[Amended 6-10-2014 by Ord. No. 14-21; 2-24-2015 by Ord. No. 15-05]
A. Applicability. This section governs review of subdivisions of land.
It applies to all land proposed to be subdivided after October 7,
2013.
B. General requirements.
(1)
If an owner of land wants to subdivide the land, he shall submit
a plat of the proposed subdivision for approval in accordance with
this section and other applicable requirements of this chapter, including
Article 72-5.
(a)
An applicant for an administrative subdivision shall submit
a final subdivision plat to the Development Administrator for administrative
approval.
(b)
An applicant for a minor subdivision may either follow the process
for approval of both preliminary and final subdivision plats or submit
a final subdivision plat for approval without submitting a preliminary
subdivision plat.
(c)
An applicant for a major subdivision shall follow the process
for approval of both preliminary and final subdivision plats.
(2)
No land may be subdivided unless the subdivision is in compliance
with this article and a final plat of the subdivision is recorded
in the land records of the Clerk of the Circuit Court.
(3)
The Clerk shall not record a subdivision plat unless it has
been approved by the City and signed by the Development Administrator.
The penalties in Code of Virginia, § 17.1-223, apply to
a failure of the Clerk to comply with this section.
(4)
The City will not issue a building permit for any lot created
in violation of this chapter, or if a different ordinance was in effect
at the time the land was subdivided, that ordinance, until the lot
is shown on an approved and recorded final subdivision plat.
(5)
No land in a subdivision may be transferred until the final
subdivision plat for the land is duly approved, bonded, and recorded.
This does not prevent the recordation of the document by which the
land is transferred or the passage of title between the parties to
the document.
(6)
Subdivision plat submittal requirements are contained in the
UDO procedures manual.
(7)
The Development Administrator may determine that a number of
administrative or minor subdivision plats are in fact a minor or major
subdivision if the plats relate to the same parcel or related groups
of parcels. The Development Administrator may require the applicant
to submit additional information necessary to make this determination,
including, but not limited to, a copy of the tax map showing the land
being subdivided and all lots previously subdivided from that tract
of land within the previous five years.
C. Preliminary subdivision plats.
(1)
An approved preliminary subdivision plat is a guide for
preparation of the construction plan and final subdivision plat. The
approval of the preliminary subdivision plat does not guarantee approval
of the final subdivision plat.
(2)
The content and format of the preliminary subdivision plat must
conform to the submittal requirements in the UDO Procedures Manual.
(3)
The process for preliminary subdivision plat approval is as
follows:
(a)
Before submitting a preliminary subdivision plat application,
the applicant shall participate in a pre-application conference with
the Technical Review Committee.
(b)
The applicant shall submit the preliminary subdivision plat to the Development Administrator. A preliminary subdivision plat is officially submitted when the Development Administrator accepts the application under City Code §
72-21.6.
[Amended 5-23-2017 by Ord. No. 17-13]
[1]
If approval of a feature of the preliminary subdivision plat
by a state agency or public authority is necessary, the Development
Administrator shall forward the preliminary subdivision plat to the
appropriate agency or authority within 10 business days of the applicant's
official submission of the preliminary subdivision plat.
(c)
The Development Administrator shall submit the preliminary subdivision
plat to the Planning Commission with his recommendation on whether
the plat meets the requirements of this chapter. This recommendation
must identify all defects, list specific reference to the requirements
that the defects violate, and describe modifications that would permit
approval of the plat.
[Amended 5-23-2017 by Ord. No. 17-13]
(d)
The Planning Commission shall review the preliminary subdivision
plat and make its recommendation on approval or disapproval to the
City Council. The Development Administrator shall advise Council on
whether the preliminary subdivision plat meets the requirements of
this chapter. This recommendation must identify all defects, list
specific references to the requirements that the defects violate,
and describe modifications that would permit approval of the plat.
(e)
City Council hearing. City Council shall hold a public hearing
on major and minor preliminary subdivision plats.
[Amended 5-23-2017 by Ord. No. 17-13]
(f)
City Council shall act on an application for approval of a major
preliminary subdivision plat within the time specified by Code of
Virginia, § 15.2-2260. Any deadline in this section may
be extended with the written consent of the applicant.
(g)
If a preliminary subdivision plat is approved, it is valid for
the applicable period specified in Code of Virginia, §§ 15.2-2260
and 15.2-2209.1, as applicable.
