Town of Stanley, VA Article IV Submission and Review Procedures

§ 170-9 Approval required; conditions.

Whenever any subdivision of land is proposed, before any contract is made for the sale of any part thereof and before any permit for the erection of a structure in such proposed subdivision shall be granted, the applicant or his agent authorized in writing shall apply for and secure approval and endorsement of such proposed subdivision and such subdivision shall be recorded in the office of the Clerk of the Circuit Court.

A. Unsuitable sites.

(1) The Town shall not approve the subdivision of land if from adequate investigations conducted by all public agencies concerned in accordance with these regulations, it has been determined that in the best interest of the public, the site is not suitable for platting and development purposes of the kind proposed. Provisions of this chapter shall be relied upon to determine suitability.

(2) Land within a one-hundred-year floodplain or known to be subject to flooding and land deemed to be topographically or geologically unsuitable shall not be platted for residential occupancy nor for such other uses as may increase danger to health, life or property or aggravate erosion. Such land within the subdivision shall be set aside on the plat for such uses as shall not be endangered by periodic or occasional inundation or erosion and shall not produce conditions contrary to the public welfare.

B. Hereafter, all plans for the subdivision of land within the corporate limits of the Town of Stanley shall be reviewed by the Town Planning Commission and other Town, state or other officials as deemed necessary and shall be approved or disapproved by the Town Council in accordance with procedures specified in these regulations. The provisions and requirements of these regulations shall apply to and control all land subdivisions which have not been recorded in the office of the Clerk of the Circuit Court in and for the County of Page, Commonwealth of Virginia, prior to the effective date of these regulations; provided, however, that any change in a recorded plat shall constitute a resubdivision and shall make said plat subject to any and all of the regulations in this chapter.

§ 170-10 Exemptions.

Any proposed divider who contends that such proposed division of land is exempted from the provisions of this chapter shall submit to the Clerk of the Commission a plat of the proposed division or other documents or other evidence satisfactory to the Clerk of the Commission in determining that such proposed division is exempt. If in the opinion of the Clerk the proposed division is exempt, such shall be certified on said plat or on the deed of conveyance by which the property is to be divided and shall be signed by the Clerk. No person shall record a plat or conveyance for the division of land without compliance with the provisions of this chapter and without the Clerk's certificate as required herein.

§ 170-11 Sketch plat.

A. Submission of sketch plat (optional).

(1) Plat to be filed with the administrator. The applicant may, if he so chooses, submit to the administrator a sketch plat of the proposed subdivision prior to his preparation of engineered preliminary and final plat. The purpose of such sketch is to permit the administrator and Town Planning Commission to advise the applicant whether his plans, in general, are in accordance with the requirements of this chapter. The Commission, upon submission of any sketch plat, shall study it and advise the applicant wherein it appears that changes would be necessary. The Commission may mark the sketch plat, indicating necessary changes, and any such marked copy shall be returned to the subdivider. Plats shall fully comply with requirements of Article V, § 170-14, of these regulations.

(2) Number of copies. Two legible black-line or blue-line paper prints (which may be prepared in ink or pencil) of the sketch plat shall be required for this optional submission.

B. Review of sketch plat.

(1) A sketch plat shall be considered a submission for informal discussion between the applicant and the Town. Submission of a sketch plat shall not constitute official submission of a plat to the Town.

(2) Review by the Town Planning Commission.

(a) When a sketch plat has been submitted to the administrator, the plat shall be reviewed by the Town Planning Commission at its next scheduled meeting, provided that such submission has occurred no less than seven calendar days prior to the scheduled meeting.

(b) Such submission shall include application forms available at the office of the administrator.

(c) The Planning Commission shall study the sketch plat, taking into consideration the requirements of the subdivision regulations (see Article VI) and the best use of the land being subdivided. Particular attention will be given to the arrangement, location and width of streets, their relation to the topography of the land, sewage disposal, drainage, lot sizes and lot arrangement, the further development of adjoining lands as yet unsubdivided, the guidelines for the Town Comprehensive Plan, if one exists, and the requirements of other plans and ordinances as adopted by the Town.

