[Amended 5-22-2007 by Ord. No 2007-10; 12-12-2023 by Ord. No. 2023-06; 6-24-2025 by Ord. No. 2025-04]
Whenever any subdivision of land is proposed, and before any permit for the erection of a structure shall be granted, the subdivider or their agent shall apply in writing to the agent for the approval of the subdivision. No lot shall be sold until a final plat for the subdivision shall have been approved and recorded.
[Added 12-12-2023 by Ord. No. 2023-06]
A. 
Deed of dedication. The subdivider shall be required to submit a deed of dedication to the Subdivision Administrator for review, approval, and acceptance prior to the approval of any final plat which provides for public improvements, including without limitation streets and public utilities.
B. 
Variations. The agent may, but shall not be required to, approve a variation in or exception to any of the requirements of Article V, as authorized by Code of Virginia, § 15.2-2242(1), in cases of unusual situations or when strict adherence to the general regulations would result in substantial injustice or hardship.
[1]
Editor's Note: Former § 142-44, Preliminary sketch, was repealed 6-27-2006 by Ord. No. 2006-9.
[Amended 5-22-2007 by Ord. No 2007-10; 12-14-2010 by Ord. No. 2010-14; 12-12-2023 by Ord. No. 2023-06; 6-24-2025 by Ord. No. 2025-04]
A. 
Applicability. Submission and tentative approval of a preliminary plat is required for subdivision plats involving more than 50 lots. A preliminary plat for subdivision plats involving 50 or fewer lots may be submitted for tentative approval at the option of the subdivider.
B. 
Content requirements. The subdivider shall present to the agent two copies of a preliminary layout at a scale no smaller than 100 feet to the inch as a preliminary plat. The preliminary plat shall include the following information:
(1) 
Name of subdivision, owner, subdivider, surveyor or engineer, original Tax Map parcel identification number(s), date of drawing, number of sheets, North point and graphic scale. If the true North is used, method of determination must be shown. The plat shall also show the signature of all owner(s) and the seal of the engineer or surveyor.
(2) 
Location of proposed subdivision by an inset map at a scale of not less than two inches equals one mile showing adjoining roads, their names and numbers, towns, subdivisions and other 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; total acreage, acreage of subdivided area, number and approximate area and frontage of all building sites, existing buildings within the boundaries of the tract, names of owners and their property lines within the boundaries of the tract.
(4) 
All existing, platted and proposed streets and private alleys, their names, number and widths; existing utility or other easements, public areas and parking spaces, culverts and drains and cemeteries, graves or other object or structure marking a place of burial, their names and other pertinent data.
(5) 
The complete drainage layout, including all pipe sizes, types, drainage easements, stormwater management facilities and means of transporting the drainage to a well-defined open stream which is considered natural drainage, with drainage calculations and design details.
(6) 
A cross section showing the proposed street construction, depth and type of base, type of surface, etc.
(7) 
A profile of contour map showing the proposed grades for the streets and drainage facilities, including elevations of existing and proposed ground surface at all street intersections and at points of major grade change along the center line of streets together with proposed grade lines connecting therewith.
(8) 
A location map tying the subdivision into the County's present road system, either by aerial photographs or topographic maps of the United States Department of the Interior.
(9) 
Proposed connections with existing sanitary sewers and existing water supply or alternate means of sewerage disposal and water supply.
(10) 
All parcels of land to be dedicated for public use and the conditions of such dedication.
(11) 
An approved sedimentation and erosion control plan.
(12) 
Zoning and current use of the subject property, description of area, frontage, yard, building coverage, height, parking, open space and other requirements of the zone, and tabulation of how the subdivision meets such requirements.
(13) 
Names of owners, zoning classification and existing use of all adjacent properties.
(14) 
Natural features of the land, including streams, rivers, watercourses, ponds, sinkholes and wooded areas, and for plats of open space cluster developments, 100-year floodplain, steep slopes greater than 15%, dam break inundation zones, historic structures, and wetlands.
(15) 
Delineation of the approximate 100-year floodplain as shown on the Shenandoah County Flood Insurance Rate Map (1978) or as delineated by a flood study prepared and certified by a licensed professional engineer.
(16) 
Signature line for the agent.
(17) 
For plats of open space cluster developments, the location on each lot of the building envelope for the principal structure.
C. 
Review time periods. The agent shall review and either approve or disapprove a preliminary plat within 45 days of submission. However, when approval by a state agency or public authority is necessary, the following time periods apply:
(1) 
Within five business days of receiving the submission, the agent shall forward the preliminary plat to the appropriate state agency or authority for review.
(2) 
The agent shall act upon a plat within 20 days of receipt of all necessary approvals from state agencies and authorities.
(3) 
All actions by the agent, state agencies, and public authorities must be completed within 90 days of submission of the plat.
D. 
Review procedures.
(1) 
The agent shall thoroughly review the preliminary plat and make a good faith effort to identify all deficiencies, if any, in the preliminary plat. The agent may also identify the character and extent of public improvements that will have to be made and provide an estimate of the cost of the construction or improvements and the amount of the performance bond which will be required as a prerequisite to approval of the final subdivision plat. In determining the cost of the 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 furnished by the subdivider.