(h)
If a preliminary subdivision plat is disapproved, the reasons
for denial and the modifications that would permit approval shall
be set forth, in writing, by the Development Administrator for administrative
subdivisions and by City Council resolution for minor and major subdivisions.
(i)
If City Council does not act on a preliminary subdivision plat
within 90 days of the official submission to the Development Administrator,
the subdivider, after 10 days' written notice to the Clerk of Council,
may petition the Circuit Court for relief, which may include directing
approval of the preliminary subdivision plat.
D. Final subdivision plats - administrative subdivisions, minor subdivisions
with approved preliminary subdivision plats, and major subdivisions.
(1)
The applicant shall submit the final subdivision plat to the Development Administrator for administrative approval. A final subdivision plat is officially submitted when the Development Administrator accepts the application under City Code §
72-21.6.
(2)
The Development Administrator shall act on an application for
approval of a final subdivision plat in accordance with Code of Virginia
§ 15.2-2259.
(3)
The subdivider shall record the approved final subdivision plat
in the land records of the Circuit Court within six months of the
Development Administrator's approval of the plat. If the plat is not
recorded within this time, the Development Administrator's approval
of the plat expires.
(4)
Once a final subdivision plat is approved and recorded, the
plat is valid for the period allowed by Code of Virginia, §§ 15.2-2261
and 15.2-2209.1, as applicable. The Development Administrator may
grant extensions of this approval, in accordance with Code of Virginia
§ 15.2-2261.
(5)
These requirements apply to every final subdivision plat submitted
for approval:
(a)
The final subdivision plat shall be prepared by a professional
who is licensed to prepare such a plat. The professional shall endorse
upon the plat the source of title of the owner of the land subdivided,
in accordance with Code of Virginia, § 15.2-2262.
(b)
Plat details shall meet the standards established by the State
Library Board under the Virginia Public Records Act. Every plat shall
contain a statement of consent to subdivision in conformance with
Code of Virginia § 15.2-2264. The Development Administrator
shall determine any additional content required for final plats and
state them in the Procedures Manual.
(c)
No final subdivision plat will be approved until the Zoning
Administrator has approved any required commercial or residential
site development plans.
[Amended 5-23-2017 by Ord. No. 17-13]
(d)
No final subdivision plat will be approved unless all performance
guarantees required under § 72-27 have been posted.
E. Final subdivision plats - minor subdivisions without an approved
preliminary subdivision plat.
(1)
The applicant shall submit the final subdivision plat to the Development Administrator. A final plat is officially submitted when the Development Administrator accepts the application under City Code §
72-21.6.
(2)
The Development Administrator shall submit the final subdivision
plat to the Planning Commission with his recommendation on whether
the plat meets the requirements of this chapter. This recommendation
must identify all defects, list specific references to the requirements
that the defects violate, and describe modifications that would permit
approval of the plat.
(3)
The Planning Commission shall review the final subdivision plat
and make its recommendation on approval or disapproval to the City
Council, without a public hearing. The Development Administrator shall
advise Council on whether the plat meets the requirements of this
chapter. This recommendation must identify all defects, list specific
references to the requirements that the defects violate, and describe
modifications that would permit approval of the plat.
(4)
City Council hearing. City Council shall hold a public hearing
on minor final subdivision plats.
[Amended 5-23-2017 by Ord. No. 17-13]
(5)
City Council shall act on an application for approval of a final
minor subdivision plat after the public hearing. Any statutory deadline
for a Council decision may be extended with the written consent of
the applicant.
(6)
Except as provided in Code of Virginia, § 15.2-2241(A)(8),
the subdivider shall record the approved final subdivision plat in
the land records of the Circuit Court within six months of the City
Council's approval of the plat or such longer period as may be approved
by City Council. If the plat is not recorded within this time, the
City Council's approval of the plat is withdrawn. The plat shall be
returned to the Development Administrator, who shall mark it "void."
(7)
The provisions of §
72-25.1D(4) and
(5) apply to minor subdivisions without approved preliminary plats.
