§ 101-2-1. Procedure.

Whenever any subdivision of land is proposed, the subdivider shall apply for and secure approval of such proposed subdivision in accordance with the following procedure.

(1)(A)

The subdivider must submit a preliminary subdivision plat for all proposed subdivisions creating more than 50 lots and may submit a preliminary subdivision plat for all proposed subdivisions creating 50 or fewer lots. Preliminary subdivision plats must conform to the requirements of this Article, to the regulations adopted under this Article, and to the rules and regulations of the State Health Department concerning the sewage plan, the water plan, and the solid waste plan. However, a preliminary subdivision plat will not be required for a property subject to a proffered generalized development plan, proffered or approved final development plan or approved special exception plat for a cluster subdivision or waiver of minimum lot size requirements, which plan or plat is certified by a professional engineer, architect, landscape architect or land surveyor authorized to practice as such by the State.

(1)(B)

Notice required.

(i)

Any person who submits a preliminary subdivision plat, a final subdivision plat when a preliminary subdivision plat and a construction plan are not required, or a construction plan when a preliminary subdivision plat is not required for approval under the provisions set forth in this Section shall submit written proof of notification of all owners of property wholly or partially within 500 feet of the parcel to be subdivided and at least one homeowners' or civic association within the immediate area as approved by Land Development Services. Such notice shall include notice to owners of properties wholly or partially within 500 feet which lie in an adjoining county or municipality. This notification must be to a minimum of 25 property owners other than the owner of the parcel to be subdivided. If there are fewer than 25 different owners of property wholly or partially within 500 feet of the subject property, then additional notices shall be sent to other property owners in the immediate vicinity so that notices are sent to different owners of not less than 25 properties.

(ii)

Notice shall be sent to the last known address of the owner(s) as shown in the current Real Estate Assessment files and shall be sent by certified mail, return receipt requested. Notice to homeowners' or civic associations shall be sent to the address kept on file by the County Office of Public Affairs, or if none is on file, to the registered address kept on file with the State Corporation Commission.

(iii)

All written notice required by this paragraph shall include the following information:

(1)

the tax map reference number;

(2)

the street address of the parcel;

(3)

the preliminary subdivision plat, construction plan, or final subdivision plat name;

(4)

the County identification number;

(5)

the address and telephone number of the County Office where a copy of the preliminary subdivision plat, construction plan, or final subdivision plat may be reviewed or to where questions may be directed;

(6)

a description of the proposed development including the number of units, area in acres, and density;

(7)

the amount of open space provided for any proposed cluster development;

(8)

a description of the location of the proposed development including the name of the nearest road, the side of the road on which the project is located, identification of the nearest existing road intersection, and the estimated distance from that intersection;

(9)

a statement that the proposed construction may alter storm drainage from the site;

(10)

the name, address and telephone number of a representative of the applicant; and

(11)

a reduction of the plan or plat showing the proposed development at a scale of 1 inch = 500 feet or larger on 8 ½ inch by 11 inch sheet(s).

(iv)

The notice shall state that:

(1)

Changes and corrections to the preliminary subdivision plat, construction plan, or final subdivision plat may occur prior to approval;

(2)

any person wishing to comment on the preliminary subdivision plat, construction plan, or final subdivision plat should submit comments to the County Office identified in the notice;

(3)

any person wishing to be notified of the approval of the preliminary subdivision plat, construction plan, or final subdivision plat should submit a written request to that effect to the County Office identified in the notice;

(4)

the preliminary subdivision plat, construction plan, or final subdivision plat is subject to approval after the expiration of 30 days after the postmark date of the notice unless releases are executed by all property owners required to be notified; and

(5)

if releases are executed by all property owners required to be notified, the preliminary subdivision plat, construction plan, or final subdivision plat may be approved sooner than 30 days after the postmark date of the notice.

(v)

The subdivider shall send a copy of the written notification letter to the Board Member in whose district the subdivision is located on the same date the abutting property owners specified in Paragraph (1)(B)(i) above are notified.

(vi)

No preliminary subdivision plat, construction plan, or final subdivision plat shall be approved within 30 days following the postmark date on the white receipts for the certified mailings unless releases are executed by all property owners required to be notified. If releases are executed by all property owners required to be notified, the plat or plan may be approved sooner than 30 days after the postmark date on the white receipts for the certified mailings. The original executed releases shall be submitted to the Director on a standard form available from the Director.

