Whenever any subdivision of land is proposed,
before any contract is made for the sale of any part thereof and before
any permit for the erection of a structure in such proposed subdivision
shall be granted, the applicant or his agent authorized in writing
shall apply for and secure approval and endorsement of such proposed
subdivision, and such subdivision shall be recorded in the office
of the Clerk of the Circuit Court.
For the purposes of subdivision submittal requirements,
subdivisions shall be divided into the following three classes:
A.
Class A: those subdivisions resulting in four or fewer
lots being created, where their frontage is entirely upon existing
streets in the state highway system, or meeting the standards for
acceptance into such system, or qualifying for a private access easement
and there is no dedication of land to public use other than the widening
of an existing right-of-way and no required improvements and the parent
tract has not been the subject of a previous subdivision of land within
the last two years.
B.
Class B: those subdivisions resulting in five or more
lots being created, where their frontage is entirely upon existing
streets in the state highway system, or meeting the standards for
acceptance into such system, and there is no dedication of land to
public use other than the widening of an existing right-of-way and
no required improvements; or subdivisions of less than five lots where
the parent tract has been the subject of a previous subdivision of
land within the last two years.
C.
Class C: those subdivisions resulting in lots with
frontage upon a newly dedicated street designed to meet the standards
for acceptance in the state highway system or with frontage upon a
Class III road as defined by this chapter; or any subdivision resulting
in any dedication of land for public use other than the widening of
an existing right-of-way or common land for private covenanted use;
or any subdivision with required improvements.
The three classes of subdivisions shall have
the following plat submittal requirements:
The three classes of subdivisions shall be required
to receive the following approvals from the county in the following
manner:
A.
Class A: sketch plat review by the Administrator and
final plat approval by the Administrator.
B.
Class B: sketch plat review by the Administrator and
final plat approval by the Planning Commission.
C.
Class C: sketch plat review by the Administrator, preliminary plat review (if required under § 155-22C or submitted at owner’s option if 50 lots or less) by the Planning Commission and review and approval by the Board of Supervisors and final plat review and approval by the Planning Commission.
[Amended 8-19-2014]
The applicant shall submit to the Administrator
two copies of the sketch plat of the proposed subdivision prior to
his preparation of the engineered preliminary and/or final plat. The
purpose of such sketch plat is to permit the Administrator to advise
the subdivider whether his plans, in general, are in accordance with
the requirements of this chapter. The Administrator shall also apprise
the subdivider of the plat submittal and other requirements pertaining
to his subdivision. The Administrator may mark the sketch indicating
necessary changes, and any such marked sketch shall be returned by
the subdivider with the preliminary or final plat. The submittal of
a sketch plat shall be considered as a submission for informal discussion
between the applicant and the county.
The Administrator shall review such sketch plat
and offer comments relating to county standards and requirements and
provide suggestions for modifications or changes to be incorporated
on the preliminary plat or final plat. The Administrator shall complete
his review within 10 days and may, in the course of his review, seek
the advice of the Planning Commission or other officials. Where necessary,
and with written permission of the applicant, the Administrator may
extend the review period beyond 10 days.
B.
The submission of a preliminary plat shall be considered
an official submission of a plat for subdivision approval by the county.
C.
Before acting on the preliminary plat, either the
Commission or the Board may hold a public hearing, or they may hold
a joint public hearing with required public notice, as provided for
in § 15.2-2204, Code of Virginia, as amended.
[Amended 10-21-2008]
D.
The applicant shall also contact the Department of
Transportation to obtain design and construction standards, the Health
Department regarding water and sewer system design standards and/or
the State Water Control Board concerning public sewage system design
standards.
A.
Review by the Planning Commission.
(1)
When a preliminary plat drawn in accordance with § 155-34 has been officially submitted, such plat shall be reviewed by the Planning Commission at its next regularly scheduled meeting, provided that such submission has occurred no less than seven calendar days prior to such meeting. If the submission is made less than seven days prior to the next scheduled meeting, the plat shall be held to the following meeting.
(2)
During review of the preliminary plat, the Planning
Commission shall seek the advice of the Health Department, the Department
of Transportation and other officials or consultants as required before
making its decision on the plat. Such review shall ensure that the
preliminary plat is in accordance with the requirements of this chapter,
the streets in the proposed subdivision are designed to fit into the
existing street system and the subdivision does not endanger the health,
safety or general welfare of the present and future residents of the
county. All subdivisions shall be reviewed considering the policies
of the County Comprehensive Plan and the requirements and recommendations
of all the plans and ordinances of the county.
(3)
If the Planning Commission recommends approval of
the preliminary plat or the preliminary plat as modified, such plat
shall be forwarded to the Board of Supervisors for its review with
a recommendation for approval. The applicant shall also be notified
of such action.
(4)
If the Planning Commission recommends disapproval
of the preliminary plat, the preliminary plat shall be forwarded to
the Board of Supervisors for its review with a recommendation for
disapproval. The reasons for recommending disapproval shall be clearly
specified and shall indicate sections of the chapter not complied
with. The applicant shall also be notified of such action.
