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2022 SESSION
22103287DBe it enacted by the General Assembly of Virginia:
1. That [ § ] § 15.2-2201 [ and 15.2-2241 ] of
the Code of Virginia [ are is ] amended and reenacted as follows:
§ 15.2-2201. Definitions.
As used in this chapter, unless the context requires a different meaning:
"Affordable housing" means, as a guideline, housing that is affordable to households with incomes at or below the area median income, provided that the occupant pays no more than thirty percent of his gross income for gross housing costs, including utilities. For the purpose of administering affordable dwelling unit ordinances authorized by this chapter, local governments may establish individual definitions of affordable housing and affordable dwelling units including determination of the appropriate percent of area median income and percent of gross income.
"Conditional zoning" means, as part of classifying land within a locality into areas and districts by legislative action, the allowing of reasonable conditions governing the use of such property, such conditions being in addition to, or modification of the regulations provided for a particular zoning district or zone by the overall zoning ordinance.
"Development" means a tract of land developed or to be developed as a unit under single ownership or unified control which is to be used for any business or industrial purpose or is to contain three or more residential dwelling units. The term "development" shall not be construed to include any tract of land which will be principally devoted to agricultural production.
"Historic area" means an area containing one or more buildings or places in which historic events occurred or having special public value because of notable architectural, archaeological or other features relating to the cultural or artistic heritage of the community, of such significance as to warrant conservation and preservation.
"Incentive zoning" means the use of bonuses in the form of increased project density or other benefits to a developer in return for the developer providing certain features, design elements, uses, services, or amenities desired by the locality, including but not limited to, site design incorporating principles of new urbanism and traditional neighborhood development, environmentally sustainable and energy-efficient building design, affordable housing creation and preservation, and historical preservation, as part of the development.
"Local planning commission" means a municipal planning commission or a county planning commission.
"Military installation" means a base, camp, post, station, yard, center, homeport facility for any ship, or other activity under jurisdiction of the U.S. Department of Defense, including any leased facility, or any land or interest in land owned by the Commonwealth and administered by the Adjutant General of Virginia or the Virginia Department of Military Affairs. "Military installation" does not include any facility used primarily for civil works, rivers and harbors projects, or flood control projects.
"Mixed use development" means property that incorporates two or more different uses, and may include a variety of housing types, within a single development.
"Official map" means a map of legally established and proposed public streets, waterways, and public areas adopted by a locality in accordance with the provisions of Article 4 (§ 15.2-2233 et seq.) hereof.
"Planned unit development" means a form of development characterized by unified site design for a variety of housing types and densities, clustering of buildings, common open space, and a mix of building types and land uses in which project planning and density calculation are performed for the entire development rather than on an individual lot basis.
"Planning district commission" means a regional planning agency chartered under the provisions of Chapter 42 (§ 15.2-4200 et seq.) of this title.
"Plat" or "plat of subdivision" means the schematic representation of land divided or to be divided and information in accordance with the provisions of §§ 15.2-2241, 15.2-2242, 15.2-2258, 15.2-2262, and 15.2-2264, and other applicable statutes.
"Preliminary subdivision plat" means the proposed schematic representation of development or subdivision that establishes how the provisions of §§ 15.2-2241 and 15.2-2242, and other applicable statutes will be achieved.
"Resident curator" means a person, firm, or corporation that leases or otherwise contracts to manage, preserve, maintain, operate, or reside in a historic property in accordance with the provisions of § 15.2-2306 and other applicable statutes.
"Site plan" means the proposal for a development or a subdivision including all covenants, grants or easements and other conditions relating to use, location and bulk of buildings, density of development, common open space, public facilities and such other information as required by the subdivision ordinance to which the proposed development or subdivision is subject.
"Special exception" means a special use that is a use not permitted in a particular district except by a special use permit granted under the provisions of this chapter and any zoning ordinances adopted herewith.
"Street" means highway, street, avenue, boulevard, road, lane, alley, or any public way.
"Subdivision," unless otherwise defined in an
ordinance adopted pursuant to § 15.2-2240, means the division of a parcel of
land into three or more lots or parcels of less than five acres each for the
purpose of transfer of ownership or building development, or, if a new street
is involved in such division, any division of a parcel of land. The term
includes resubdivision and, when appropriate to the context, shall relate to
the process of subdividing or to the land subdivided and solely for the purpose
of recordation of any single division of land into two lots or parcels, a plat
of such division shall be submitted for approval in accordance with §
15.2-2258. Nothing in this definition, section, nor any ordinance adopted
pursuant to § [ 15.2-2440 15.2-2240 ] shall
preclude different owners of adjacent parcels from entering into a valid and
enforceable boundary line agreement with one another [ so long as such
agreement is only used to resolve a bona fide property line dispute, the
boundary adjustment does not move by more than 250 feet from the center of the
current platted line or alter either parcel's resultant acreage by more than
five percent of the smaller parcel size, and such agreement does not create an additional
lot, alter the existing boundary lines of localities, result in greater street
frontage, or interfere with a recorded easement ] . For any property
affected by this definition, any division of land subject to a partition suit
by virtue of order or decree by a court of competent jurisdiction shall take
precedence over the requirements of Article 6 (§ 15.2-2240 et seq.) and the
minimum lot area, width, and frontage requirements in the zoning ordinance
[ so long as the lot or parcel resulting from such order or decree does not
vary from minimum lot area, width, and frontage requirements by more than 20
percent ] .
