This chapter shall be known as "An Ordinance
Establishing Rules, Regulations, Procedures and Standards Governing
the Subdivision of Land Into Lots, Streets and Other Public Areas,
To Provide for the Making and Recording of Plats of Such Subdivision
and the Certificates of Same and Provide for the Approval of Plats
and for the Administration, Amendment of Such Regulations and the
Prescription of Penalties for Violation Thereof."
Pursuant to § 15.1-465 et seq., Article
7, Title 15.1, Chapter 11 of the Code of Virginia, 1950,[1] as amended, the governing body of the Town of Stanley,
Virginia, is authorized to adopt regulations to provide:
A.
For size, scale and other plat details.
B.
For the coordination of streets within and contiguous
to the subdivision with other existing or planned streets within the
general area as to location, widths, grades and drainage.
C.
For adequate provisions for drainage and flood control
and other public purposes and for light and air.
D.
For the extent to which and the manner in which streets
shall be graded, graveled or otherwise improved and water and storm
and sanitary sewer and other public utilities or other community facilities
are to be installed.
E.
For the acceptance of dedication for public use of
any right-of-way located within any subdivision which has constructed
therein, or proposed to be constructed therein, any street, curb,
gutter, sidewalk, bicycle trail, drainage or sewerage system or other
improvement, financed or to be financed in whole or in part by private
funds, only if the owner or developer certifies to the governing body
that the construction costs have been paid to the person constructing
such facilities or furnishes to the governing body a certified check
in the amount of the estimated costs of construction or a bond, with
surety satisfactory to the governing body, in an amount sufficient
for and conditioned upon the construction of such facilities, or a
contract for the construction of such facilities and the contractor's
bond, with like surety, in like amount and so conditioned.
F.
For monuments of specific types to be installed establishing
street and property lines.
G.
That unless a plat is filed for recordation within
six months after final approval thereof or such longer period as may
be approved by the governing body, such approval shall be withdrawn
and the plat marked void and returned to the approving official.
H.
For the administration and enforcement of such ordinance,
not inconsistent with provisions contained in this chapter, and specifically
for the imposition of reasonable fees and charges for the review of
plats and plans and for the inspection of facilities required by any
such ordinance to be installed; such fees and charges shall in no
instance exceed an amount commensurate with the services rendered,
taking into consideration the time, skill and administrator's expense
involved. All such charges heretofore made are hereby validated.
I.
For payment by a subdivider or developer of land of
his pro rata share of the cost of providing reasonable and necessary
sewerage and drainage facilities located outside the property limits
of the land owned or controlled by him but necessitated or required,
at least in part, by the construction or improvement of his subdivision
or development; provided, however, that no such payment shall be required
until such time as the governing body or a designated department or
agency thereof shall have established a general sewer and drainage
improvement program for an area having related and common sewer and
drainage conditions and within which the land owned or controlled
by the subdivider or developer is located. Such regulations shall
set forth and establish reasonable standards to determine the proportionate
share of total estimated cost of ultimate sewerage and drainage facilities
required adequately to serve a related and common area, when and if
fully developed in accord with the adopted Comprehensive Plan, that
shall be borne by each subdivider or developer within the area. Such
share shall be limited to the proportion of such total estimated cost
which the increased sewage flow and/or increased volume and velocity
of stormwater runoff to be actually caused by his subdivision or development
bears to total estimated volume and velocity of such sewage and/or
runoff from such area in its fully developed state. Each such payment
received shall be expended only for the construction of those facilities
for which the payment was required, and until so expended shall be
held in an interest-bearing account for the benefit of the subdivider
or developer; provided, however, that in lieu of such payment the
governing body may provide for the posting of a bond with surety satisfactory
to it conditioned on payment at commencement of such construction.
[1]
Editor's Note: Title 15.1 of the Virginia
Code was repealed by Acts 1997, c. 587, effective 12-1-1997. The Town's
authority to promulgate subdivision regulations is now found in Title
15.2, Chapter 22, § 15.2-2240 et seq.
The following regulations are hereby adopted
for the subdivision of land within the corporate limits of the Town
from and after the effective date of this chapter. Every owner or
proprietor of any tract of land to which these regulations apply who
subdivides such tract as provided in these regulations shall cause
a plat of such subdivision, developed and prepared in accordance with
these regulations, with reference to known or permanent monuments,
to be made and recorded in the office of the Clerk of the court wherein
deeds conveying such land are required by law to be recorded.
This chapter is divided into an introduction, including pertinent portions of the state enabling legislation, and six other articles. Article II states the general purpose and title of this chapter. Definitions of important words and phrases in this chapter are presented in Article III. Article IV states the submission process which must be followed by the applicant and Town officials and the review procedure which must be followed by the Town officials for the sketch, preliminary and final plats. General guidance for review of plats is also given. Article V provides the applicant and Town with the requirements for the type of information which must be shown on each plat and accompanying material. Detailed design standards and specifications for the plats are presented in Article VI of this chapter. These standards must be met by all applicants in preparing plats and used by Town officials in reviewing the submissions. Some guidance is also given for review of each type of plat. Article VII contains legal information dealing with amendments, modifications and penalties, etc., for this chapter.