(d) The Planning Commission may seek the advice of other officials or consultants in reviewing a sketch plat.

(e) Within 30 calendar days after the meeting at which the sketch plat is reviewed by the Town Planning Commission, the administrator shall send written notice of the Planning Commission's action, including changes or modifications, and what environmental protection analyses, plans, development controls or other information it may require as a condition for approval of later subdivision plat submissions. Such notice shall be sent to the applicant or his agent and the Town Council. The Planning Commission and/or Town Council may require additional changes as a result of further study of the subdivision at the time of submission and review of preliminary and/or final plats.

§ 170-12 Preliminary plat.

A. Official submission of preliminary plat (mandatory).

(1) Plat to be filed with the administrator. Copies of the preliminary plat and all required supporting data shall be officially submitted to the administrator by the applicant or his representative authorized in writing to submit the plat. The preliminary plat shall be considered the first official submission of a plat for subdivision. If a sketch plat has not been submitted, the subdivider should confer with the administrator or Planning Commission as to the proper procedures for filing and obtaining approval of plats. Plats shall fully comply with the requirements of Article V, § 170-15, of this chapter. The subdivider should also contact the Virginia Department of Transportation to obtain design and construction standards, the Department of Health regarding water and sewer system design standards and/or the State Water Control Board concerning public sewage system design standards.

(2) Official submission of the preliminary plat by the applicant to the administrator shall consist of:

(a) Two completed copies of the application for review of preliminary subdivision plat available at the office of the administrator.

(b) Ten legible black-line or blue-line paper prints of the preliminary plat as described in these regulations.

(c) Ten copies of all other information as required by § 170-15.

(3) Filing fee. The administrator shall collect a nonrefundable filing fee as established by the governing body for all subdivisions. Fees shall be charged in order to cover the costs of examining all plats and other expenses incidental to the approval of subdivisions. The applicant shall pay the fee at the time of filing of application for approval of a preliminary plat. The filing fee shall be $50 for each plat filed.

(4) Distribution of preliminary plat by the administrator (black-line or blue-line prints): three copies to Town Planning Commission, three copies to the Virginia Department of Transportation, four copies to the State Health Department (County Office).

B. Review of preliminary plat.

(1) Review by the Town Planning Commission.

(a) When a preliminary plat drawn in accordance with § 170-15 has been officially submitted, such plat shall be reviewed by the Town Planning Commission at its next regularly scheduled meeting, provided that such submission has occurred no less than seven calendar days prior to such meeting. At the discretion of the Planning Commission, the plat may be reviewed at a special meeting.

(b) During review of the preliminary plat, the Town Planning Commission shall seek the advice of the Town Zoning Administrator, if applicable, the Health Department, the Virginia Department of Transportation and other officials or consultants, as required, before making its decision on the plat. Such review shall ensure that the preliminary plat is in accordance with the requirements of this chapter (see Article VI), the streets in the proposed subdivision are designed to fit into the existing street system and no harmful effects are created for the present and future residents of the Town. All subdivisions shall be reviewed considering the policies of the Town Comprehensive Plan and the requirements and recommendations of all the plans and ordinances of the Town.

(2) Notification of decision.

(a) If the preliminary plat is approved or disapproved or the Commission deems changes or modifications of the plat submitted are advisable or necessary in the public interest, such decision, the reasons therefor and the chapter sections relied upon shall be put in written form by the administrator. Such notice shall be sent to the following:

[1] The applicant or his agent.

[2] The Town Council.

[3] The Town Engineer, if applicable, or Highway Resident Engineer.

(b) Such report shall be only a notification of Planning Commission activity to the governing body. Such report may also include an estimate of the cost of construction of all improvements as required by this chapter and the amount of the performance bond which may be required as prerequisite for approval of the final subdivision plat. See § 170-13A(2)(c)[5]. In determining the cost of required improvements and the amount of the performance bond, the Commission may consult with a duly licensed engineer, who shall prepare this data for the Commission, or the Commission may require an estimate of the cost of improvements, prepared and certified by a duly licensed engineer, to be furnished by the applicant.

