§ 5. Approval of plats.

5-1. Approval required before sale. Whenever any subdivision of land is proposed, and before any permit for the erection of a structure shall be granted, the subdivider, or his representative, shall apply in writing to the Agent for the approval of the subdivision plat, and submit five (5) copies of the preliminary plat including the lot, street, and utilities layout. No lot shall be sold until a final plat of the subdivision shall have been approved by the Agent and recorded as hereinafter set forth.

5-2. Preliminary sketch. The subdivider may, if he so chooses, submit to the agent a preliminary sketch of the proposed subdivision prior to his preparing engineered preliminary and final plats. The purpose of such preliminary sketch is to permit the Agent to advise the subdivider whether his plans in general are in accordance with the requirements of this ordinance. The Agent, upon submission of any preliminary sketch, shall study it, and advise the subdivider (of) changes which would be necessary. The agent may mark the preliminary sketch indicating necessary changes and any such marked sketch shall be returned to the said agent with the preliminary plat, The preliminary sketch shall be as follows.

5-2-1. Generally. It shall be drawn on white paper, or on a print of a topographic map of the property. It shall be drawn to a scale of one hundred (100) feet to the inch. The sketch shall show the name, location and dimensions of all streets entering the property, adjacent to the property, or terminating at the boundary of property to be subdivided. It shall show the location of all proposed streets, lots, parks, playgrounds, and other proposed uses of the land to be subdivided and shall include the approximate dimensions.

5-2-2. Part of tract. Whenever part of a tract is proposed for platting and it is intended to subdivide additional parts in the future, a sketch plan for the entire tract shall be submitted with the preliminary plat. This sketch is merely for informational purposes and is not binding on the subdivider or the governing body.

5-3. Preliminary plat. The subdivider shall present to the commission five (5) prints of a preliminary layout at a scale of one hundred (100) feet to the inch as a preliminary plat. The Preliminary plat shall include the following information.

5-3-1. Name of subdivision, owner, subdivider, surveyor or engineer, date of drawing, number of streets, north point and scale. If true north is used, method of determination must be shown.

5-3-2. Location of proposed subdivision by an inset map at a scale of not less than two (2) inches equal one (1) mile showing adjoining roads, their names and numbers, towns, subdivisions and other landmarks.

5-3-3. The boundary survey or existing survey of record provided such survey shows a closure with an accuracy of not less than one in twenty-five hundred (2,500); total acreage, acreage of subdivided area, number and approximate area and frontage of all building sites, existing buildings within the boundaries of the track and names of owners and their property lines within the boundaries of the tract and adjoining such boundaries.

5-3-4. All existing, platted and proposed streets, their names, numbers, and widths; existing utility or other easements, public areas and parking spaces; culverts, drams and watercourses, their names and other pertinent data as may be requested by the Tazewell County Engineer.

5-3-5. The complete drainage layout including all pipe sizes, types, drainage easements and means of transporting the drainage to a well-defined open stream which is considered natural drainage.

5-3-6. A cross section showing the proposed street construction, depth and type of base, type of surface, etc.

5-3-7. A profile or contour map showing the proposed grades for the streets and drainage facilities including elevations of existing and proposed ground surface at all street intersections and at points of major grade change along the centerline of streets together with proposed grade lines connecting therewith.

5-3-8. A location map tying the subdivision into the present road system, either by aerial photographs or topographic maps of the U.S. Department of Interior.

5-3-9. Proposed connections with existing sanitary sewers and existing water supply or alternate means of sewage disposal and water supply.

5-3-10. All parcels of land to be dedicated for public use and the conditions of such dedication.

5-4. Procedure. The Agent or Tazewell County Engineer shall discuss the preliminary plat with the subdivider in order to determine whether or not his preliminary plat generally conforms to the requirements of the subdivision ordinance. The subdivider shall then be advised in writing within forty-five (45) days, which may be by formal letter or by legible markings on his copy of the preliminary plat, concerning any additional data that may be required, the character and extent of public improvements that will have to be made, and an estimate of the cost of construction or improvements and the amount of the performance bond which will be required as a prerequisite to approval of the final subdivision plat. In determining the cost of required improvements and the amount of the performance bond, the Agent may consult with the Tazewell County Engineer who shall prepare this data for the Agent, or preferably may require bona fide estimate of the cost of improvements to be furnished by the subdivider.

