Where the subdivider can show that a provision
of these standards would cause unnecessary hardship if strictly adhered
to, and where, because of topographical or other conditions peculiar
to the site, in the opinion of the Town Council, a departure may be
made without destroying the intent of such provisions, the Council
may authorize an exception. Any exception thus authorized is to be
stated in writing in the minutes of the Commission and Town Council,
with the reasoning on which the departure was justified. No such modification
may be granted by this chapter which is opposed in writing by the
Highway Engineer or health official. Modifications shall be clearly
defined and entered on the final plat and signed by the Mayor. The
Planning Commission, in its review, shall make recommendations on
the granting of such modifications.
A.
No clerk of any court shall file or record a plat
of a subdivision required by this chapter to be recorded until such
plat has been approved as required herein; and the penalties provided
herein shall apply to any failure to comply with the provisions of
this section.
B.
No permit will be issued by any administrative officer
of the Town of Stanley or the County of Page, Virginia, for the construction
of any building or other improvements requiring a permit upon any
land concerned for which a plat is required by this chapter unless
and until the requirements of this chapter have been complied with.
Any person aggrieved by the decision of any administrative official
whose decision is required pursuant to this chapter may appeal said
decision to the governing body.
Any person violating the foregoing provisions
of this chapter shall be subject to a fine of not more than $2,500
for each lot or parcel of land so subdivided or transferred or sold;
and the description of such lot or parcel by metes and bounds in the
instrument of transfer or other document used in the process of selling
or transferring shall not exempt the transaction from such penalties
or from the remedies herein provided.
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 unless required by this chapter.
When this chapter calls for more restrictive standards than are required
by private contracts, 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 by the Commission has been endorsed in writing on the plat
or sheets unless authorization for such changes has been granted in
writing by the Commission.
This chapter may be amended in whole or in part
by the Town Council, provided that any such amendment shall either
originate with or be submitted to the Planning Commission for recommendation;
and further provided that no such amendment shall be adopted without
a public hearing having been held in accordance with § 15.2-2204,
Code of Virginia. The Planning Commission shall have 60 days after
referral by the Council to make a recommendation.
When this chapter is adopted or amended, a certified
copy of the chapter and any and all amendments thereto shall be filed
in the office of the administrator and in the clerk's office of the
court or courts in which deeds are admitted to record in the county.
This chapter is to be revised by the Planning
Commission at least every three years to ensure that this chapter
meets the changing needs of the Town of Stanley.
