§ 101-2-5. Final subdivision plat.

(a)

Who may prepare. Final subdivision plats which are intended for recording must be prepared by a professional engineer or land surveyor licensed to practice in the Commonwealth of Virginia. In addition, plats and plans submitted under the County's Plans Examiner Program must be reviewed and recommended for submission by a Plans Examiner in accordance with Chapter 117 (Expedited Land Development Review) of the Code of the County of Fairfax, Virginia.

(b)

Generally. The original of the final plat and prints of the final plat of the subdivision or section thereof, accompanied by payment of all required fees, must be submitted for approval. The required number of copies of the final plat will be determined by the Director. The Director may provide for the submission of plats electronically in lieu of prints. If a construction plan for the proposed subdivision or section thereof has not previously been submitted, then it must be submitted in conjunction with the submission of the final plat of the subdivision or section thereof. The original and one print of the final plat with the action of the approving authority noted thereon will be retained by the Director until such time as the same is to be recorded. At that time, the original and one print of the final plat will be transmitted forthwith to the office of the Clerk of the Circuit Court in a manner acceptable to the Director. After recordation, the Clerk of the Circuit Court will return the original of the final plat to the Director who will return it to the surveyor or engineer who prepared the plat.

(c)

Preparation. Final subdivision plats must be prepared in accordance with the regulations set forth and established under this Section and must be submitted in English units of measurement. Such plats must be drawn in ink on suitable material to a scale of 1″ = 100′ or larger with clearly legible letters and figures which will be legible after copying on a sheet or sheets not less than eight and one-half (8½) inches by eleven (11) inches, nor more than eighteen (18) inches by twenty-four (24) inches. The Director may provide for the submission of final subdivision plats electronically in lieu of prints. Final subdivision plats must show the following information:

(1)

Name of subdivision, district, county, state, owner, north point, the scale and date of drawing and number of sheets. If shown on more than one (1) sheet, match lines shall clearly indicate where the several sheets join. A blank oblong space four (4) inches by six (6) inches shall be reserved for the use of the approving authority.

(2)

Location of proposed subdivision by an inset map at a scale of not less than two (2) inches equals one (1) mile indicating thereon adjoining roads and their names and numbers, town, subdivisions and other landmarks.

(3)

A boundary survey of the site, with a maximum permissible error of closure within the limit of one in 20,000, related to the Virginia Coordinate System of 1983 (VCS 83) North Zone. Two adjacent corners or two points on every plan sheet shall be referenced to the VCS 83 with coordinate values shown in feet. If a conversion from meters to feet is necessary, the foot definition used for conversion is the U.S. Survey Foot of 1 ft. = 1200/3937 E+00 meters. Plats may be related to true north or meridian of record for properties located more than 1.24 miles (2.0 kilometers) from one or both of the two nearest VCS 83 monuments, with distance measured along a straight line from each monument to the closest point on the property boundary. Plats for subdivisions creating no more than two lots may be related to true north or meridian of record. Plats referenced to VCS 83 shall be annotated as follows: "The plat of the property shown hereon is referenced to the Virginia Coordinate System of 1983 as computed from a field run boundary and horizontal control survey that ties this boundary to the Fairfax County Survey Monument (insert number and name of monument and show combined grid and elevation factor) or NOAA/NGS Survey Monument (insert PID number and designation with the combined scale factor)." It is the surveyor's responsibility to ascertain the existence of VCS 83 control monuments to be utilized in their surveys. Assistance will be provided by the County Surveyor, Department of Public Works and Environmental Services, to the extent of granting access to County records on VCS 83 control data. If using a GPS Static, or Virtual Reference System for deriving horizontal and/or vertical control, coordinates must be stated in VCS 83, North Zone, U.S. Survey Foot units, with NGVD 1929 vertical datum and so stated in the above format.

(4)

The surveyor or engineer shall endorse upon each such plat a signed certificate setting forth the source of title of the owner of the land subdivided and the place of record of the last instrument in the chain of title; when the plat is of land acquired from more than one (1) source of title, the outlines of the several tracts shall be indicated upon such plat.

(5)

Every such plat, or deed of dedication to which the plat is attached, shall contain in addition to the professional engineer's or land surveyor's certificate a statement as follows: "The platting or dedication of the following described land (here insert a correct description of the land subdivided) is with the free consent and in accordance with the desire of the undersigned owners, proprietors, and trustees, if any." The statement shall be signed by such persons and duly acknowledged before some officer authorized to take acknowledgment of deeds. When thus executed and acknowledged, the plat, subject to the provisions herein, shall be filed and recorded in the office of the Clerk of the 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 statement, and under the name of the subdivision.