(5)
The Commission shall make its decision on the preliminary
plat and forward it to the Board of Supervisors not later than 45
days after the preliminary plat is officially reviewed for the first
time by the Commission at its meeting. Failure of the Planning Commission
to render such a decision and communicate it to the applicant within
the time required shall constitute a recommendation of approval of
the preliminary plat by the Planning Commission.
B.
Review by Board of Supervisors.
(1)
The preliminary plat shall be reviewed by the Board
of Supervisors at the next scheduled meeting after being forwarded
by the Planning Commission, provided that the Commission's recommendation
is made no less than seven calendar days prior to the meeting of the
Board of Supervisors.
(2)
The Board's review shall ensure that the preliminary
plat is in accordance with the requirements of the chapter, the streets
in the proposed subdivision are designed to fit into the existing
street system and the subdivision does not endanger the health, safety
or general welfare of the present and future residents of the county.
All subdivisions shall be reviewed considering the policies of the
County Comprehensive Plan and the requirements and recommendations
of all the plans and ordinances of the county.
(3)
If the Board approves the preliminary plat or the
preliminary plat as modified, notice shall be given to the applicant
or his agent and to the highway resident engineer to such effect.
(4)
If the Board disapproves the preliminary plat, notice
shall be given to the applicant or his agent, and the reasons for
disapproval shall be clearly specified and shall indicate the section(s)
of the chapter not complied with.
(5)
The Board of Supervisors shall communicate the result
of its review of the preliminary plat to the applicant or his agent
and the Planning Commission no later than 90 days after the plat was
first officially reviewed by the Planning Commission.
(6)
One copy of the plat with all comments shall be maintained
for the permanent records of the county, and one copy shall be given
to the applicant or his agent.
(7)
Approval of the preliminary plat shall not constitute
acceptance of a subdivision for recording and does not constitute
a guaranty of approval of the final plat.
(8)
No property shall be transferred or offered for sale
nor shall a permit to build be issued on the basis of an approved
preliminary plat.
A.
The following items shall, when necessary for Class C subdivisions, be submitted by the applicant to the Virginia Department of Transportation or any other agency deemed necessary by the Planning Commission to review said documents, after final approval of the preliminary plat (if required under § 155-22C or submitted at owner’s option if 50 lots or less) and before submission of the final plat:
[Amended 8-19-2014]
(1)
Four copies of the complete construction plans and
profiles, including storm sewer design computations and stormwater
inlet computations.
(2)
Four copies of the construction specifications and
plans for structures such as pedestrian underpasses or overpasses,
parking areas, drainage systems and/or structures or any special structures
or systems the Planning Commission or Board of Supervisors may decide
warrant individual engineering review.
(3)
Four copies of the traffic control plan, including
all signs, signals, street signs or other devices for traffic control.
(4)
Any additional information required by the appropriate
review agencies for approval shall also be submitted.
B.
One copy of all plans and profiles submitted to the
appropriate agencies shall also be submitted to the Administrator.
C.
No final plat for a Class C subdivision shall be accepted
for review by the Planning Commission until all the aforementioned
items have been reviewed and approved by the appropriate authorities.
A.
In the case of Class A or Class B subdivisions, a final plat shall be prepared and officially submitted within six months after the sketch plat has been reviewed by the Administrator. In the case of Class C subdivisions, a final plat shall be prepared and officially submitted within six months of the date of the approval of the Board of Supervisors of the preliminary plat if the preliminary plat is required under § 155-22C or submitted at owner’s option if 50 lots or less. If the preliminary plat is not required or submitted at the owner’s option, a final plat shall be prepared and officially submitted within six months after the sketch plat has been reviewed by the Administrator. However, an extension of time may be granted once for an additional six months by the Planning Commission for Class B and C subdivisions or by the Administrator for Class A subdivisions, upon written request. Final plats submitted after this expiration of time for which no time extension has been granted shall be considered as a new preliminary or sketch plat and subject to all the regulations in effect at the time of submission.
[Amended 8-19-2014]
B.
The number of copies of the final plat to be submitted shall be three copies for Class A subdivisions and eight copies for Class B and Class C subdivisions. They shall be submitted by the applicant or his representative. Said plats shall include one Mylar or reproducible print. Plats shall fully comply with the requirements of § 155-36, and all required supporting data shall also be submitted.
C.
Before acting on a final plat in a Class B or Class
C subdivision, the Planning Commission may arrange for a public hearing
with notice as provided for in § 15.2-2204, Code of Virginia,
as amended.
[Amended 10-21-2008]
A.
Class A subdivisions.
(1)
When the final plat drawn in accordance with Article IV has been officially submitted, such plat shall be reviewed by the Administrator.
(2)
The Administrator shall ensure that all requirements
of this chapter and other County ordinances are met.
(3)
If the review is favorable, the Administrator shall
endorse the record plat and two other paper prints with "Reviewed
and Approved by the Administrator," together with the date of such
approval. The Administrator shall communicate his decision, whether
approval or disapproval, to the applicant and Planning Commission
and, if disapproved, shall outline the reasons and ordinance provisions
relied upon for the disapproval.
