other publicagency, and for the provision of other site-related improvements required bylocal ordinances for vehicular ingress and egress, including trafficsignalization and control, for public access streets, for structuresnecessary to ensure stability of critical slopes, and for storm watermanagement facilities, financed or to be financed in whole or in part byprivate funds only if the owner or developer (i) certifies to the governingbody that the construction costs have been paid to the person constructingsuch facilities; (ii) furnishes to the governing body a certified check orcash escrow in the amount of the estimated costs of construction or apersonal, corporate or property bond, with surety satisfactory to thegoverning body or its designated administrative agency, in an amountsufficient for and conditioned upon the construction of such facilities, or acontract for the construction of such facilities and the contractor's bond,with like surety, in like amount and so conditioned; or (iii) furnishes tothe governing body a bank or savings institution's letter of credit oncertain designated funds satisfactory to the governing body or its designatedadministrative agency as to the bank or savings institution, the amount andthe form. The amount of such certified check, cash escrow, bond, or letter ofcredit shall not exceed the total of the estimated cost of construction basedon unit prices for new public or private sector construction in the localityand a reasonable allowance for estimated administrative costs, inflation, andpotential damage to existing roads or utilities, which shall not exceed 25percent of the estimated construction costs. "Such facilities," as used inthis section, means those facilities specifically provided for in thissection.

If a developer records a final plat which may be a section of a subdivisionas shown on an approved preliminary plat and furnishes to the governing bodya certified check, cash escrow, bond, or letter of credit in the amount ofthe estimated cost of construction of the facilities to be dedicated withinsaid section for public use and maintained by the locality, the Commonwealth,or other public agency, the developer shall have the right to record theremaining sections shown on the preliminary plat for a period of five yearsfrom the recordation date of the first section, or for such longer period asthe local commission or other agent may, at the approval, determine to bereasonable, taking into consideration the size and phasing of the proposeddevelopment, subject to the terms and conditions of this subsection andsubject to engineering and construction standards and zoning requirements ineffect at the time that each remaining section is recorded. In the event agoverning body of a county, wherein the highway system is maintained by theDepartment of Transportation, has accepted the dedication of a road forpublic use and such road due to factors other than its quality ofconstruction is not acceptable into the secondary system of state highways,then such governing body may, if so provided by its subdivision ordinance,require the subdivider or developer to furnish the county with a maintenanceand indemnifying bond, with surety satisfactory to the governing body or itsdesignated administrative agency, in an amount sufficient for and conditionedupon the maintenance of such road until such time as it is accepted into thesecondary system of state highways. In lieu of such bond, the governing bodyor its designated administrative agency may accept a bank or savingsinstitution's letter of credit on certain designated funds satisfactory tothe governing body or its designated administrative agency as to the bank orsavings institution, the amount and the form, or accept payment of anegotiated sum of money sufficient for and conditioned upon the maintenanceof such road until such time as it is accepted into the secondary system ofstate highways and assume the subdivider's or developer's liability formaintenance of such road. "Maintenance of such road" as used in thissection, means maintenance of the streets, curb, gutter, drainage facilities,utilities or other street improvements, including the correction of defectsor damages and the removal of snow, water or debris, so as to keep such roadreasonably open for public usage;

6. For conveyance of common or shared easements to franchised cabletelevision operators furnishing cable television and public servicecorporations furnishing cable television, gas, telephone and electric serviceto the proposed subdivision. Once a developer conveys an easement that willpermit electric, cable or telephone service to be furnished to a subdivision,the developer shall, within 30 days after written request by a cabletelevision operator or telephone service provider, grant an easement to thatcable television operator or telephone service provider for the purpose ofproviding cable television and communications services to that subdivision,which easement shall be geographically coextensive with the electric serviceeasement, or if only a telephone or cable service easement has been granted,then geographically coextensive with that telephone or cable serviceeasement; however, the developer and franchised cable television operator ortelephone service provider may mutually agree on an alternate location for aneasement. If the final subdivision plat is recorded and does not includeconveyance of a common or shared easement as provided herein, the localplanning commission or agent designated by the governing body to review andact on submitted subdivision plats shall not be responsible to enforce therequirements of this subdivision;

7. For monuments of specific types to be installed establishing street andproperty lines;

8. That unless a plat is filed for recordation within six months after finalapproval thereof or such longer period as may be approved by the governingbody, such approval shall be withdrawn and the plat marked void and returnedto the approving official; however, in any case where construction offacilities to be dedicated for public use has commenced pursuant to anapproved plan or permit with surety approved by the governing body or itsdesignated administrative agency, or where the developer has furnished suretyto the governing body or its designated administrative agency by certifiedcheck, cash escrow, bond, or letter of credit in the amount of the estimatedcost of construction of such facilities, the time for plat recordation shallbe extended to one year after final approval or to the time limit specifiedin the surety agreement approved by the governing body or its designatedadministrative agency, whichever is greater;

9. For the administration and enforcement of such ordinance, not inconsistentwith provisions contained in this chapter, and specifically for theimposition of reasonable fees and charges for the review of plats and plans,and for the inspection of facilities required by any such ordinance to beinstalled; such fees and charges shall in no instance exceed an amountcommensurate with the services rendered taking into consideration the time,skill and administrator's expense involved. All such charges heretofore madeare hereby validated;

10. For reasonable provisions permitting a single division of a lot or parcelfor the purpose of sale or gift to a member of the immediate family of theproperty owner in accordance with the provisions of 15.2-2244; and

11. For the periodic partial and final complete release of any bond, escrow,letter of credit, or other performance guarantee required by the governingbody under this section in accordance with the provisions of 15.2-2245.

(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, cc. 587, 737; 2002, c. 517; 2004, c. 952; 2006, c. 670.)