(6)

The accurate location and dimensions by bearings and distances with all curve data of all lot and street lines, center lines of streets, center lines of all easements, boundary lines of all parks, school sites or other public areas; the house number and area of all single-family dwelling building sites; all existing and platted streets, their names, numbers and width (if definable); existing and proposed utility easements; and, a note stating that any future easement or authorization for electric, cable, telephone or gas services to be furnished to the property must comply with the provisions of § 15.2-2241(6) of the Virginia Code. Names of owners or lot and subdivision names, accurate location of their property lines, both within the boundaries of the subdivision and adjoining such boundaries.

(7)

All dimensions shown in feet and decimals of a foot to the closest one one-hundredth (1/100) of a foot; all bearings in degrees, minutes and seconds, which may be to the nearest ten seconds.

(8)

The data for all curves or portions thereof along street frontages shall be shown in detail at the curve or in a curve data table containing the following:Delta, radius, arc, tangent, chord and chord bearing.

(9)

Land within an adopted Pro Rata Road Reimbursement District shall be so designated, with the pro rata road reimbursement payment calculations for each proposed use and the sum total of payments to be reimbursed.

(10)

A statement by the owner/developer certifying that all wetlands permits required by law will be obtained prior to commencing land disturbing activities.

(11)

The specific lots which will contain affordable dwelling units pursuant to Part 8 of Article 2 of the Zoning Ordinance shall be designated on the final subdivision plat. For multiple section developments where not all the required affordable dwelling units are to be provided in the first section of the development, the final subdivision plat for the first section and all subsequent sections shall contain a notation identifying in which section(s) the affordable dwelling units will be or have been provided and a total of all affordable dwelling units for which such plat(s) have been approved.

Additionally, at the time of final subdivision plat submission, the owner and/or applicant shall submit an affidavit which shall include:

A.

The names of the owners of each parcel of the sites or portions thereof at one location, as such term is defined in Par. 1 of Sect. 2-802 of the Zoning Ordinance; and

B.

The Fairfax County Property Identification Map Number, parcel size and zoning district classification for each parcel which is part of the site or portion thereof.

(12)

All Resource Protection Area (RPA) boundaries and all Resource Management Area boundaries and a note or notes with the following information:

(i)

The source of the boundary information;

(ii)

The RPA is to remain undisturbed and vegetated in accordance with the requirements of Section 118-3-3(f) of Chapter 118 of the County Code;

(iii)

Only water dependent facilities or redevelopment is permitted in the RPA; and

(iv)

Where houses are to be served by on-site sewage disposal systems, each disposal system shall be pumped-out at least once every five (5) years and each disposal system shall be provided with a reserve sewage disposal site with a capacity at least equal to that of the primary sewage disposal site. Building shall be prohibited on the area of all such sewage disposal sites, including the reserve sewage disposal site, until the structure is connected to public sewer or an on-site sewage treatment system that operates under a permit issued by the State Water Control Board.

(13)

A note stating that individual parcels shall be developed in accordance with the approved stormwater management plan for the subdivision.

(14)

The extent of any dam break inundation zone of a state-regulated impounding structure must be identified and labeled with the name and state-issued identification number of the impoundment. This requirement does not apply to any development proposed downstream of a dam for which a dam break inundation zone map is not on file with the county as of the time of submission of the plat.

(d)

Approval.

(1)

Final plats shall be acted upon within sixty (60) days, except under abnormal circumstances, from receipt thereof. If disapproved, the reason or reasons for such disapproval shall be shown on the plat or in a separate document. The reasons for disapproval shall identify all deficiencies in the plat which cause the disapproval by reference to specific duly adopted ordinances, regulations, or policies, and shall generally identify such modifications or corrections as will permit approval of the plat. Final plats shall be approved for the Board of Supervisors, by the Director, and such action shall be evidenced thereon by his signature; provided,

(A)

Such plats are in satisfactory accordance with 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 an approved preliminary plat and the provisions of this Chapter and, as such have been recommended for approval to the Director, which action shall be evidenced on the copies by appropriate signatures and such plats have been approved by the Director of Health Services or his agent which action shall be evidenced on the copies by his signature; and

(B)

All physical improvements required by the provisions of this Chapter for the subdivision so platted shall have been installed therein, and approved for conformance with the construction plans and specifications therefor, such construction plans and specifications having been submitted and approved prior to the commencement of construction; except in lieu of actual installation of such physical improvements, there shall be executed by the subdivider and submitted with the final plat an agreement to construct such physical improvements in form and substance as approved by the County, together with a bond with surety satisfactory to the County, in an amount sufficient for and conditioned upon the construction of such physical improvements in form and substance as approved by the County in the amount of the estimated cost of the physical improvements as determined by the Director. Such agreement and bond shall provide for completion of all work covered thereby within a time to be determined by the Director. Failure of the subdivider to complete the required improvements within the specified time (including any extensions of time which are granted for good cause) shall be deemed to be a violation of this Ordinance and the Director shall withhold further permits or approvals until such violation is in the process of being corrected. The adequacy, conditions and acceptability of any initial bond or bond extensions hereunder shall be determined by the Director or any official of the County as designated by resolution of the Board. In any case where any such official has rejected any such agreement or bond, the subdivider shall have the right to have such determination made by the Board of Supervisors; and

(C)

The subdivider has paid to the County the fees set forth in Section 101-2-9 (Fees).