5-4.1. The Agent or the Tazewell County Engineer shall determine within ten (10) business days from the date of submittal whether said proposed subdivision requires State Agency approval, forward the proposal to such State agency or agencies, and notify the developer in writing. The time period in which the Agent or the Tazewell County Engineer has to act on the proposed development shall be tolled during such state agency review such that the Agent or Tazewell County Engineer shall act upon the plat within thirty-five (35) days of receipt of the State agency's or agencies' approval, pursuant to Code of Virginia, § 15.2-2260, as amended. The Agent or Tazewell County Engineer shall notify the developer upon receipt of all necessary State Agency approvals.

5-5. No guarantee. Approval by the Agent of the preliminary plat does not constitute a guarantee of approval of the final, plat.

5-6. Twelve months' limit. The subdivider shall have not more than twelve (12) months after receiving official notification concerning the preliminary plat to file with the Agent a final subdivision plat in accordance with this ordinance. Failure to do so shall make preliminary plat approval null and void. The agent may, on written request by the subdivider, grant an extension of this time limit.

5-7. Final plat. The approval of a preliminary plat shall be a condition precedent to the submission of a final plat. The subdivision plats submitted for final approval by the governing body and subsequent recording shall be clearly, and legibly drawn in ink at a scale of one hundred (100) feet to the inch. These plats shall have a good contrasting form suitable for photographic reproduction. In addition to the requirements of the preliminary plat the final plat & hall include the following.

5-7-1. A blank oblong space three (3) inches by five (5) inches shall be reserved for the use of the Agent.

5-7-2. Certificates signed by registered surveyor or engineer certifying as to the accuracy of survey and plat, placement of monuments, and the source of title of the owners or the land subdivided and the place of record of the last instrument in the chain of title. An engineer will also certify the plans for drainage systems, sidewalks and certify the handling of subsurface drainage. When individual sewage disposal or water systems are to be installed, certification by the local County Health Official.

5-7-3. A statement to the effect that the subdivision as it appears on this plat is with the free consent and in accordance with the desires of the 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 acknowledgements of deeds and which statement shall also include certification by such owners, proprietors and trustees, if any, that they are the landowners and dedicate the streets, rights-of-way, and sites, if any, for public use.

5-7-4. When the subdivision consists of land acquired from more than one source of title the outlines of the various tracts shall be indicated by dash-lines, and identification of the respective tracts shall be placed on the plat.

5-7-5. The accurate location and dimensions by bearings and distances with all curve data on all lots and street lines and centerlines of streets, boundaries of all proposed or existing easements, parks, school sites or other public areas, the number and approximate area and frontage of all building sites, all existing public and private streets, their names, numbers and widths, existing utilities, and those to be provided such as sanitary sewers, storm drains, water mains, manholes and underground conduits including their size and type, watercourses and their names of owners and their property lines, both within the boundary of the subdivision and adjoining said boundaries.

5-7-6. Distances and bearing must balance and close with an accuracy of not less than one in ten thousand (10,000).

5-7-7. The data of all curves along the street frontage shall be shown in. detail at the curve or in a curve data table containing the following delta, radius, arc, tangent, chord and chord bearings.

5-7-8. The final plat and deed each shall contain, verbatim, the notice fully set forth in section 3.8 hereof, forewarning landowners of the financial responsibility for maintenance of and any subsequent improvements to streets necessary for a street to qualify for the Commonwealth of Virginia Department of Transportation's acceptance of maintenance responsibility, pursuant to Section 33.1-72.1 of the Code of Virginia (1950) as amended. This warning shall serve as legal notice to property owners of their potential rights and responsibilities in the event the County requests that streets within the subdivision be accepted into the state secondary system.

5-8. Conditions for approval of final plat. The plat shall not be approved until the subdivider has complied with the general requirements and minimum standards of design in accordance with this ordinance, and has made satisfactory for: (a) performance bond with corporate surety thereon to be approved by the Agent, (b) cash or (c) cash bond to cover the cost of necessary improvements, in lieu of construction, to the satisfaction of the agent.

5-9. Procedure for approval of final plat. The subdivider or his representative shall submit a master and two (2) copies of the final plat to the Agent for approval.

5-9-1. The Agent shall act within and notify the subdivider within sixty (60) days regarding the approval or denial of approval of the final plat.