(2)

The subdivider shall, after receiving approval of a proffered generalized development plan, proffered or approved final development plan, or approved special exception plat for a cluster subdivision or waiver of the minimum lot size requirements, which plan or plat is certified by a professional engineer, architect, landscape architect or land surveyor authorized to practice as such by the State, or a preliminary subdivision plat, submit a construction plan (unless the subdivider chooses to convey pursuant to provisions of Section 101-2-4(c)(2)) which conforms to the requirements of this Article, to State and County standards for the control of erosion and sedimentation, and to the Utility Plan requirements of the Virginia Code, Section 15.2-2269. Such construction plan shall be submitted prior to submission of the final subdivision plat or in conjunction with the subdivision of such plat.

(3)

The subdivider shall, after receiving approval of a proffered generalized development plan, proffered or approved final development plan, or approved special exception plat for a cluster subdivision or waiver of the minimum lot size requirements, which plan or plat is certified by a professional engineer, architect, landscape architect or land surveyor authorized to practice as such by the State, or a preliminary subdivision plat, submit a final subdivision plat which conforms with the requirements of this Article and with the regulations adopted under this Article. In the case of a minor adjustment of property lines or a simple subdivision, where no public improvements are required under Section 101-2-2 or the Public Facilities Manual, a final plat may be submitted and no preliminary plat shall be required. In the case of a minor adjustment of property lines for lots located within a cluster subdivision approved by the Director pursuant to Section 101-2-8, the provisions of Section 101-2-8(g) shall be met in addition to all other applicable requirements. In the case of a minor adjustment of property lines, no public improvements as described in Section 101-2-2 and the Public Facilities Manual are required except as noted herein. The Director may require as a condition of approval of a final subdivision plat for a simple subdivision or a minor adjustment of property lines, the dedication of public easements, rights-of-way, and utility easements as may be deemed necessary in order to comply with the minimum requirements set forth in Section 101-2-2. Notice requirements for submission of a final subdivision plat shall apply.

(4)

The subdivider shall, where necessary, secure an air quality permit from the appropriate board or agency prior to commencing construction of any project or improvement.

(5)

Subdivision plats proposing the development or construction of affordable dwelling units in accordance with Part 8 of Article 2 of the Zoning Ordinance shall be processed within 280 days from the receipt thereof, provided such plats substantially comply with all ordinance requirements when submitted. The calculation of the review period shall include only that time the plats are in for County review, and shall not include such time as may be required for revisions or modifications in order to comply with ordinance requirements.

(6)

The subdivider shall obtain all wetlands permits required by law prior to commencing land disturbing activities and shall provide evidence of such permits to the Director. (9-75-23; 19-75-23; 1961 Code, § 123-2.1; 23-76-101; 11-77-101; 16-78-101; 37-78-101; 3-89-101; 6-89-101; 26-90-101; 20-93-101; 47-96-101; 36-97-101; 39-97-101; 37-00-101; 27-02-101; 17-04-101; 1-06-101; 23-17-101; 16-18-101.)

Footnotes:

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8. When the existing Subdivision Ordinance was adopted in 1947, the necessary review time was considerably less than is needed today. The previous ordinance provided thirty (30) days for action upon a preliminary plat, then thirty (30) days for action upon a final plat. The actual time required for an adequate review has lengthened over the years and some reviews have taken over a year.  The additional plans and permits, mentioned in the process outlined in the Ordinance provisions are all a direct result of State or Federal legislation.   (1) Sewage plan—required under State Health Department regulations, effective July 1, 1974.   (2) Water plan—required under State Health Department regulations, effective July 1, 1974.   (3) Solid waste plan—required under State Health Department regulations, effective July 1, 1974.   (4) Utility plan—required under Va. Code Ann., § 15.1-480.   (5) Erosion and sediment control plan—required under Va. Code Ann., § 15.1-89.1, et seq. and regulations promulgated thereunder.   (6) Air quality permit—required for "land development" under State Air Pollution Control Board regulations. Although other permits may be required, they do not generally apply to the subdivision of land. Any person developing on or adjacent to a waterway should check with the State Water Control Board concerning the necessity of a permit.