[Amended 10-6-2025]
Whenever any subdivision of land is proposed and before any permit for the erection of a structure shall be granted, the subdivider or his agent shall apply, in writing, to the agent for the approval of the subdivision plat and in the case where there will be greater than 50 lots created, shall submit a preliminary plat, including the lot, street and utilities layout, where applicable. No construction permit shall be issued and no lot shall be sold until a final plat for the subdivision shall be approved and recorded in the following manner. Preliminary subdivision plats may be submitted for tentative approval in cases where there are 50 or fewer lots (Ref. Code of Virginia, § 15.2-2260).
A. 
The subdivider may, if he/she so chooses, submit a preliminary sketch to the agent of the proposed subdivision prior to preparing engineered preliminary and final plats. The purpose of such preliminary sketch is to permit the agent to advise the subdivider whether the plans are generally in accordance with the requirements of this chapter. The agent, upon the submission of any such preliminary sketch shall examine it and advise the subdivider wherein it appears that changes will be necessary. The agent may mark the preliminary sketch, indicating necessary changes, and any such marked sketch shall be returned to the subdivider with the preliminary plat.
B. 
The preliminary sketch shall be as follows: It shall be drawn on white paper or on a print of a topographic map of the property. It shall be drawn to a scale of not less than 200 feet to the inch. It shall show the names, locations and dimensions of all streets entering the property, adjacent to the property or terminating at the boundary of the property to be subdivided. It shall show the location of all proposed streets, lots, parks, playgrounds and other proposed uses of the land to be subdivided and shall include the approximate dimensions.
Whenever part of a tract is proposed for subdividing, a sketch or location map of the entire tract shall be prepared and submitted.
[Amended 7-6-1994[1]; 1-5-2000; 10-6-2025]
A. 
Whenever the owner or proprietor of any lot, parcel or tract of land decides to subdivide the same such that a special exception is required as delineated in Chapter 170, Zoning, of the Code of Rappahannock County, for an additional family division lot pursuant to § 147-36B, he or she shall submit a preliminary plat of the proposed subdivision to the agent who will forward the application for such special exception to the Commission and the governing body as provided for in Chapter 170, Zoning, of the Code of Rappahannock County. (See Article VI.)
B. 
Whenever the owner or proprietor of any tract of land desires to subdivide the same such that a special exception is not required as delineated in Chapter 170, Zoning, of the Code of Rappahannock County, he or she shall submit a plat of the proposed subdivision to the agent for approval by the agent.
C. 
Plat requirements. The subdivider shall present to the agent four prints of a preliminary layout at a scale of not less than 100 feet to the inch as a preliminary plat; the agent may, where conditions in his or her opinion warrant, allow plats to be submitted at a scale of 200 feet to the inch. The preliminary plat shall include the following information:
(1) 
The title under which the subdivision is proposed to be recorded and the name and address(es) of the record owner(s) and subdivider and holders of any easements affecting the property. The plat shall also show the name of the individual who prepared the plat as well as the date of the drawing, the North point and scale. If true North is used, then the method of determination shall be included.
(2) 
The location of the proposed subdivision on an inset map, at a scale of not less than two inches equal one mile, showing adjoining roads, in a one-mile radius and their names and numbers, towns or other distinguishing landmarks.
(3) 
The boundary survey or existing survey of record, provided that such survey shows a closure with an accuracy of not less than one in 2,500 for both the total acreage and the acreage of the subdivided area; the number and approximate area and frontage of all building sites; existing buildings within the boundaries of the tract; and the names of the owners and their property lines within the boundaries of the tract and adjoining such boundaries. (When the residue of a subdivision is proposed to be greater than or equal to 50 acres, then a reference to said exact acreage will be sufficient and need not be shown on the plat.)
(4) 
The location, width and names of all existing, platted or proposed streets, their names, numbers and widths; and existing and proposed utility or other easements, public areas and parking spaces, culverts, drains and watercourses, their names and other pertinent data.
(5) 
All parcels of land intended to be dedicated or reserved for public use or to be reserved in the deed for the common use of property owners in the subdivision.
(6) 
A topographic map compiled by either accepted field or photogrammetric methods, with a contour interval of two or five feet, if required pursuant to an on-site inspection determination by the agent.
(7) 
A profile contour map showing the proposed grades for all streets and drainage facilities, including elevations of existing and proposed ground surface at all intersections and at points of major grade change along the center line of such streets, together with proposed grade lines connecting therewith.
(8) 
A preliminary plan outlining the provision of all utilities, including but not limited to the proposed method of accomplishing drainage, water supply and sewage disposal.
(9) 
The zoning classifications and proposed use(s) of the area to be subdivided.
