Chapter 17.10
PLATS

Sections:

17.10.010    Preparation generally – Recordation.

17.10.020    Preliminary layout – Required – Scale – Contents.

17.10.030    Preliminary layout – Action by planning commission.

17.10.040    Final plat – Filing, scale, etc. – Contents.

17.10.050    Final plat – Approval or disapproval.

17.10.060    Same – Voidance for failure to record.

17.10.070    Minor subdivision plats.

17.10.010 Preparation generally – Recordation.

(1) Except as provided for a minor subdivision as set forth in SCC 17.10.070, any owner or any proprietor of any tract of land situated within the corporate limits of the city who subdivides the same shall cause a plat of such subdivision, with reference to published state plane coordinates, to be made and recorded in the office of the clerk of the circuit court of the city. No such plat of a subdivision shall be recorded unless and until it has been submitted to and approved by the planning commission of the city in accordance with the regulations set forth in this title and so certified by its chairman or other agent designated by the commission and until such plat has also been approved by the city council.

(2) No person shall sell or transfer any such land by reference to or by other use of a plat of a subdivision, before such plat has been duly recorded as provided herein, unless such subdivision was lawfully created prior to the adoption of a subdivision ordinance applicable thereto; provided, that nothing herein contained shall be construed as preventing the recordation of the instrument by which such land is transferred or the passage of title as between the parties to the instrument.

(3) The clerk of circuit court shall not file or record a plat of a subdivision required by this chapter to be recorded until such plat has been approved as required herein, and the penalties provided by Section 17-59 of the Code of Virginia shall apply to any failure to comply with the provisions of this section.

(4) Every such plat shall be prepared by a surveyor or civil engineer duly licensed by the state, who shall endorse upon each such plat a certificate signed by him setting forth the source of the 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 source of title, the outlines of the several tracts shall be indicated upon such plat.

(5) All plats shall have an accuracy within the minimum standards established by the State Board of Architects, Professional Engineers, Land Surveyors, Certified Interior Designers and Landscape Architects and meet the standard for plats as adopted under the Virginia Public Records Act.

(6) Every such plat, or the deed of dedication to which such plat is attached, shall contain, in addition to the surveyor’s or civil engineer’s certificate, a statement to the effect that the above and foregoing subdivision of (here insert correct description of the land subdivided) as appears in this plat is with the free consent and in accordance with the desire of the undersigned owners, proprietors and trustees, if any, which shall be signed by the owners, proprietors and trustees, if any, and shall be duly acknowledged before some officer authorized to take acknowledgments of deeds, and when thus executed and acknowledged shall be filed and recorded in the office of the clerk of the circuit court of the city, and indexed under the names of the owners of the lands signing such statement and under the name of the subdivision.

(7) The recordation of such plat shall operate to transfer, in fee simple, to the city such portion of the premises platted as is on such plat set apart for streets, alleys, public easements or other public use and to create a public right of passage over the same; but nothing contained in this chapter shall affect any right of a subdivider of land heretofore validly reserved.

(8) All private easements and rights-of-way shall be designated as such. (Ord. 2010-08. Code 1964, § 26-6; Code 1985, § 27-18; Ord. 12-16-93).

17.10.020 Preliminary layout – Required – Scale – Contents.

Whenever any subdivision of land is proposed, and before any permit for the erection of a structure shall be granted, the subdivider or agent shall apply in writing to the planning commission for approval of the subdivision plat and submit the required number of paper copies and a digital copy of the preliminary lot, street and utilities layout. The preliminary layout shall be at a scale of not more than 100 feet to the inch and shall show the following:

(1) Proposed subdivision name or identifying title and a description of its location.

(2) Name and address of record owner, subdivider and designer of preliminary layout.

(3) Location of existing structures.

(4) Location of existing and proposed property lines and existing and proposed easements, buildings, watercourses, existing sewers and water lines, culverts, drains and other essential features.

(5) The names of all subdivisions immediately adjacent and the names of owners of record of adjacent property.

(6) Location, names and present widths of existing and proposed streets, highways, easements, building lines, alleys, parks and other public spaces.

(7) All parcels of land proposed to be dedicated for public use and the conditions of such dedication.

(8) Any proposed changes in the use, height, area or density districts under any zoning regulations applicable to the area.

(9) Date, north point and scale.

(10) Deed description and map of survey of the tract boundary made and certified by a licensed surveyor or engineer, total acreage and acreage of subdivided area.

(11) Connections with existing sanitary sewers and existing water supply or alternate means of sewage disposal and water supply.

(12) Provisions for collecting and discharging surface drainage and preliminary designs for any bridges or culverts which may be required.

(13) The proposed lot lines with dimensions and suggested location of buildings.

(14) The location of all improvements including but not limited to streets and utilities (public and private) necessary to serve the development.

(15) Contours at vertical intervals of not more than five feet.

(16) Flood data as required (SCC 18.170.080). (Ord. 2010-08. Code 1964, §§ 26-7, 26-8; Code 1985, § 27-19).

17.10.030 Preliminary layout – Action by planning commission.

The planning commission may discuss the preliminary layout with the subdivider at a meeting of the commission. After such discussion, the commission shall communicate, within 30 days and in writing, to the developer: specific changes that are required in the preliminary layout; the character and extent of public improvements that will have to be made in keeping with the public health, safety, morals and general welfare; and the amount of construction or improvement or the amount of performance bond which it will require as a prerequisite to recommendation of approval of the final subdivision plat. (Ord. 2010-08. Code 1964, § 26-7; Code 1985, § 27-20).