(2) 
If the preliminary plat is not approved, the agent shall provide a written statement which: (a) sets forth all deficiencies that caused the disapproval of the plat by referencing specific duly adopted ordinances, regulations, or policies; and (b) identifies modifications or corrections that will permit approval of the plat. The agent's review of a resubmitted preliminary plat shall be in accordance with § 142-48C(3) through (5).
(3) 
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 may petition the Circuit Court of Shenandoah County for entry of an order as it deems proper, which may include directing approval of the plat. The subdivider shall provide 10 days' written notice of any such filing to the agent.
(4) 
If the subdivider contends that the disapproval of a preliminary plat is not properly based on this article or is arbitrary or capricious, the subdivider may appeal to the Circuit Court of Shenandoah County within 60 days of the written disapproval by the agent.
[Amended 6-24-2025 by Ord. No. 2025-04]
A. 
Once a preliminary subdivision plat is approved, it shall be valid for a period of five years, provided that the subdivider: (1) submits a final subdivision plat for all or a portion of the property within one year of such approval; and (2) 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, 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.
B. 
Once an approved final subdivision plat for all or a portion of the property is recorded, 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 5-22-2007 by Ord. No 2007-10; 12-12-2023 by Ord. No. 2023-06; 6-24-2025 by Ord. No. 2025-04]
A. 
The subdivider shall submit five copies of a final plat to the agent. The final plat shall be clearly and legibly drawn, at a scale no smaller than 100 feet to the inch, on sheets having a size of 8 1/ 2 inches by 14 inches. In addition to the requirements of the preliminary plat, the final plat shall include the following:
(1) 
Certificates signed by the surveyor or engineer setting forth the source of title of the owners of the land subdivided and the place of record of the last instrument in the chain of title.
(2) 
A statement to the effect that the subdivision as it appears on this plat is with the free consent and in accordance with the desires of the owners, proprietors and trustees, if any, which shall be signed by such owners, proprietors and trustees, if any, and shall be duly acknowledged before some officer authorized to take the acknowledgment of deeds.
(3) 
When the subdivision consists of land acquired from more than one source of title, the outlines of the various tracts shall be indicated by dash lines and identification of the respective tracts shall be placed on the plat.
(4) 
The accurate location and dimensions by bearings and distances with all curve data on all lots and street lines and center line of streets, boundaries of all proposed or existing easements, parks, school sites or other public areas, the number and area of all building sites, all existing public and private streets, their names, numbers and widths, existing utilities and those to be provided such as sanitary sewers, storm drains, water mains, manholes and underground conduits, including their size and type, watercourses and their names, names of owners and their property lines, both within the boundary of the subdivisions and adjoining said boundaries. Plans for control siltation and erosion during development, pursuant to the requirements of Chapter 87, Erosion and Sediment Control, shall accompany the plat.
(5) 
Distances and bearings which must balance and close with an accuracy of not less than one in 5,000.
(6) 
The data of all curves along the street frontage, shown in detail at the curve or in a curve data table containing the following: Delta, radius, arc, tangent, chord and chord bearings.
(7) 
To the extent not previously provided, all information and submittals required to demonstrate compliance with the requirements set forth in Article V of this chapter.
(8) 
Provision on each page of each copy of a plat for dating and initialing by each approving officer.
B. 
Review time periods.
(1) 
Except as provided in § 142-48B(2), the agent shall act on any proposed final plat within 60 days after it has been officially submitted.
(2) 
The agent shall act on any proposed final plat solely involving parcels of commercial or residential real estate within 40 days after it has been officially submitted. The term "commercial" means all real property used for commercial or industrial uses, and the term "residential" means all real property used for single-family or multifamily use.
(3) 
When approval by a state agency or public authority is necessary, the following time periods apply:
(a) 
Within five business days of receiving the submission, the agent shall forward the plat to the appropriate state agency or authority for review.
(b) 
The agent shall act upon a final plat within 20 days of receipt of all necessary approvals from state agencies and authorities.
(4) 
If the subdivider resubmits a previously rejected plat, a new 45-day period for review and consideration shall begin on the resubmission date, except that such review period shall be a new 30 days for resubmitted plats under § 142-48B(2).
(5) 
If the agent fails to approve, modify or disapprove the a plat within the timeframes set forth within this section, the subdivider may, after 10 days' written notice to the agent, request immediate approval by the Circuit Court of Shenandoah County; provided, that approval of a plat shall not be finally effective until the subdivider has complied with the requirements of this article relative to making provisions for the bonding or installation of required improvements in accordance with applicable specifications of the County, and such fact is certified on the plat.
C. 
Review procedures.
(1) 
When a final plat has been officially submitted, the agent shall approve the plat if all requirements of this article have been met.
(2) 
If the final plat is not approved, the agent shall provide shall provide a written statement which: (a) sets forth all deficiencies that caused the disapproval of the plat by referencing specific duly adopted ordinances, regulations, or policies; and (b) identifies to the greatest extent practicable the modifications or corrections that will permit approval of the plat. Specific reasons for disapproval may be contained in a separate document or may be written on the plat itself.
