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The Subdivision Ordinance requires a Final Plat to be filed
within eighteen (18) months of Preliminary Plat approval.
Two (2) six (6) month extensions can currently be granted by
the Planning Commission. Planning Division staff has been
aware for some time that applicants are having difficulty
meeting these deadlines, primarily because in order to file
a Final Plat, an applicant must have an approved
Construction Plan. The Construction Plan review process is
quite lengthy and detailed.
In the past, applicants often filed a “placeholder” Final
Plat, which had few details, in order to meet the ordinance
deadline. Some of these “placeholder” plats have been around
for five years. This is no longer possible now that the
County uses the Engineers and Surveyors Institute (ESI) for
plan review. “Placeholder” Final Plats cannot pass the ESI
review, and thus can no longer be filed.
After reviewing the length of time it takes to submit and
receive approval for a Construction Plan, staff has proposed
a three (3) year timeframe for filing a Final Plat. This
should allow an applicant sufficient time to receive
approval for a Construction Plan. Staff has also proposed
that the Planning Commission have authority to grant an
extension in extenuating circumstances. While no time limit
was proposed at the Planning Commission public hearing, a
recent Attorney General’s opinion on this subject noted the
requirement for the timeframe to be stated in the
ordinance. Therefore, staff is now suggesting a maximum one
(1) year extension in extenuating circumstances.
Another issue, which was recently brought to the attention
of the Planning Commission, is the length of time needed to
file Final Plats for multiple phase subdivisions. In the
case of the Brookside Development, the Planning Commission
granted Brookside an extension for a period of up to fifteen
years, provided that at least one Final Plat is recorded
within each five-year period subsequent to the date of
approval. In order to comply with the Code of Virginia,
staff has recommended that language from §15.2-2260(G) and
§15.2-2241 of the Code be added to the Subdivision Ordinance
– Once an approved final subdivision plat for all or a
portion of the property of a multiple phase development is
recorded, the underlying preliminary plat shall remain valid
for a period of five years from the date of the latest
recorded plat of subdivision for the property
or for such longer
period as the Planning Commission may, at the time of
preliminary plat approval, determine to be reasonable taking
into consideration the size and phasing of the proposed
development. Such longer period shall be specifically set
forth as a condition of the approval of the preliminary
plat.
The Subdivision Ordinance (Section 9-11) contains
requirements for filing a Final Plat after approval of a
Preliminary Plat, but the Ordinance is silent on the status
of the Preliminary Plat if the Final Plat is filed but never
approved and recorded. This text amendment, consistent with
the Code of Virginia (§15.2-2260(F)), keeps the Preliminary
Plat valid for five years if the Final Plat is filed within
the required timeframe.
A minor text amendment is also required to Section 9-12 of
the Subdivision Ordinance. The reference to the eighteen
(18) month time limit for Preliminary Plats will need to be
changed to a three (3) year time limit. Also, the reference
to Section 9-10 is a typo and needs to be corrected to
reference Section 9-11.
This text amendment would affect all valid Preliminary
Plats, not just those approved after adoption of this
amendment. Any subdivider with a Preliminary Plat still
valid by the date of adoption of this Text Amendment would
have three years from the date of Preliminary Plat approval
to file a Final Plat. This protocol is contained in the
attached resolution. |