SUBDIVISION ORDINANCE

ARTICLE I

AN ORDINANCE TO REGULATE THE SUBDIVISION OF PROPERTY
INTO LOTS, STREETS, ALLEYS, AND OTHER PUBLIC AREAS,
TO PROVIDE FOR THE MAKING AND RECORDING OF PLATS OF
SUCH SUBDIVISION AND THE CERTIFICATION OF SAME, AND
PROVIDE FOR THE APPROVAL OF PLATS


 

                  WHEREAS, Article 7 of the Virginia Planning Act as found in the Code of Virginia, 1950, as amended, Section 15.1-466, et seq., the Governing Body of Highland County, Virginia is authorized to adopt regulations to provide:

    A.     For size, scale, and other plat details;

    B.     "Repealed";

    C.     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;

    D.     For adequate provisions for drainage and flood control and other public purposes, and for light and air;

    E.     For the extent to which and the manner in which streets shall be graded, graveled, or otherwise improved, and water, storm, sanitary sewer, and other public utilities or other community facilities are to be installed;

    F.     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, drainage or sewage system, or other improvement, financed, or to be financed, in whole or in art by private funds only if the owner of developer: (1) certifies to the Governing Body that the construction costs have been paid to the person constructing such facilities; or (2) 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;

    G.     For monuments of specific types to be installed establishing street and property lines;

    H.     That unless a plat be filed for recordation within six (6) months after final approval therof or such longer period as may be approved by the Governing Body, such approval shall be withdrawn and the plat marked void and returned to the approving official;

    I.     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 to commensurate with the services rendered taking into consideration the time, skill, and the Administrator's expense involved. All such charges heretofore made are hereby validated; and

    J.     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 constrction or improvement of his subdivision or develoment provided; however, that no such payment shall be required until such time as the Governing Body or a designated department or agency therof 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 comon 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 Governing Body may provide for the posting of a bond with surety satisfactory to it conditioned on payment at commencement of such construction.

         THEREFORE, BE IT ORDAINED by the Board of Supervisors of Highland County, that the following regulations are hereby adopted for the subdivision of land within unincorporated portions of the County of Highland, and fro and after the effective date of this Ordinance, every owner or proprietor of any tract of land to which 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.
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