F. Exemptions. This article shall not preclude different owners of adjacent
parcels from entering into a valid and enforceable boundary line agreement
with one another so long as such agreement is only used to resolve
a bona fide property line dispute, the boundary adjustment does not
move by more than 250 feet from the center of the current platted
line or alter either parcel's resultant acreage by more than 5% of
the smaller parcel size, and such agreement does not create an additional
lot, alter the existing boundary lines of localities, result in greater
street frontage, or interfere with a recorded easement, and such agreement
shall not result in any nonconformity with local ordinances and health
department regulations. Notice shall be provided to the Zoning Administrator
of the locality in which the parcels are located for review. For any
property affected by this provision, any division of land subject
to a partition suit by virtue of order or decree by a court of competent
jurisdiction shall take precedence over the requirements of Article
6 (§ 15.2-2240 et seq.) and the minimum lot area, width,
or frontage requirements in the Zoning Ordinance so long as the lot
or parcel resulting from such order or decree does not vary from minimum
lot area, width, or frontage requirements by more than 20%. A copy
of the final decree shall be provided to the Zoning Administrator
of the locality in which the property is located.
[Added 10-25-2022 by Ord.
No. 22-22]
A. The approval of a final subdivision plat does not constitute acceptance
by the City of any street, alley, public space, utility or other physical
improvement. These acceptances are governed by Article 72-5, Development
Standards, and § 72-27.
B. Required improvements. Every proposed subdivision shall be designed
to include all of the public facilities and other improvements required
by this chapter.
C. Proffered improvements. All subdivision plats shall contain provisions
for the dedication and construction of improvements referenced within
proffered conditions applicable to the subject property.
D. On-site public improvements, generally. All required on-site public
improvements shall be installed at the cost of the subdivider, unless
the Development Administrator agrees to City cost-sharing or other
means of City participation, and this agreement is formally entered
into before final plat approval. All required on-site public improvements
shall conform to the standards of Article 72-5.
E. Access and blocks and lots.
(1)
Street names. All subdivision streets shall be identified by
street names, in accordance with the standards of Article 72-5.
(2)
Public streets and dedication of rights-of-way.
[Amended 5-23-2017 by Ord. No. 17-13]
(a)
All public streets within a subdivision shall be coordinated
as to location, width, grades, and drainage with other public streets,
by (i) coordinating with existing or planned streets within the general
area of the subdivision, and (ii) continuing the public streets to
planned, existing, or platted streets into adjoining areas by dedication
or reservation or right-of-way adequate to accommodate continuation
of the streets.
(b)
All subdivisions shall provide for the construction and dedication
of public streets to permit motor vehicle travel within the subdivision
and to and from adjacent properties, unless private streets are approved
in accordance with this article. Streets within a subdivision shall
be designed in accordance with the standards of Article 72-5. The
arrangement, character, extent, width, grade and location of all streets,
street signs, and traffic control devices shall be in accordance with
the standards of Article 72-5.
(c)
Subdivisions shall provide for the construction of or fee dedication
for the widening of existing streets, existing streets on new alignments,
and proposed streets as indicated on the Comprehensive Plan, where
the need for those street improvement is substantially generated by
the proposed subdivision.
(d)
A subdivider may voluntarily provide funding for off-site road
improvements. The improvements for which that funding may be accepted
and the procedures for administering the funding are in Code of Virginia,
§ 15.2-2242(4).
(3)
Private streets. Subdivisions in single-family attached and
multifamily residential, commercial, and industrial developments in
the R-8, R-12, R-16, R30, C-SC, C-H, I-1, I-2, PD-R, PD-C, PD-MU,
and PD-MC Districts may provide for private streets within private
ingress/egress easements. Private streets, where authorized, shall
be designed and constructed in accordance with the standards of Article
72-5.
(4)
Alleys. Subdivisions are not required to provide public or private
alleys. If a subdivider proposes to construct public or private alleys,
the alleys shall comply with the standards of Article 72-5.
(5)
Curb and gutter. Curb and gutter is required, and shall be designed
and constructed, in accordance with the standards of Article 72-5.
(6)
Vehicular ingress/egress. Any required parking area shall have
direct vehicular ingress and egress to and from a public or private
street in accordance with the standards of Article 72-5.
(7)
Pedestrian access and bicycle trails. Subdivisions shall provide
for sidewalks, in accordance with the standards of Article 72-5. Subdivisions
shall provide for the construction of bicycle trails, in the general
location shown on the Bicycle and Pedestrian Master Plan, called "Fredericksburg
Pathways," within the subdivision. Bicycle trails shall be designed
and constructed in accordance with the standards of Article 72-5.
(8)
Blocks and lots.
(a)
Blocks created by the subdivision of land shall conform to the
standards of Article 72-5. Lots created by the subdivision of land
shall conform to applicable requirements in Article 72-3 and the standards
of Article 72-5.