(4)
The Administrator shall communicate his decision no
later than 21 days after the plat was officially submitted to the
Administrator to be approved. Should the Administrator require additional
time to review the plat, he may, where necessary and with written
permission of the applicant, extend the review period beyond 21 days,
not to exceed 60 days. Should the Administrator not comply with this
sixty-day limit, the applicant may take action in accordance with
§§ 15.2-2258 through 15.2-2261, Code of Virginia, as
amended.
[Amended 10-21-2008]
B.
Class B subdivisions.
(1)
When the final plat drawn in accordance with Article IV has been officially submitted, such plat shall be reviewed by the Planning Commission at its next regularly scheduled meeting, provided that such submission has occurred no less than seven calendar days prior to such meeting.
(2)
The Planning Commission shall ensure that all requirements
of this chapter and other County ordinances are met.
(3)
If the review is favorable, the Planning Commission
shall endorse the record plat and two other paper prints with "Reviewed
and Approved by the Planning Commission," together with the date of
such action and record such action in the minutes. The Planning Commission
shall communicate its decision, whether approval or disapproval, to
the applicant and the Board of Supervisors and, if disapproval, shall
outline the reasons and ordinance provisions relied upon for the disapproval.
(4)
The Commission shall communicate its decision no later
than 60 days after the plat was officially submitted to the Administrator,
to be placed on the Planning Commission agenda for approval. Should
the Planning Commission not comply with this limit, the applicant
may take action in accordance with §§ 15.2-2258 through
15.2-2261, Code of Virginia, as amended.
[Amended 10-21-2008]
C.
Class C Subdivisions.
(1)
When a final plat drawn in accordance with Article IV has been officially submitted, such plat shall be reviewed by the Planning Commission at its next regularly scheduled meeting, provided that such submission has occurred no less than seven calendar days prior to such meeting.
(2)
The Planning Commission shall ensure that all requirements of this chapter and other County ordinances are met and that appropriate changes to the preliminary plat have been made, if the preliminary plat was required under § 155-22C or submitted at owner’s option if 50 lots or less, as required by the Planning Commission or Board of Supervisors.
[Amended 8-19-2014]
(3)
If the review is favorable, the Planning Commission
shall endorse the record plat and two other paper prints with "Reviewed
and Approved by the Planning Commission," together with the date of
such action and record such action in the minutes. The Planning Commission
shall communicate its decision, whether approval or disapproval, to
the applicant and the Board of Supervisors and, if disapproval, shall
outline the reasons and ordinance provisions relied upon for the disapproval.
(4)
The Commission shall communicate its decision no later
than 60 days after the plat was officially submitted to the Administrator
to be placed on the Planning Commission agenda for approval. Should
the Planning Commission not comply with this limit, the applicant
may take action in accordance with §§ 15.2-2258 through
15.2-2261, Code of Virginia, as amended.
A.
After approval by the Planning Commission or Administrator
as required and with all endorsements indicated on the record plat,
the subdivider shall record his record plat in the office of the Clerk
of the Circuit Court of Warren County, Virginia.
B.
Such plat shall be filed and recorded in the office
of the Clerk of the Circuit Court where deeds are admitted to record
for the lands contained in the plat and indexed in the general index
to deeds under the names of the owners of lands signing such plat
and under the name of the subdivision.
C.
Any plat not recorded within six months after final
approval by the County shall be considered null and marked void.
D.
The recordation of such plat shall operate to transfer,
in fee simple, to the County such portion of the premises platted
as is on such plat set apart for streets, alleys or other public use
and to transfer to the County any easement for the purpose of public
passage indicated on such plat; but nothing contained in this section
shall affect any right of a subdivider of land heretofore validly
reserved. However, land used for Class III roads shall not be dedicated
to the County. Where the authorized officials of the County approve
a plat or replat of land in accordance with this chapter, then upon
the recording of such plat or replat in the Clerk's office wherein
land records are maintained, all rights-of-way, easements or other
interest of the County in the land included on the plat or replat,
except as shown thereon, shall be terminated and extinguished; except
that an interest acquired by the County by condemnation or by purchase
for valuable consideration and evidenced by a separate instrument
of record of streets, alleys or easements subject to the provisions
of § 15.2-2271 or 15.2-2272, Code of Virginia, as amended,
shall not be affected thereby.
[Amended 10-21-2008]
A.
If the subdivider is aggrieved by a determination
or disapproval by the Administrator in the administration of this
chapter, he may appeal such action, in writing, to the Planning Commission
within 60 days, which shall review the action taken, and if the Commission
finds that the proposed subdivision meets the requirements of this
chapter or that the determination of the Administrator is in conflict
with this chapter, it may reverse such decision or determination.
B.
A determination or disapproval by the Planning Commission
may be appealed to the Board of Supervisors in the same manner.
C.
If the Administrator, the Planning Commission or the
Board of Supervisors disapproves a subdivision plat or makes a decision
adverse to the subdivider and he contends that such disapproval or
decision was not properly based on the ordinance requirements or was
arbitrary and capricious, he may appeal such action to the Circuit
Court within 60 days.
