Chapter 148 SUBDIVISION AND LAND DEVELOPMENT. (updated 7-28-08)

Section 148-15 FINAL PLAT.

A.   Application procedures.

1.  Unless otherwise provided for in Section 148-17C, application for final plat approval shall be made within one (1) year of Planning Commission approval of the preliminary plat. However, a specific extension of time may be granted by the Planning Commission upon written request.  As a condition of any time extension, the Planning Commission may impose any new or revised standards or regulations adopted since the original preliminary plat approval.  Plats submitted after the expiration of time for the submission of final plats shall be considered as new preliminary plats and shall be subject to all provisions in effect at the time of submission.

2.  An applicant shall submit paper prints of the final plats and all required supporting data, accompanied by an application form, to the Director of Planning in numbers determined sufficient for distribution to and review by the appropriate town departments, any necessary state agencies and the Planning Commission.  Such plats shall be submitted thirty (30) days prior to the Planning Commission meeting at which the application is desired to be first considered.

3.  Two (2) Mylar copies of the subdivision plat, not to exceed eighteen by twenty-four (18 x 24) inches, shall accompany the application and paper copies.  One (1) signed Mylar copy will be returned to the applicant upon approval.

4.  The application shall be accompanied by a nonrefundable filing fee in the amount set in a schedule of fees adopted by resolution of the Town Council.

5.  The final plat shall conform to the preliminary plat as previously reviewed by the Planning Commission and shall incorporate all modifications required by the town in its review of the preliminary plat.  The location and alignment of public facilities may be modified if necessary as the result of final engineering design.

B.  Final plat review and approval procedures.

1.  The application shall be reviewed for completeness and, if found complete, shall be accepted as an official submission for review by the Town.  The date of acceptance of the plat by the Town shall be noted on the application.

      2.  Review by Town staff.

a. Copies shall be forwarded to the appropriate town  officials, including but not limited to the Director of Public Works, Director of Public Utilities, Director of Electrical Services and the Zoning Administrator, for review.  Where approval of a feature or features of the final plat by a state agency is necessary, copies shall be forwarded to the appropriate state agencies.  The advice of other officials or consultants may be sought in reviewing the final plat.

b.  The Director of Planning shall report, in writing, on any corrections or additions deemed necessary after review to the Planning Commission and the  applicant prior to the Commission's consideration of the application.

      3.  Review by the Planning Commission.

a. The Planning Commission shall review the final plat and shall ensure that all requirements and standards of this chapter and other town ordinances are met and that any appropriate changes from the preliminary plat have been made.

b. If the review is favorable, the Planning Commission shall authorize the Director of Planning to endorse the record plats on behalf of the Planning  Commission with "Reviewed and Approved by the Town Planning Commission," together with the date of such action, to record such action in the minutes and to forward it to the Town Council for consideration.

c. The record plats, an appropriate number of paper prints and the requisite performance bond shall be forwarded to the Town Council.

d. If the final plat is not approved, the reasons for such disapproval shall be transmitted, in writing, to the applicant and shall be sent with the final plat to the Town Council for review.

      4.  Review by the Town Council.

a. The Town Council shall take action upon a final plat within (6) months from the date of approval by the Planning Commission.  The applicant may request, in writing, an extension for an additional six-month period.  The Planning Commission shall be notified of any extensions granted.

b. The Town Council shall not approve any plats until such plats comply with all town ordinances and until all required modifications are made. If disapproved, the Council shall return the plat to the subdivider with the deficiencies indicated thereon.

c. Before acting on a final plat, the Council, at its discretion, may hold a public hearing, with notice as provided for in Section 15.2-2204, Code of Virginia.

(Ord. No. 17-00 Amended Virginia Code Reference (c) 9-25-00-Effective Upon Passage)

d. If the Town Council approves the final plat, the record plat shall be endorsed "Approved by the Town Council of the Town of Front Royal" and signed by the Mayor and the Clerk, together with the date of action.

e.  A performance guaranty, cash or other bond to insure the satisfactory installation of improvements as required shall be submitted before the final plat is placed on the Town Council agenda for consideration and approval.

C.    Final plat submission requirements.

1. The final subdivision plat shall be clearly and legibly drawn in ink at a scale of between   one (1) inch equals ten (10) feet and one (1) inch equals one hundred (100) feet and shall not exceed eighteen by twenty-four (18 x 24) inches.

2. In addition to the requirements of the preliminary plat, the final plat shall include the following:

a. The total tract boundary lines and bearings of the area being subdivided.  Such boundaries shall be determined by accurate survey in the field, which  shall be balanced and closed with an error of  closure not to exceed one (1) foot in ten thousand  (10,000) feet; provided, however, that the boundary(ies) adjoining additional unplatted land of the applicant are not required to be based upon a field survey and may be calculated.  The location and elevation of all boundary line (perimeter) monuments shall be indicated, along with a statement of the total area of the property being subdivided.  In addition, the engineer or surveyor shall certify to the accuracy of the survey, the drawn plat and the placement of the monuments.

            b. The following data shown for the pavement edges (curblines) and right-of-way lines:

     [1] The ultimate right-of-way for existing, recorded (except those to be vacated) and

     proposed streets within or abutting the  property to be subdivided.

