[1-3-2023 by Ord. No.
2023.01.03]
Whenever any subdivision of land is proposed, and before any
permit for the erection of a structure shall be granted, the subdivider
or their representative shall apply in writing to the Agent for the
approval of the subdivision plat. No lot shall be sold until a final
plat for the subdivision shall have been approved and recorded in
the manner provided in this article.
[1-3-2023 by Ord. No.
2023.01.03]
No change, erasure or revision shall be made on any preliminary
or final plat, nor on accompanying data sheets, after approval has
been endorsed, in writing, on the plat or sheets, unless authorization
for such change has been granted in writing by the Agent.
[1-3-2023 by Ord. No.
2023.01.03]
Where the land covered by a subdivision includes two or more
parcels in separate ownership and the lot arrangement is such that
a property ownership line divides one or more lots, the land in each
lot so divided shall be transferred by deed to single ownership before
approval of the final plat, and such transfer certified to the Town
Council by the Clerk of the Circuit Court of Washington County, Virginia.
[1-3-2023 by Ord. No.
2023.01.03]
(a)
As required by the Code of Virginia, § 15.2-2254,
as amended, any owner or developer of any tract of land situated within
the Town of Abingdon who subdivides the same shall cause a plat of
subdivision to be made and recorded in the office of the Clerk of
Circuit Court of Washington County. No such plat of subdivision shall
be recorded unless and until it shall have been submitted, approved,
and certified by the Agent in accordance with the regulations set
forth in this article.
(b)
As directed by the Code of Virginia, § 15.2-2241(8),
as amended, after the Agent has approved the final plat, the subdivider
shall file such plat for recordation in the Clerk's office of the
Circuit Court within six months after approval thereof, otherwise
such approval shall become null and void. However, in any case where
construction of facilities to be dedicated for public use has commenced
pursuant to an approved plan or permit with surety approved by the
Town Council or Agent, or where the developer has furnished a guarantee
to the Town Council or Agent by certified check, cash escrow, bond,
or letter of credit in the amount of the estimated cost of construction
of such facilities, the time for plat recordation shall be extended
to one year after final approval or to the time limit specified in
the approved guarantee agreement, whichever is greater.
(c)
To entitle a final plat to be entered in the proper books in
the office of the Clerk of Circuit Court of Washington County, the
certificate of consent as outlined in the Code of Virginia, § 15.2-2264,
as amended, together with the certificates of approval of the Agent,
shall accompany it. These certificates shall be lettered or printed
legibly on the face of the final plat. After the final plat shall
have been approved by the Agent, the Clerk of Circuit Court shall
sign the plat and cause a certified copy of the resolution approving
such plat to be attached to the plat and returned to the subdivider.
(d)
A recorded plat or final site plan shall be valid for a period
of not less than five years from the date of approval of said plat
or plan, as required by the Code of Virginia, § 15.2-2261,
as amended.
(e)
If the provisions of a recorded plat or final site plan, which
was specifically determined by the Town Council and not its Agent,
to be in accordance with the zoning conditions previously approved
pursuant to the Code of Virginia, §§ 15.2-2296 through
15.2-2303, as amended, conflict with any underlying zoning conditions
of such previous rezoning approval, the provisions of the recorded
plat or final site plan shall control, and the zoning amendment notice
requirements of the Code of Virginia, § 15.2-2204, as amended,
shall be deemed to have been satisfied.
(f)
Recordation of plats shall act as transfer of streets, termination
of easements and rights-of-way as outlined in the Code of Virginia,
§ 15.2-2265, as amended.
[1-3-2023 by Ord. No.
2023.01.03]
(a)
Where the Board of Zoning Appeals finds that extraordinary hardships, or that these conditions would result in inhibiting the achievement of the objectives of these regulations, they may approve variations or exceptions to the regulations, provided that such variations or exceptions shall not have the effect of nullifying the intent and purpose of this chapter, and further, provided the Board of Zoning Appeals shall act in accordance with Article III, Division 5 of this chapter and not approve variations or exceptions to the regulations of this chapter unless it shall make findings based upon the evidence presented to it and in compliance with the Code of Virginia, § 15.2-2309, as amended.
(b)
Any such variation or exception, authorized under the provisions
of this section, shall be printed on the plat with the reasoning set
forth on which the variation or exception was justified.