17.10.040 Final plat – Filing, scale, etc. – Contents.

(1) The subdivider shall, within six months after official notification by the commission in respect to the preliminary layout, file with the commission the final subdivision plat. Such plat shall be clearly and legibly drawn at a scale of not more than 100 feet to the inch, providing the required number of paper and digital copies of the plat. After approval of the subdivision plat by the planning commission and the city council, no revision of the lot layout shall be made until a plat of the proposed lot revision is submitted to the planning commission and approved by the planning commission and city council.

(2) The final subdivision plat shall show the following:

(a) Proposed subdivision name or identifying title, location, address of record owner and subdivider; name of the licensed professional surveyor or engineer; the surveyor or engineer’s certificate showing source of title and the owner’s statement of consent in accordance with SCC 17.10.010; and space for the signature of the approving authorities.

(b) Street lines, pedestrian ways, lots, reservations, easements and areas to be dedicated to public use.

(c) All private easements and rights-of-way.

(d) Sufficient data acceptable to the planning commission and council to determine readily the location, bearing and length of every street line, lot line and boundary line and to reproduce them on the ground. Reference should be made to known monuments on the published state plane coordinate system.

(e) The boundaries of the property, location, graphic scale and north point.

(f) Every such plat shall show all lands which the owner proposes to dedicate for public use, together with the covenants, if any, as to the use thereof.

(g) All permanent reference monuments shown by an appropriate symbol on the plat. (Ord. 2010-08. Code 1964, §§ 26-7, 26-9; Code 1985, § 27-21).

17.10.050 Final plat – Approval or disapproval.

(1) The planning commission shall recommend to the city council that it approve, modify or disapprove such plat and the city council shall approve, modify or disapprove such plat.

(2) The plat shall not be approved by the city council until the subdivider has complied with the general requirements and minimum standards of design in accordance with Chapter 17.15 SCC and has made or provided for the improvements as required by the council pursuant to this section and Chapter 17.20 SCC to the satisfaction of the council and so certified on the plat by the city manager. (Ord. 2010-08. Code 1964, § 26-7; Code 1985, § 27-22).

17.10.060 Same – Voidance for failure to record.

Unless the owner of the subdivision shall have the final plat recorded in the office of the clerk of the circuit court of the city of Staunton, Virginia, within six months after final approval thereof by the city council, such approval shall be withdrawn and the plat marked “void” and returned to the planning department for the city of Staunton; 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 governing body, or where the developer has furnished surety to the governing body by certified check, cash, escrow, bond, 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 such final approval or to the time limit specified in the surety agreement approved by the governing body, whichever is the greater. (Code 1964, § 26-7; Code 1985, § 27-23; Ord. 12-16-93).

17.10.070 Minor subdivision plats.

The required number of paper and digital copies of a minor subdivision plat, as set forth herein, shall be submitted to the senior planner or designee for approval as follows:

(1) Plat Requirements. A minor subdivision plat shall contain or be drawn in accordance with the following:

(a) Sheet size to be 18 inches by 24 inches, or 11 inches by 17 inches, or eight and one-half inches by 14 inches, or eight and one-half inches by 11 inches. In cases where more than one sheet is required, they shall be match-marked;

(b) The name of the recorded owner and identification of the plat;

(c) The exact layout, including all dimensions, both linear and angular, for locating lots, streets, alleys, and easements. The linear dimensions shall be expressed in feet and hundredths of a foot and the angular measurements shall be expressed by bearings in degrees, minutes, and seconds. Each curve shall be defined by its chord bearing, chord length, radius, central angle, tangent length, and arc length;

(d) New lot designations;

(e) Existing structures;

(f) Existing and proposed lot lines;

(g) Existing and proposed easements;

(h) All lot lines to be deleted shall be shown as dashed lines and labeled as such;

(i) The plat title shall reflect the intent of the plat;

(j) Approved monumentation shall be shown on the plat;

(k) Date, north point, and scale (not greater than 100 feet to the inch) of the drawing shall be shown on the plat;

(l) The area of each lot or parcel affected by the subdivision;

(m) Name and license of the surveyor or engineer preparing the plat;

(n) Approval signature panel;

(o) Identify adjacent properties;

(p) The plat shall be accompanied by written confirmation as requested by the city from the appropriate officials that a public water and sanitary sewer connection is available for each lot or parcel being created or water supply or septic system permits have been obtained;

(q) Flood data as required in SCC 18.170.080.

(2) Plat Approval. A minor subdivision plat shall be reviewed in accordance with the following procedures:

(a) A minor subdivision plat shall be reviewed by the senior planner or designee. Upon the senior planner or designee’s determination that the plat is in conformance with the requirements of this title, the senior planner or designee shall sign the plat. Approval by the senior planner or designee shall have the same force and effect as approval by the city council. Consideration by the planning commission and the city council shall not be required;

(b) If the senior planner or designee determines that the plat does not meet the requirements of this title, the original and one copy of the plat shall be returned to the applicant with a written explanation of the deficiencies;

(c) The plat shall be either approved or the written explanation of deficiencies shall be forwarded to the applicant within 15 regular workdays of the receipt of the plat. The applicant may elect to treat a failure by the senior planner or designee to act on the plat within 15 regular workdays of receipt of the plat as a decision denying approval;

(d) An applicant may appeal the decision of the senior planner or designee by filing a written request in the office of the clerk of council within 30 days of the decision of the senior planner. Upon appeal, the city council shall consider the plat at the earliest possible date and the decision of the governing body shall supersede the decision of the senior planner.

(3) Voidance for Failure to Record. The approved plat shall be recorded in the office of the clerk of the circuit court of the city of Staunton, Virginia, within six months after its approval; otherwise, the approval of the plat shall be deemed to have been withdrawn and such plat shall be marked “void” and returned to the senior planner. (Ord. 2017-03; Ord. 2010-08; Ord. 2005-14. Code 1985, § 27-24; Ord. 12-16-93).