ORDINANCE

A SUBDIVISION Ordinance Text Amendment to Sections 9-3 and 9-4 to change the filing dates for preliminary subdivision plats from forty (40) days to sixty (60) days prior to the Planning Commission meeting

            WHEREAS, on December 10, 2008, the Planning Commission initiated this text amendment; and

WHEREAS, on January 29, 2009, the Planning Commission held a public hearing on the proposed text amendment and forwarded the proposed text amendment to the Board of Supervisors recommending approval; and  

            WHEREAS, on March 12, 2009, the Fauquier County Board of Supervisors held a public hearing on this amendment; and

            WHEREAS, adoption of the attached amendment to Sections 9-3 and 9-4 supports good subdivision practices, convenience, and the general welfare; now, therefore, be it           

            ORDAINED by the Fauquier County Board of Supervisors this 12th day of March 2009, That Sections 9-3 and 9-4 be, and are hereby, amended as follows:

9-3       Application and Filing

An application for preliminary plan approval shall be submitted to the agent accompanied by eighteen (18) copies of plans and support materials required by this Ordinance and by the rules of the agent and accompanied by the required fee.  No application can be submitted without appropriate support materials.  Such application and materials shall be submitted not later than forty (40) sixty (60) days prior to the date of the Planning Commission meeting at which the applicant wishes the plat to be considered.  The submission shall be considered officially filed once approved by the agent in accordance with Section 9-4 of this Ordinance.

9-4       Application Review

The agent shall have seven (7) working days to review the application, plans and support materials in order to determine that the submission and content requirements have been met.  Once the application is reviewed, written notification of the acceptance or rejection of the submission shall be sent to the applicant by mail not later than ten (10) days after the date of submission.  If accepted, the submission shall be officially filed and shall be placed on the Planning Commission agenda.  If rejected, the subdivider will be notified in writing with a list of deficiencies.  Upon receipt of the deficiencies, the applicant may submit a revised preliminary plat addressing the deficiencies no later than forty (40) sixty (60) days prior to the next scheduled Planning Commission meeting.  Upon review and acceptance of the corrected submission, the application shall be considered officially filed and placed on the agenda.  If rejected, the subdivider will be notified as stated above.

Written notice of the filing of a preliminary plat and the meeting date shall be sent to adjacent property owners and the applicant no later than seven (7) days after the submission is officially filed.  In no case shall notification be sent less than fourteen (14) days before the Planning Commission meeting.  Notice sent to the last known address of such owner(s) as shown on the current real estate tax assessment book shall be deemed adequate compliance with the requirements.  The provision of notice shall be the responsibility of the Office of Community Development and Zoning.  A list of adjacent property owners shall be provided by the applicant.

Failure to notify the applicant within the specified time shall result in the application being considered officially filed.  Failure to notify the adjacent property owners within the specified time period shall result in an automatic tabling and re-notification of the filing.

 

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