5-9-2. Approval of the final plat shall be noted by the acknowledged subscription thereto of the signature of the designated representative of the Agent as follows:

"Approved on this the _____ day of ________ 2000.

By: TAZEWELL COUNTY PLANNING COMMISSION

by        (Name of officer signing)      
      (Title)      

(Acknowledgement)"

5-9-3. The denial of approval of a final plat shall be noted by personal delivery or by certified mailing to the subdivider of a notice of denial of approval. The notice shall include the vote tally, if any, of the agent with regard to the approval and disapproval of the final plat as well as a written explanation of why the final plat was not approved.

5-9-4. If the agent fails to act within sixty (60) days to approve or deny approval of the plat, the subdivider may petition the Circuit Court of Tazewell County for approval in accordance with Code of Virginia, § 15.2-2258, et seq. and as provided for hereinafter in section 5-10 et seq.

5-9-5. Resubdivision. The boundary lines of any lot or parcel of land may be relocated or otherwise altered as a part of an otherwise valid and properly recorded plat of subdivision or resubdivision approved as provided in this subdivision ordinance and executed by the owner or owners of such lands as provided in Code of Virginia, § 15.2-2264, provided such action does not involve the relocation or alteration of streets, alleys, easements for public passage, or other public areas; and provided further, that no easements or utility rights-of-way shall be relocated or altered without the express consent of all persons holding anyinterests therein. The procedure for approval of the plat of any such subdivision or resubdivision, and the conditions for approval of such a plat, and the procedure for an appeal of the agent's denial of approval of any such plat shall be the same as for an original plat of subdivision as provided in the other sections of this subdivision ordinance.

5-10. Appeal of Agent's denial of approval. Any plat which has been denied approval by the Agent may be submitted, for purposes of appeal to the Tazewell County Board of Supervisors.

5-10-1. The Agent shall be given notice by the appealing party that an appeal will be taken. Notice shall be given by certified mail, return receipt requested, or by hand delivery of notice with a written letter of receipt.

5-10-2. The master copy of the final plat and seven (7) copies thereof and the receipts required by the immediately preceding paragraph shall be submitted to the County Administrator.

5-10-3. The appeal will be heard and disposed of by the Board at their next regularly scheduled meeting, which is at least ten (10) days after the submission of the above mentioned receipts and plats.

5-10-4. The Agent shall submit to the Tazewell County Board of Supervisors in writing, after receipt of notice of appeal, an explanation of the refusal to approve the plat or shall have a representative for that purpose present at the board's meeting where the appeal will be heard.

5-10-5. The subdivider or subdividers shall submit their reasons in favor of approving the plat in writing or shall have a representative for that purpose present at the board's meeting where the appeal will be heard.

5-10-6. Nothing in this section shall be construed as denying a party to the appeal the right of oral argument at the Tazewell County Board of Supervisors' meeting where the appeal is heard.

5-10-7. The appeal shall be considered "new business" and handled as such at the Tazewell County Board of Supervisors' meeting.

5-10-8. A vote of a majority of the board to approve the final plat shall constitute an approval of the find plat. The County Administrator, upon such approval shall subscribe his or her acknowledged signature to the final plat as follows:

"Approved on this the _____ day of ________ 200___,

by the Tazewell County Board of Supervisors.

By:  _____
     (County Administrator)

5-11. Further appeal. If a plat is denied approval by the board, further appeal shall be to the Circuit Court of Tazewell County, as set forth in Code of Virginia, 15.2-2258 et seq.

5-12. Recordation. The subdivider shall have the master plat recorded within sixty (60) days after final approval by the Agent or the board of supervisors. If not so recorded, the Tazewell County Board of Supervisors or its Agent, shall mark the plat "VOID" and return the same to the subdivider. Before recordation of any plat thus marked "VOID" it shall be submitted for approval as if never approved.

5-13. [Approval prerequisite to recording of plat.] The Clerk of the Circuit Court of Tazewell County, Virginia, shall not record or file any subdivision plat or any copy thereof unless and until approval shall have been obtained as required by the provisions of this ordinance.

(Ord. of 8-19-03; Ord. of 6-7-05(2); Ord. of 6-30-08)

(Ord. of 8-19-03; Ord. of 6-7-05(2); Ord. of 6-30-08)