(10) 
Sedimentation and erosion control measures proposed on the advice of the Culpeper Soil and Water Conservation District.
[1]
Editor's Note: This ordinance was readopted 12-2-1996
[Amended 10-6-2025]
A. 
The agent shall complete action on the preliminary subdivision plats within 45 days of submission. However:
(1) 
If approval of a feature or features of the preliminary subdivision plat by a state agency or public authority authorized by state law is necessary, the agent shall forward the preliminary subdivision plat to the appropriate state agency or agencies authority for review within five business days of receipt of such preliminary subdivision plat.
(2) 
Any state agency or public authority authorized by state law making a review of a preliminary subdivision plat forwarded to it under this section, including, without limitation, the Virginia Department of Transportation and authorities authorized by Chapter 51 (Code of Virginia, § 15.2-5100 et seq.), shall complete its review within 30 days of receipt of the preliminary subdivision plat upon first submission and within 30 days for any proposed plat that has previously been disapproved, provided, however, that the time period set forth in Code of Virginia, § 15.2-2222.1, shall apply to plats triggering the applicability of said section. The Virginia Department of Transportation and authorities authorized by Chapter 51 (Code of Virginia, § 15.2-5100 et seq.) shall allow use of public rights-of-way for public street purposes for placement of utilities by permit when practical and shall not unreasonably deny plat approval. If a state agency or public authority authorized by state law does not approve the plat, it shall comply with the requirements, and be subject to the restrictions, set forth in Subsection A of Code of Virginia, § 15.2-2259, with the exception of the time period therein specified. Upon receipt of the approvals from all state agencies, the local agent shall act upon a preliminary subdivision plat within 35 days.
(3) 
The agent shall act on the plat within 30 days after receiving approval from all state agencies. If the agent does not approve the preliminary subdivision plat, the agent shall (i) set forth in writing all deficiencies in the plat that caused the disapproval by referencing to specific duly adopted ordinances, regulations, or policies and (ii) identify modifications or corrections that will permit approval of the plat. With regard to plats involving commercial or residential property, as those terms are defined in Subdivision A.2 of Code of Virginia, § 15.2-2259, the review process for such plats shall be the same as provided in Subdivisions A.2 and A.3 of Code of Virginia, § 15.2-2259. All actions on preliminary subdivision plats shall be completed by the agent and, if necessary, state agencies, within a total of 90 days of submission to the agent.
(4) 
If the agent fails to approve or disapprove the preliminary subdivision plat within 90 days after it has been officially submitted for approval, the subdivider after 10 days' written notice to the agent, may petition the circuit court of Rappahannock County to enter an order with respect thereto as it deems proper, which may include directing approval of the plat.
B. 
In determining the cost of required improvements and the amount of the performance bond, the agent may consult with a duly licensed engineer who shall prepare this data for the agent or preferably may require a bona fide estimate of the cost of improvements to be provided by the subdivider.
[Amended 10-6-2025]
The subdivider or developer shall be notified as to the recommendations and decisions of the agent. Such notification may be by formal letter and/or legible markings in ink on the subdivider's copy of the preliminary plat showing the agent's recommendations.
[Amended 10-6-2025]
The approval of a preliminary plat and plans by the agent does not guarantee approval of the final plat and plans and does not constitute approval or acceptance of the subdivision by the agent or authorization to proceed with construction or improvements within the subdivision or development.
[Amended 10-6-2025]
Once a preliminary subdivision plat is approved, it shall be valid for a period of five years, provided the subdivider (i) submits a final subdivision plat for all or a portion of the property within one year of such approval or such longer period as may be prescribed by local ordinance, and (ii) thereafter diligently pursues approval of the final subdivision plat. "Diligent pursuit of approval" means that the subdivider has incurred extensive obligations or substantial expenses relating to the submitted final subdivision plat or modifications thereto. However, no sooner than three years following such preliminary subdivision plat approval, and upon 90 days' written notice by certified mail to the subdivider, the agent may revoke such approval upon a specific finding of facts that the subdivider has not diligently pursued approval of the final subdivision plat. Once an approved final subdivision plat for all or a portion of the property is recorded pursuant to Code of Virginia, § 15.2-2261, the underlying preliminary plat shall remain valid for a period of five years from the date of the latest recorded plat of subdivision for the property. The five year period of validity shall extend from the date of the last recorded plat.
[Amended 10-6-2025]
If the agent disapproves the preliminary plat and the subdivider contends that such disapproval was not properly based on the ordinance applicable thereto or was arbitrary and capricious, he may appeal to the Circuit Court to hear and determine the case, provided that such appeal is filed with the Circuit Court within 60 days of the written disapproval by the agent.