(b)
A subdivision plat may create one or more lots for City or other
public water, sewer, stormwater, or similar utility facilities, such
as a pump station lot. These lots are exempt from the minimum lot
standards of this chapter, provided they are adequate for the proposed
public use and acceptable to the City for dedication.
F. Sanitary sewer, public water, and stormwater.
(1)
Except as provided for in this Subsection
F, all subdivisions shall provide for each lot to connect to the City public sanitary sewer system and public water systems through the construction and dedication of sanitary sewer facilities, water facilities, and related easements in accordance with the standards of Article 72-5.
(a)
The Director of Public Works shall develop a Comprehensive Sewerage
Facilities Plan to determine the projected sewerage flow, collection
mains and facilities, easements, and costs to provide ultimate sewerage
service to City drainage sheds at full development of those sheds.
The Director of Public Works shall develop a Comprehensive Water Facilities
Plan to determine the projected public water demand, distribution
mains and facilities, easements, and costs to provide ultimate public
water service to City drainage sheds at full development of those
sheds. These facilities plans shall be designed in accordance with
the Comprehensive Plan. City Council shall adopt the facilities plans.
(b)
A subdivider or developer of land shall pay a pro rata share
of the cost of providing reasonable and necessary sewerage and water
facilities which may be outside the property limits of the land owned
or controlled by the subdivider or developer, but necessitated or
required, at least in part, by the construction or improvement of
the land, in accordance with the intent and provisions of Code of
Virginia, § 15.2-2243, the Comprehensive Plan, the Comprehensive
Sewerage Facilities Plan, the Comprehensive Water Facilities Plan,
and this subsection.
(c)
The Director of Public Works shall set the policy and criteria
for determination of pro rata share of total cost, the financial and
implementation procedures, and other related matters. City Council
shall adopt the policy and criteria as part of the Comprehensive Sewerage
Facilities Plan and the Comprehensive Water Facilities Plan.
(d)
The Development Administrator may grant an exception to the
requirement that each lot connect to City sewer and water facilities
in cases of unusual situations, or when strict adherence to the regulations
would result in substantial injustice or hardship. No exception may
be granted where a comprehensive facilities plan provides for future
sewer service or water supply to the area in which the subdivision
is located.
(e)
No subdivision shall be approved where individual wells or septic
tanks are to be used until written approval for each lot to be transferred
or occupied by a dwelling unit has been secured from the state health
department. The health department may specify soil tests or water
tests necessary to determine the suitability of the soil for subsurface
effluent disposal. The subdivider is responsible for those tests.
(f)
The subdivider shall provide all required easements in accordance
with the City's Construction Specifications and Standards for Water
and Sewer Facilities on file in the Public Works Department.
(2)
Stormwater facilities.
(a)
The Director of Public Works shall develop a Comprehensive Stormwater
Management Facilities Plan to determine the necessary structures,
easements and costs to provide ultimate drainage facilities to serve
City drainage sheds at full development of those sheds. This facilities
plan shall be designed in accordance with the Comprehensive Plan.
The facilities' costs shall be updated annually by applying the appropriate
Engineering News-Record cost index factor. City Council shall adopt
the facilities plan.
(b)
A subdivider or developer of land shall pay a pro rata share
of the cost of providing reasonable and necessary drainage facilities
which may be outside the property limits of the land owned or controlled
by the subdivider or developer, but necessitated or required, at least
in part, by the construction or improvement of the land, in accordance
with the intent and provisions of Code of Virginia, § 15.2-2243,
the Comprehensive Plan, the Comprehensive Stormwater Management Facilities
Plan, and this section.
(c)
The Director of Public Works shall set the policy and criteria
for determination of pro rata share of total cost, the financial and
implementation procedures, and other related matters. City Council
shall adopt the policy and criteria as part of the Comprehensive Stormwater
Management Facilities Plan.
(3)
Subdivisions shall provide for public utilities and utility
easements in accordance with the standards of Article 72.5.
G. Monuments and corners. Subdivisions shall place monuments and establish
corners in accordance with the standards of Article 72-5.
H. Parks, schools, open space, and public land. Subdividers should give
consideration to suitable sites for parks, schools, and other areas
of public use as described in the Comprehensive Plan. Those areas
should be located and indicated on the preliminary plat so it may
be determined if, when, and how those areas will be dedicated to,
reserved for, or acquired by the City Council for those uses. This
provision does not preclude dedication of property for public use
not included in the Comprehensive Plan, provided the property is acceptable
to the City Council for dedication, acceptance and maintenance.