(2)

The construction plan for the required physical improvements shall be submitted prior to or in conjunction with the submission of the final plat and must be approved prior to the approval of the final plats. Construction plans submitted pursuant to Section 101-2-1(2) which are approved on or after January 1, 1992 and approved construction plans submitted pursuant to Section 101-2-1(2) which are valid as of January 1, 1992 shall be null and void if the final subdivision plat is not recorded in the County land records within five years of such approval of the construction plan, provided, however, that where the submission of a preliminary subdivision plat is required by Section 101-2-1(1)(A), construction plans submitted pursuant to Section 101-2-1(2) and approved after July 1, 2002, shall remain valid for so long as the approved preliminary subdivision plat remains valid. Approval of the final plats of subdivisions or sections thereof shall not be deemed the acceptance by the County of any street, alley or other public place shown on the plats for maintenance, repair or operation thereof, and said approval shall be null and void if said plats are not filed for recordation within six months after the date thereof; 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 County, or where the developer has furnished surety to the County by certified check, cash escrow, bond or letter of credit in the amount of the estimated cost of construction of such facilities, 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 County, whichever is greater. Recorded plats valid on or after January 1, 1992 shall be valid for a period of five years after the approval of such recorded final subdivision plats or for such longer period as the Director may, at the time of approval, have determined to be reasonable, taking into consideration the size and phasing of the proposed development. During such period of validity, no change or amendment to any local ordinance, map, resolution, rule, regulation, policy or plan adopted subsequent to the date of approval shall apply if it would adversely affect the right of the developer to commence and complete the approved development, except in case of mistake, fraud or change in circumstances substantially affecting the public health, safety or welfare, or in order to implement to the greatest extent possible local regulations adopted pursuant to the Chesapeake Bay Preservation Act, the Federal Clean Water Act, Section 402 (p.) of the Stormwater Program and regulations promulgated by the Environmental Protection Agency.

(3)

Plans and specifications for the control of erosion and sedimentation, as required, shall be submitted and approved by the Director or his agent. This approval shall be concurrent with the approval of the aforesaid plans and specifications, and become a part thereof.

(4)

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 indicated on such plat to create a public right of passage over the same. The recordation of such plat shall operate to transfer to the County such easements shown on the plat for the conveyance of stormwater, domestic water and sewage, including the installation and maintenance of any facilities utilized for such purposes, as the County may require. Nothing contained in this Section shall affect any right of a subdivider of land heretofore validly reserved. The Clerk of the Circuit Court shall index in the name of all the owners of property affected by the recordation in the grantor's index any plat recorded under this Section. Nothing in this Section shall obligate the County to install or maintain such facilities unless otherwise agreed to by the County. Provided, that where the Director approves, in accordance with this Subdivision Ordinance, a plat or replat of land therein, then upon the recording of such plat or replat in the Clerk's office all rights-of-way, easements or other interest of the County in the land included on the original plat but not shown on the replat shall be terminated and extinguished, except that an interest acquired by consideration and evidenced by a separate instrument of record shall not be affected thereby.

(5)

Upon satisfactory completion, four copies of a certified "as-built" plan shall be submitted to the Director for review and approval for conformance with the approved plan. The certified "as-built" plan shall be prepared in accordance with the provisions set forth in the Public Facilities Manual.

(6)

The subdivider or developer shall be entitled to periodic partial releases and final complete release of any bond, escrow, letter of credit, or other performance guarantee required in support of the obligation to construct the facilities covered by such performance guarantee. For purposes of partial and final complete releases, as provided for in Virginia Code §§ 15.2-851.1 and 15.2-2245 and the Public Facilities Manual, the designated administrative agency shall be Land Development Services and all notices, requests and correspondence required under that statute shall be sent to the Director. (Code 1954, Vol. 2, §§ 5-9, -10, -11; 10-17-56; 7-22-59; 7-20-60; 9-14-66; 12-10-69, § 5; 9-75-23; 1961 Code, § 123-2.5; 17-78-101; 10-80-101; 19-80-101; 9-86-101; 16-86-101; 51-86-101; 26-88-101; 6-89-101; 12-89-101; 27-89-101; 3-90-101; 34-90-101; 6-93-101; 13-93-101; 25-94-101; 28-95-101; 33-96-101; 47-96-101; Ord. 39-97-101; 4-98-101; 22-99-101; 37-00-101; 42-00-101; 27-02-101; 30-03-101; 17-04-101; 27-04-101; 32-06-101; 21-08-101; 39-13-101; 05-15-101; 07-15-101; 23-17-101; 32-19-101.)