[2] The length and width (in feet to the nearest hundredth of a foot) of all straight lines and radii of curved lines.

                 [3] The angle (in degrees, minutes and seconds).

c. All lot lines, completely dimensional in hundredths of a foot if straight and by length of the arc and radius if curved with the central angle, in degrees, minutes and seconds. All boundary line directions within the lots shall be designated to the nearest second.

d. A statement of the intended use of all nonresidential lots, with reference to restrictions of any type which exist or will exist as covenants in the deed for the lots contained in the  subdivision and, if covenants are recorded, including the book and page number.

            e. The location of all existing and proposed required street monuments.

f. All easements or rights-of-way, where provided for or owned by public services, and any limitation on such easements or rights-of-way.  Rights-of-ways shall be shown and accurately identified on the plat, and easements shall either be shown or specifically described on the plat.  Easements should be located in cooperation with the appropriate public utilities.

g.   A plan for water supply and distribution, and locations, size and invert elevations of all sanitary and/or storm sewers, manholes not to exceed three hundred (300) feet apart, inlets and culverts.  (This data may be submitted as a separate plan.)

h. Street cross-section drawings(s) for all proposed streets, showing depth and type of base, type of surface, etc.  Profiles shall be shown for a distance of one hundred fifty (150) feet into adjoining property where streets are terminated at the property line. Cross-section drawings shall be shown on separate profile sheets and shall show tentative profiles along the top of pavement edges or along the top of the curb for both sides of each proposed street.  Such profiles shall show existing and proposed grades.

i. A plan for the surface drainage and stormwater management of the tract to be subdivided.  Such plan shall include stormwater runoff calculations for the entire property being subdivided, as well as the anticipated runoff of areas of higher elevation in the same watershed, and shall show the proposed method of accommodating the anticipated runoff.  Such plan shall also show a complete drainage layout, including all pipe sizes and types, drainage pursuant to Section 148-33. Drainage computation for the appropriate drainage structure shall also be included.

j. If the subdivision proposes a new street intersection with a state route, Virginia Department of Transportation approval for all such intersections.

k. Signature blocks in an oblong space three by five (3 x 5) inches on the plat for the use of the Planning Commission, Director of Finance and Town Council.

l. Certificates signed by a surveyor or engineer  setting forth the source of title of the owners of the land  subdivided and the place of record of the last instrument in the chain of title.

m. When the subdivision consists of land acquired from more than one (1) source of title, the outlines of the various tracts indicated by dashlines, and    identification of the respective tracts on the plat.

             n. An overlot (site) grading plan.

o. A landscape plan showing the location, number, species and size of plant materials. The plan shall show existing trees that are to be preserved on the    site and the methods to be employed for ensuring preservation during the construction process.

3.  The final plat shall be accompanied by supplementary data, where applicable, including but not limited to a Phase I environment impact assessment where deemed necessary by the Planning Director because of historical environmental conditions on the site or on nearby properties warranting such supplemental information where such determination is made in writing by the Director of Planning and Zoning, as required for preliminary plats in Section 148-14D, in addition to all appropriate  approvals from the State Health Department, the Virginia  Department of Transportation, the State Water Control  Board and any other agency as required. No final plat shall be approved by the town unless all proper approvals are submitted to the town and the plat and plans comply with the standards set forth in Article V.

(Ord. No. 1-07 Amended (3) 1-8-07-Effective Upon Passage)

4.     Additional information shall be required, including but not limited to the following   information:

a. All offers of dedication and covenants governing the reservation and maintenance of undedicated open space, which shall bear the certificate of approval of the Town Attorney as to their legal sufficiency.

b. Such deed restrictions as may be imposed upon the property as a condition of sale, together with a statement of any restrictions previously imposed which may affect the title to the land being subdivided.

c.  In the event that public water and/or sewer is not available to the site to be subdivided, a certificate of appropriate approval of the State Health Department and/or State Water Control Board for the water supply and/or sanitary sewage disposal  system(s) for a proposed subdivision.  If individual on-site sewage disposal systems are to be used, the applicant shall submit Health Department tentative approval of each lot in the subdivision as having a suitable site for a septic system at the state lot size.  This shall be done on a lot-by-lot basis.  This tentative approval does not guarantee the issuance of a permit for a septic system when construction occurs.  The State Health Department reserves the right to withdraw any tentative approval at the time a permit for a septic system is applied for.

d.  Town of Front Royal Departments of Public Works and Public Utilities approval of roads, utilities and  drainage systems.

e. The performance bond in a form satisfactory to the Town Attorney and in an amount established by the Planning Commission upon recommendation of the Director of Public Works, which shall include a  provision that the principle of the bond shall comply with all the terms of the final subdivision plat approval as determined by the town, to include but not be limited to the performance of all  required subdivision and offsite improvements or parts thereof.  All improvements and land included in the irrevocable offer of dedication shall be dedicated to the town free and clear of all liens and encumbrances.