(3) 
In the review of a resubmitted proposed plat, the agent shall consider only deficiencies identified in the review of the initial submission of the plat that have not been corrected in the resubmission and any deficiencies that arise as a result of corrections made to address deficiencies identified in the initial submission. If the resubmitted plat is not approved, the agent shall provide a written statement conforming to § 142-48C(2).
(4) 
Upon the second resubmission of a disapproved plat, the agent's review shall be limited solely to the previously identified deficiencies that cause its disapproval.
(5) 
For any third or subsequent resubmission of a plat, the agent shall follow any applicable procedures set forth in Virginia Code § 15.2-2259, as amended.
(6) 
If the subdivider contends that the disapproval of an officially submitted plat is not properly based on this article or is arbitrary or capricious, the subdivider may petition the Circuit Court of Shenandoah County to decide whether or not the plat should be approved. The subdivider shall provide 10 days' written notice of such filing to the agent and file the appeal within 60 days of the written disapproval by the agent. The court shall hear the matter and make and enter such order as it deems proper, which may include directing approval of the plat.
[Amended 5-22-2007 by Ord. No 2007-10; 12-12-2023 by Ord. No. 2023-06]
A. 
The plat shall not be approved until the subdivider has complied with the general requirements and minimum standards of design in accordance with this chapter and has made satisfactory arrangements for a performance bond to cover the cost of necessary improvements in lieu of construction to the satisfaction of the agent. Approval of the final plat shall be written on the face of the plat by the agent. The subdivider shall record the plat within six months after final approval; otherwise the agent shall mark the plat "void" and notify the Clerk of the Court. The six-month time period shall start the date the agent approves the final plat.
B. 
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 agent, or where the developer has furnished surety to the agent by certified check, cash escrow, bond or letter of credit in the amount required under § 142-29, the time for plat recordation shall be extended to one year after final approval or to the time limit specified in the surety agreement approved by the agent, whichever is greater.
C. 
If a developer records a final plat which may be a section of a subdivision as shown or an approved preliminary plat and furnishes to the agent a certified check, cash escrow, bond or letter of credit in the amount required under § 142-29, the developer shall have the right to record the remaining sections shown on the preliminary plat for a period of five years from the recordation date of the first section, subject to the engineering and construction standards and zoning requirements in effect at the time that each remaining section is recorded.
[Amended 12-14-2010 by Ord. No. 2010-14; 6-24-2025 by Ord. No. 2025-04
A. 
For one- and two-lot subdivision, a simplified plat shall be submitted for approval. Such simplified plat shall include at least the following information:
(2) 
Bearings and distances of all property lines.
(3) 
Area in square feet or acres.
(4) 
Type of monuments at property corners, and indicate whether set or found.
(5) 
Center or boundary lines, widths and route number or adjoining highways and distance to the nearest highway intersection.
(6) 
The right-of-way and distance to the highway (for lots not bordering a highway).
(7) 
North directional arrow (indicate whether magnetic or true North).
(8) 
Scale shall conform to the requirements of this chapter.
(9) 
Names of adjoining property owners.
(10) 
Name of present landowner and reference (deed book, page number, etc.).
(11) 
Existing buildings, wells and septic systems.
(12) 
Delineation of the approximate one-hundred-year floodplain as shown on the Shenandoah County Flood Insurance Rate Map or as delineated by a flood study prepared and certified by a licensed professional engineer.
(13) 
Date surveyed, state certified surveyor's or engineer's seal.
(14) 
Signature(s) of all owner(s), proprietors and trustees, if any, of any parcels affected by the plat.
(15) 
Certificate of approval for Virginia Department of Transportation, Health Department, agent of County governing body.
(16) 
A note on the plat describing the requirement for, and dimensions of, any required turnaround, in accord with § 142-20I(2)(b).
B. 
A simplified plat may not be used for the following:
(1) 
To further divide a parcel that has been previously divided using a simplified plat within the prior 12 months, other than those allowed by 142- 3B( 1)( a) through (f).
(2) 
To divide a sub -parcel created by a simplified plat within the prior 12 months, other than those allowed by 142- 3B( 1)( a) through ( f).
(3) 
To attempt to circumvent the requirements of this Chapter.
Simplified plats shall be submitted in five copies as follows:
A. 
Original for approval and subsequent recording by the County Clerk, which shall be clearly and legibly drawn at a scale no smaller than 100 feet to the inch on a sheet having a size of eight and one-half by fourteen (8 1/2 x 14) inches.
B. 
Four copies for review purposes submitted to the agent.
[Amended 12-12-2023 by Ord. No. 2023-06]
All subdivisions submitted for approval which are not for development purposes shall include the following certification:
DECLARATION OF INTENT OF SUBDIVISION I hereby certify that the intent of the plat of subdivision shown hereon is for acquisition of additional acreage for property enlargement, readjustment of property lines and/or correction of deed discrepancies, and not for the development of the same. Any plans for development of this land will be submitted to the Subdivision Administrator in accordance with the rules and regulations of Shenandoah County.