"Variance" means, in the application of a zoning ordinance, a reasonable deviation from those provisions regulating the shape, size, or area of a lot or parcel of land or the size, height, area, bulk, or location of a building or structure when the strict application of the ordinance would unreasonably restrict the utilization of the property, and such need for a variance would not be shared generally by other properties, and provided such variance is not contrary to the purpose of the ordinance. It shall not include a change in use, which change shall be accomplished by a rezoning or by a conditional zoning.
"Working waterfront" means an area or structure on, over, or adjacent to navigable waters that provides access to the water and is used for water-dependent commercial, industrial, or governmental activities, including commercial and recreational fishing; tourism; aquaculture; boat and ship building, repair, and services; seafood processing and sales; transportation; shipping; marine construction; and military activities.
"Working waterfront development area" means an area containing one or more working waterfronts having economic, cultural, or historic public value of such significance as to warrant development and reparation.
"Zoning" or "to zone" means the process of classifying land within a locality into areas and districts, such areas and districts being generally referred to as "zones," by legislative action and the prescribing and application in each area and district of regulations concerning building and structure designs, building and structure placement and uses to which land, buildings and structures within such designated areas and districts may be put.
[ § 15.2-2241. Mandatory provisions of a subdivision
ordinance.
A. A subdivision ordinance shall include reasonable
regulations and provisions that apply to or provide:
1. For plat details which shall meet the standard for plats
as adopted under § 42.1-82 of the Virginia Public Records Act (§ 42.1-76 et
seq.);
2. 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, including, for ordinances and
amendments thereto adopted on or after January 1, 1990, for the coordination of
such streets with existing or planned streets in existing or future adjacent or
contiguous to adjacent subdivisions;
3. For adequate provisions for drainage and flood control,
for adequate provisions related to the failure of impounding structures and
impacts within dam break inundation zones, and other public purposes, and for
light and air, and for identifying soil characteristics;
4. For the extent to which and the manner in which streets
shall be graded, graveled or otherwise improved and water and storm and
sanitary sewer and other public utilities or other community facilities are to
be installed;
5. For the acceptance of dedication for public use of any
right-of-way located within any subdivision or section thereof, which has
constructed or proposed to be constructed within the subdivision or section
thereof, any street, curb, gutter, sidewalk, bicycle trail, drainage or
sewerage system, waterline as part of a public system or other improvement
dedicated for public use, and maintained by the locality, the Commonwealth, or
other public agency, and for the provision of other site-related improvements
required by local ordinances for vehicular ingress and egress, including
traffic signalization and control, for public access streets, for structures
necessary to ensure stability of critical slopes, and for storm water
management facilities, financed or to be financed in whole or in part by
private funds only if the owner or developer (i) certifies to the governing
body that the construction costs have been paid to the person constructing such
facilities or, at the option of the local governing body, presents evidence
satisfactory to the governing body that the time for recordation of any
mechanics lien has expired or evidence that any debt for said construction that
may be due and owing is contested and further provides indemnity with adequate
surety in an amount deemed sufficient by the governing body or its designated
administrative agency; (ii) furnishes to the governing body a certified check
or cash escrow in the amount of the estimated costs of construction or a
personal, corporate or property bond, with surety satisfactory to the governing
body or its designated administrative agency, 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; or (iii) furnishes to the governing body a bank
or savings institution's letter of credit on certain designated funds
satisfactory to the governing body or its designated administrative agency as
to the bank or savings institution, the amount and the form. The amount of such
certified check, cash escrow, bond, or letter of credit shall not exceed the
total of the estimated cost of construction based on unit prices for new public
or private sector construction in the locality and a reasonable allowance for
estimated administrative costs, inflation, and potential damage to existing
roads or utilities, which shall not exceed 10 percent of the estimated construction
costs. If the owner or developer defaults on construction of such facilities,
and such facilities are constructed by the surety or with funding from the
aforesaid check, cash escrow, bond or letter of credit, the locality shall be
entitled to retain or collect the allowance for administrative costs to the
extent the costs of such construction do not exceed the total of the originally
estimated costs of construction and the allowance for administrative costs.
"Such facilities," as used in this section, means those facilities
specifically provided for in this section.