(c) One copy of the plat with all comments shall be maintained for the permanent records of the Town, and one copy shall be sent to the applicant or his agent.

(3) The Town Planning Commission shall render its decision and communicate it to the applicant no later than 45 days after application for review is officially reviewed for the first time by the Commission at its meeting. Failure of the Planning Commission to render such a decision and communicate it to the applicant within the time and in the manner required shall be deemed an approval unless the Town requests an extension of time and the applicant has agreed in writing to such extension.

(4) If the Planning Commission requires changes to the preliminary plat, the Planning Commission shall approve or disapprove the plat at its next regularly scheduled meeting, provided that such changes are made to the satisfaction of the Planning Commission, and communicate such decision forthwith; provided, however, that the resubmission has occurred no less than seven days prior to such meeting.

(5) Approval of preliminary plat shall not constitute acceptance of a subdivision for recording and does not constitute a guaranty of approval of the final plat. Approval is only an expression of approval of a general plan to be used in preparing the final subdivision plat for final approval and recording upon fulfillment of all requirements of these regulations.

(6) When a preliminary plan has been approved or approved subject to conditions, no subsequent changes or amendments in the zoning, subdivision or other governing ordinance or plan shall be applied to adversely affect the right of the applicant to commence and to complete any item for which the approval was granted. If such ordinance is amended after preliminary approval of such plat, the plat will rendered nonconforming and will be subject to all requirements placed on such nonconformities.

§ 170-13 Final plat.

A. Official submission of final plat (mandatory). Within six months of Town Planning Commission approval of the preliminary plat, a final plat shall be officially submitted to the administrator. However, an extension of time may be granted by the Planning Commission upon written request. Final plats submitted after this expiration of time for which no time extension has been granted shall be considered as a new preliminary plat and subject to all regulations in effect at the time of submission. The final plat shall conform in all respects to the preliminary plat as previously reviewed by the Town Planning Commission and shall incorporate all modifications required by the Town in its review of the preliminary plat.

(1) Plat to be filed with the administrator. Five copies of the final plat and all required supporting data shall be officially submitted to the administrator by the applicant or his representative authorized in writing to submit the plat. Plats should fully comply with the requirements of Article V, § 170-16, of these regulations.

(2) Official submission of the final plat by the applicant to the administrator shall consist of:

(a) Two completed copies of the application for review of final subdivision plat available in the office of the administrator.

(b) Five legible black-line or blue-line paper prints of the final plat which shall comply with these regulations.

(c) Five copies of all other required information, including but not limited to the following, if applicable:

[1] All offers of dedication and covenants governing the reservation and maintenance of undedicated open space, which shall bear the certificate of approval of the Town Attorney as to their legal sufficiency.

[2] Such deed restrictions as may be imposed upon the property as a condition of sale, together with a statement of any restrictions previously imposed which may affect the title to the land being subdivided.

[3] Certificate of appropriate approval of the State Health Department and/or State Water Control Board, when required, for the water supply or sanitary sewage disposal system(s) for a proposed subdivision. If individual on-site sewage disposal systems are to be used, the applicant shall submit Health Department tentative approval of each lot in the subdivision as having a suitable site for a septic system at the stated lot size. This shall be done on a lot-by-lot basis. This tentative approval does not guarantee the issuance of a permit for a septic system when construction occurs. The State Health Department reserves the right to withdraw any tentative approval at the time a permit for a septic system is applied for.

[4] Virginia Department of Transportation approval of roads and drainage systems.

[5] The performance bond, if required, in a form satisfactory to the Town Attorney and in an amount established by the Planning Commission upon recommendation of a designated engineer, which shall include a provision that the principal of the bond shall comply with all the terms of the final subdivision plat approval as determined by the Town and shall include, but not be limited to, the performance of all required subdivision and off-site improvements or parts thereof. All improvements and land included in the irrevocable offer of dedication shall be dedicated to the Town free and clear of all liens and encumbrances on the premises. See Article VI, § 170-17D.