I. Dedication of land for public use.
(1)
In the interest of the public welfare, a subdivider may provide
for reservation and dedication of suitable land for schools, parks,
recreation areas, roadways, sidewalks, utility easements and other
public uses in accordance with the Comprehensive Plan, Capital Improvements
Program, and any adopted Official Map.
(2)
Final subdivision plats shall show the location, character and
extent of public areas and facilities.
(3)
If a subdivider proposes or is legally required to convey interests
in real property to the City, conveyance of those interests shall
be made by appropriate deed to the City, approved as to form by the
City Attorney and accepted on behalf of the City by the City Manager.
(4)
If a subdivider dedicates or otherwise conveys land for public
purposes, it shall be of a character, size, dimension, and location
suitable for the particular use for which the land is dedicated or
conveyed. Land held by the City or another governmental entity is
not required to meet the minimum street frontage, lot size, lot shape,
or other lot requirements, so long as it is suitable for its public
use.
[Amended 5-23-2017 by Ord. No. 17-13]
A. This section governs requests for exceptions to the general subdivision
and site plan regulations. Requested exceptions shall be submitted
as part of an application for subdivision or site plan approval. Exceptions
may be granted in unusual situations or when strict adherence to the
general regulations would result in substantial injustice or hardship.
B. City Council (for major and minor subdivisions) and the Development
Administrator (for administrative subdivisions) may approve exceptions
to the general subdivision regulations. The Zoning Administrator may
approve exceptions to the general site plan regulations.
C. The applicant shall make all requests for exceptions in writing,
stating specifically the provision from which the exception is requested
and the grounds for the request. The applicant shall submit the request
with the preliminary plat, final plat, or site plan application. All
requests shall be accompanied by any plats, plans, drawings, and engineering
documents required to allow the Development Administrator, Zoning
Administrator, or City Council to act on the application.
D. The Development Administrator shall approve or disapprove requests for exceptions to administrative subdivisions. The applicant shall provide written notice of the request as provided in §
72-21.9. The Development Administrator shall not decide on the request until the applicant provides evidence of that notice. The applicant may appeal the Development Administrator's decision to City Council within 14 days of the decision. City Council shall act on the decision within 30 days of receipt of the appeal and after written notice as provided in §
72-21.9. The approval of the administrative subdivision plat will be held in abeyance while the appeal is pending. The decision of the City Council is final.
E. City Council shall approve or disapprove requests for exceptions
to minor and major subdivisions. City Council's decision will be rendered
as part of the decision on the underlying plat, rather than separately
from the plat.
F. The Zoning Administrator shall approve or disapprove requests for exceptions to site plans. The applicant shall provide written notice of the request as provided in §
72-21.9. The Zoning Administrator shall not decide the request until the applicant provides evidence of that notice. The Zoning Administrator's decision will be rendered as part of the decision on the underlying site plan, rather than separately.
A. Corrections. An approved preliminary subdivision plat, a final recorded
subdivision plat, or an approved site plan may be corrected as follows:
(1)
Changes to an administrative subdivision plat, minor subdivision
plat, or site plan may be approved by the Development Administrator
to correct errors or omissions, if those changes comply with the subdivision
or site plan regulations and requirements of this chapter.
(2)
Changes to a major subdivision plat may be approved by the Development
Administrator to correct errors or omissions, if those changes comply
with the subdivision or site plan regulations and requirements of
this chapter without changing the density or impact of the project
by more than 10%. More significant changes of major preliminary subdivisions
may be approved by City Council, if those changes comply with the
subdivision or site plan regulations and requirements of this chapter.
B. Vacation of plats.
(1)
The vacation of final, recorded plats is governed by Code of
Virginia, §§ 15.2-2271 and 15.2-2272.
(2)
The Development Administrator may consent to the vacation of
a plat under Code of Virginia, § 15.2-2271(1), if no lot
has been sold and the owners, proprietors, and trustees who signed
the original plat declare the plat vacated, in writing.
(3)
City Council may consent to the vacation of a plat under Code
of Virginia, § 15.2-2272(1), if lots have been sold, and
all the owners of lots shown on the plat agree, in writing, to the
vacation. The Development Administrator may sign a document vacating
the plat on behalf of City Council, after Council approval.