§ 54-8. Period of validity of subdivision plat; revisions to preliminary or final plat.  


Latest version.
  • A)

    Period of validity of approved preliminary plat. A preliminary plat shall be valid for a period of five years from the date it is approved pursuant to this chapter, provided that the subdivider submits a final plat for all or a portion of the property within one year of the approval and thereafter diligently pursues approval of the final plat. The failure to officially submit a final plat within the one year period shall render the approval of the preliminary plat null and void. For purposes of this section, the date the preliminary plat is approved shall be the date that the letter of approval is dated.

    B)

    Period of validity of approved final plat. A final plat for a subdivision which is not a phased subdivision shall be subject to this section and shall be valid for the following periods:

    1)

    A final plat shall be valid for a period of one year from the date the agent affixes his dated signature to the plat, or for any other period specified in a surety agreement entered into by and between the subdivider and the county, whichever is later, if: (i) the subdivider has commenced construction of facilities to be dedicated for public use pursuant to an approved plan or permit with approved surety; or (ii) the subdivider has furnished surety in a form authorized by this chapter in the amount of the estimated cost of construction of the facilities.

    2)

    The failure to record an approved final plat in the office of the clerk of the circuit court of the county during its period of validity shall render the approval null and void.

    3)

    For purposes of this section, an approved plat for a minor subdivision, lot line adjustment plat, easement plat or a vacation plat is a "final plat."

    C)

    Period of validity of approved plat for phased subdivision. If a subdivider of a phased subdivision records a final plat which is a section of a subdivision shown on an approved preliminary plat, the plat shall be valid for the following period:

    1)

    The subdivider shall have the right to record the remaining sections shown on the preliminary plat for a period of five years from the date the final plat for the first section was recorded, or for any longer period as the agent or the planning commission may determine to be reasonable if the subdivider furnished to the board of supervisors, as part of the approval of the final plat for that section, a surety in a form authorized by this chapter in the amount of the estimated cost of construction of the facilities to be dedicated within that section for public use and maintained by the county, the commonwealth, or other public agency.

    2)

    The agent or the planning commission may grant a longer period to record the final plats for the remaining sections, if at all, upon the request of the subdivider and at the time of the approval of the final plat for the first section. In acting on a request, the agent or the planning commission shall consider the size and phasing of the proposed development.

    3)

    During the period that a final plat is valid as provided in this section, each plat for each subsequent phase shall be subject to this chapter, engineering and construction standards, and all requirements of the zoning ordinance in effect at the time the plat for each remaining phase is recorded.

    D)

    Extension of period of validity of approved preliminary or final plat. The period of validity of an approved preliminary or final plat may be extended as follows:

    1)

    The period of validity of an approved preliminary plat or an approved but not recorded final plat may be extended by the agent for up to one year from the original date the approval of the plat was scheduled to expire. An extension may be granted only if the subdivider submits a written request for an extension prior to the expiration date of the plat. The written request shall address, to the extent they apply, whether:

    (i)

    All conditions of preliminary plat approval have been substantially satisfied or if not, what governmental agencies or acts of God have caused unusual delays in substantially satisfying the conditions;

    (ii)

    There is significant progress in the construction of improvements;

    (iii)

    There has been a significant relevant change in a relevant policy in the comprehensive plan or any regulation in the zoning ordinance or any other chapter of the Code affecting the property; and

    (iv)

    The project has progressed without being cited for any construction-related violation of the Code or, if a violation occurred, that it was corrected in a timely manner.

    2)

    The agent shall act upon the request on or prior to the date the approval of the plat was scheduled to expire. If the agent fails to approve or disapprove a timely request for extension before the plat expires, the expiration of the plat shall be temporarily suspended until the date of the agent's decision.

    3)

    The agent may grant an extension determined to be reasonable, taking into consideration the size and phasing of the proposed development and the laws, ordinances and regulations in effect at the time of the request for an extension.

    4)

    The period of validity of a recorded final plat may be extended by the agent one or more times for a period as the agent determines to be reasonable. An extension shall be granted only upon a written request of the subdivider which is received by the agent in a timely manner so as to allow the agent to act on the request before the date the approval of the final plat was scheduled to expire. The written request shall satisfy the requirements of paragraph (1), and the agent shall grant an extension only upon consideration of the factors delineated in paragraph (1).

    5)

    A subdivider may appeal the denial of an extension request to the circuit court as provided by Virginia Code.

    E)

    Changes or revisions to preliminary or final plats. Changes, revisions or erasures made to a preliminary or final plat shall be made as follows:

    1)

    An approved preliminary or final plat or accompanying data sheet may be changed or revised, including erasures, only with the prior express written authorization of the agent, except when the change has been required by an applicable state department or agency or the planning commission.

    2)

    An approved final plat which is changed or revised shall be submitted and reviewed as provided in this chapter, provided that the agent may approve minor changes or revisions to the plat if he determines that the plat, as changed or revised: (i) complies with all requirements of this chapter and all other applicable laws; (ii) substantially complies with the approved final plat and all conditions of preliminary plat approval; and (iii) will have no additional adverse impact on adjacent land or public facilities.

    3)

    A changed or revised final plat shall be signed by the property owner.

    (Res. No. 10-01, § c, 6-14-2011, eff. 8-1-2011)

    State Law reference— Va. Code § 15.2-2261(B)(2).

(Res. No. 10-01, § c, 6-14-2011, eff. 8-1-2011)

State law reference

Va. Code § 15.2-2261(B)(2).