B. Review of the final plat.

(1) Review by the Town Planning Commission.

(a) When a final plat drawn in accordance with Article V has been officially submitted, such plat shall be reviewed by the Town Planning Commission at its next regularly scheduled meeting, provided that such submission has occurred no less than seven calendar days prior to such meeting. At the discretion of the Planning Commission the plat may be reviewed at a special meeting.

(b) The Planning Commission shall ensure that all requirements of this chapter (see Article VI) and other Town ordinances are met and that appropriate changes to the preliminary plat have been made, as required by the Planning Commission.

(c) If the review is favorable, the Planning Commission shall authorize its Chairman, with the Secretary so attesting, to endorse the record plat and one other paper print with "Reviewed and Approved by the Town Planning Commission," together with the date of such action, record such action in the minutes and forward to the Town Council.

(d) The record plat and one other paper print shall be forwarded to the Town Council.

(e) If the final plat is not approved, the reasons for such disapproval shall be transmitted in writing to the Town Council. Such disapproval shall be forwarded with the final plat for review by the Town Council.

(2) Review by Town Council.

(a) The Town Council shall not approve any plats until such plats comply with all Town ordinances or until such modifications are made as needed. If not approved, the Council shall return the plat to the subdivider with the deficiencies indicated thereon.

(b) Before acting on a final plat, the Council may arrange for a public hearing with notice as provided for in § 15.1-431, Code of Virginia.[1]

[1] Editor's Note: See now § 15.2-2204, Code of Virginia.

(c) If the Town Council approves the final plat, the record plat shall be endorsed "Approved by the Town Council of the Town of Stanley" and signed by the Mayor and the Clerk, together with the date of action.

(d) A performance guaranty, cash or other bond or a certificate of satisfactory installation of improvements as required shall be submitted before the final plat is finally approved and endorsed. See Article VI, § 170-17D.

(e) The Town Council shall communicate the result of its review of the final plat to the applicant or his agent and the Planning Commission no later than 60 days after the application to review the plat was officially submitted for approval at the Planning Commission's review meeting.

(f) Should the Town not comply with Subsection B(2)(e) above, the applicant may take action in accordance with § 15.1-475, Code of Virginia, as amended.[2]

[2] Editor's Note: Title 15.1 of the Virginia Code was repealed by Acts 1997, c. 587, effective 12-1-1997. For the provisions of former § 15.1-475, see now §§ 15.2-2258 through 15.2-2261.

C. Recording of final plat.

(1) After approval by Town Council and with all endorsements indicated on the record plat, the subdivider shall record his record plat in the office of the Clerk of the Circuit Court. No subdivision plat may be legally recorded unless it bears the Town approval and seal.

(2) Such plat shall be filed and recorded in the office of the Clerk of the Circuit Court, where deeds are admitted to record for the lands contained in the plat, and indexed in the general index to deeds under the names of the owners of lands signing such plat and under the name of the subdivision.

(3) Any plat not recorded within six months after final approval by Town Council shall be considered void, and such approval shall be considered withdrawn.

(4) The recordation of such plat shall operate to transfer, in fee simple, to the Town such portion of the premises platted as is on such plat set apart for streets, alleys or other public use and to transfer to the Town any easement indicated on such plat to create a public right of passage over the same; but nothing contained in this section shall affect any right of a subdivider of land heretofore validly reserved, provided that where the authorized officials of the Town approve in accordance with this chapter a plat or replat of land therein, then upon the recording of such plat or replat in the Clerk's office wherein land records are maintained, all rights-of-way, easements or other interest of the Town in the land included on the plat or replat, except as shown thereon, shall be terminated and extinguished, except that an interest acquired by the Town by condemnation or by purchase for valuable consideration and evidenced by a separate instrument of record shall not be affected thereby.