If a developer records a final plat which may be a section
of a subdivision as shown on an approved preliminary subdivision plat and
furnishes to the governing body a certified check, cash escrow, bond, or letter
of credit in the amount of the estimated cost of construction of the facilities
to be dedicated within said section for public use and maintained by the
locality, the Commonwealth, or other public agency, the developer shall have the
right to record the remaining sections shown on the preliminary subdivision
plat for a period of five years from the recordation date of any section, or
for such longer period as the local commission or other agent may, at the
approval, determine to be reasonable, taking into consideration the size and
phasing of the proposed development, subject to the terms and conditions of
this subsection and subject to engineering and construction standards and
zoning requirements in effect at the time that each remaining section is
recorded. In the event a governing body of a county, wherein the highway system
is maintained by the Department of Transportation, has accepted the dedication
of a road for public use and such road due to factors other than its quality of
construction is not acceptable into the secondary system of state highways,
then such governing body may, if so provided by its subdivision ordinance,
require the subdivider or developer to furnish the county with a maintenance
and indemnifying bond, with surety satisfactory to the governing body or its
designated administrative agency, in an amount sufficient for and conditioned
upon the maintenance of such road until such time as it is accepted into the
secondary system of state highways. In lieu of such bond, the governing body or
its designated administrative agency may accept a bank or savings institution's
letter of credit on certain designated funds satisfactory to the governing body
or its designated administrative agency as to the bank or savings institution,
the amount and the form, or accept payment of a negotiated sum of money
sufficient for and conditioned upon the maintenance of such road until such
time as it is accepted into the secondary system of state highways and assume
the subdivider's or developer's liability for maintenance of such road.
"Maintenance of such road" as used in this section, means maintenance
of the streets, curb, gutter, drainage facilities, utilities or other street
improvements, including the correction of defects or damages and the removal of
snow, water or debris, so as to keep such road reasonably open for public
usage.
As used in this section, "designated administrative
agency" means the planning commission of the locality or an agent
designated by the governing body of the locality for such purpose as set forth
in §§ 15.2-2258 through 15.2-2261;
6. For conveyance of common or shared easements to
franchised cable television operators furnishing cable television and public
service corporations furnishing cable television, gas, telephone and electric
service to the proposed subdivision. Once a developer conveys an easement that
will permit electric, cable or telephone service to be furnished to a
subdivision, the developer shall, within 30 days after written request by a
cable television operator or telephone service provider, grant an easement to
that cable television operator or telephone service provider for the purpose of
providing cable television and communications services to that subdivision,
which easement shall be geographically coextensive with the electric service
easement, or if only a telephone or cable service easement has been granted,
then geographically coextensive with that telephone or cable service easement;
however, the developer and franchised cable television operator or telephone
service provider may mutually agree on an alternate location for an easement.
If the final subdivision plat is recorded and does not include conveyance of a
common or shared easement as provided herein, the local planning commission or
agent designated by the governing body to review and act on submitted
subdivision plats shall not be responsible to enforce the requirements of this
subdivision;
7. For monuments of specific types to be installed
establishing street and property lines;
8. That unless a plat is filed for recordation within six
months after final approval thereof 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; 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 its
designated administrative agency, or where the developer has furnished surety
to the governing body or its designated administrative agency 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 governing body or its designated
administrative agency, whichever is greater;
9. 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 commensurate with the services rendered taking into consideration the
time, skill and administrator's expense involved. All such charges heretofore
made are hereby validated;
10. For reasonable provisions permitting a single division
of a lot or parcel for the purpose of sale or gift to a member of the immediate
family of the property owner in accordance with the provisions of § 15.2-2244;
and
11. For the periodic partial and final complete release of
any bond, escrow, letter of credit, or other performance guarantee required by
the governing body under this section in accordance with the provisions of §
15.2-2245.
12. For divisions of property located wholly within an
agricultural zoning district for bona fide agricultural use and not for
development purposes, known as agricultural subdivisions, which may also
include one or more of the following provisions: (i) the original tract of land
is divided into parcels each consisting of no less than a number of acres specified
in the provision that shall not exceed 15 acres, including the residual of the
original tract; (ii) no new or extended public streets or other public
facilities are required to serve the parcels as divided; (iii) the plat
depicting the division contains a note stating that the property is to be used
for bona fide agricultural purposes only; (iv) all parcels created by the
division conform with applicable minimum development criteria set out in the
city's zoning ordinance; and (v) no portion of the original tract of land is
further subdivided for a period of one year from date of recordation of the
plat depicting the agricultural division of land, unless such property has been
appropriately rezoned for development.
B. No locality shall require that any certified check, cash
escrow, bond, letter of credit or other performance guarantee furnished
pursuant to this chapter apply to, or include the cost of, any facility or
improvement unless such facility or improvement is shown or described on the
approved plat or plan of the project for which such guarantee is being
furnished. Furthermore, the terms, conditions, and specifications contained in
any agreement, contract, performance agreement, or similar document, however
described or delineated, between a locality or its governing body and an owner
or developer of property entered into pursuant to this chapter in conjunction
with any performance guarantee, as described in this subsection, shall be
limited to those items depicted or provided for in the approved plan, plat,
permit application, or similar document for which such performance guarantee is
applicable. ]