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 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.
[Amended 10-21-2008; 8-19-2014; 6-24-2025]
A.
Sketch plat: Submission of a sketch plat is optional for all proposed subdivisions.
B.
Preliminary plat: 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.
C.
Final plat: Submission and approval of a final plat is required for all proposed subdivisions.
The applicant may 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 20 days.
B.
The submission of a preliminary plat shall be considered an official submission of a plat for subdivision approval by the county.
C.
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 time periods. The Administrator 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 Administrator shall forward the preliminary plat to the appropriate state agency or authority for review.
(2)
The Administrator shall act upon a plat within 20 days of receipt of all necessary approvals from state agencies and authorities.
(3)
All actions by the Administrator, state agencies, and public authorities must be completed within 90 days of submission of the plat.
B.
Review procedures.
(1)
The Administrator shall thoroughly review the preliminary plat and make a good faith effort to identify all deficiencies, if any, in the preliminary plat. The Administrator 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 Administrator may consult with a duly licensed engineer who shall prepare this data for the Administrator, 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 Administrator 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 Administrator’s review of a resubmitted preliminary plat shall be in accordance with § 155-30B(5) through (7).
(3)
If the Administrator 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 Warren 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 Administrator.
(4)
If the subdivider contends that the disapproval of a preliminary plat is not properly based on this chapter or is arbitrary or capricious, the subdivider may appeal to the Circuit Court of Warren County within 60 days of the written disapproval by the Administrator.
(5)
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.
(6)
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.
(7)
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.
C.
Period of validity.
(1)
Once a preliminary subdivision plat is approved, it shall be valid for a period of five years, provided that the subdivider a) submits a final subdivision plat for all or a portion of the property within one year of such approval; and b) 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 Administrator may revoke such approval upon a specific finding of facts that the subdivider has not diligently pursued approval of the final subdivision plat.
(2)
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.
The applicant may be required to submit the following to the Administrator, the Virginia Department of Transportation, and any public agency whose review is necessary for 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:
A.
Four copies of the complete construction plans and profiles, including storm sewer design computations and stormwater inlet computations.
B.
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 deemed by the Administrator to warrant individual engineering review.
C.
Four copies of the traffic control plan, including all signs, signals, street signs or other devices for traffic control.
D.
Any additional information required by the reviewing agencies for approval.
Eight copies of the final plat shall be submitted by the applicant to the Administrator. Said plats shall fully comply with the requirements of § 155-36, and all required supporting data shall also be submitted.
A.
Review time periods.
(1)
Except as provided in § 155-30A(2), the Administrator shall act on any proposed final plat within 60 days after it has been officially submitted.
(2)
The Administrator 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:
(4)
If the subdivider resubmits a previously rejected plat, a new forty-five-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 § 155-30A(2).
(5)
If the Administrator fails to approve, modify or disapprove the plat within the timeframes set forth within this section, the subdivider may, after 10 days' written notice to the Administrator, request immediate approval by the Circuit Court of Warren County, provided that approval of a plat shall not be finally effective until the subdivider has complied with the requirements of this chapter 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.
B.
Review procedures
(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.
(4)
If the final plat is not approved, the Administrator 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.
(5)
In the review of a resubmitted proposed plat, the Administrator 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 Administrator shall provide a written statement conforming to § 155-30B(4).
(6)
Upon the second resubmission of a disapproved plat, the Administrator’s review shall be limited solely to the previously identified deficiencies that cause its disapproval.
(7)
For any third or subsequent resubmission of a plat, the Administrator shall follow any applicable procedures set forth in Code of Virginia, § 15.2-2259, as amended.
(8)
If the subdivider contends that the disapproval of an officially submitted plat is not properly based on this chapter or is arbitrary or capricious, the subdivider may petition the Circuit Court of Warren County to decide whether or not the plat should be approved. The subdivider shall provide 10 days’ written notice of such filing to the Administrator and file the appeal within 60 days of the written disapproval by the Administrator. The court shall hear the matter and make and enter such order as it deems proper, which may include directing approval of the plat.
A.
After approval by the 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.