Appendix B. SUBDIVISION ORDINANCE  

ORDINANCE NO. 30

An ordinance to regulate the subdivision of property into lots, streets, alleys, and other public areas, to provide for the making and recording of plats of such subdivision and the certification of same and provide for the approval of plats.

Whereas, [pursuant to] Article 6 of the Virginia Planning Act as found in the Code of Virginia, § 15.2-2240 et seq., the governing body of the Town of Cape Charles, Virginia, is authorized to adopt regulations to provide:

(a)

For size, scale and other plat details;

(b)

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;

(c)

For adequate provisions for drainage and flood control and other public purposes, and for light and air;

(d)

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;

(e)

For the acceptance of dedication for public use of any right-of-way located within any subdivision which has constructed therein, or proposed to be constructed therein, any street, curb, gutter, sidewalk, drainage or sewerage system or other improvement, financed or to be financed in whole or in part by private funds only if the owner or developer (1) certifies to the governing body that the construction costs have been paid to the persons constructing such facilities, or (2) furnishes to the governing body a certified check in the amount of the estimated costs of construction or a bond, with surety satisfactory to the governing body, 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;

(f)

For monuments of specific types to be installed establishing street and property lines;

(g)

That unless a plat be 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after final approval thereof or such longer period as may be approved by the governing body such approval shall be withdrawn and the plat marked void and returned to the approving official;

(h)

For the administration and enforcement of such ordinance, not inconsistent with provisions contained in this act, 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 this ordinance; and

(i)

For payment by a subdivider or developer of land of his pro rata share of the cost of providing reasonable and necessary sewerage and drainage facilities, located outside the property limits of the land owned or controlled by him but necessitated or required, at least in part, by the construction or improvement of his subdivision or development; provided, however, that no such payment shall be required until such time as the governing body or a designated department or agency thereof shall have established a general sewer and drainage improvement program.

Therefore, be it ordained by the Town Council of Cape Charles, Virginia, that the following regulations are hereby adopted for the subdivision of land within the jurisdiction of the Town of Cape Charles from and after the effective date of this ordinance. Every owner or proprietor of any tract of land to which these regulations apply who subdivides such tract as provided in these regulations shall cause a plat of such subdivision developed and prepared in accordance with these regulations, with reference to known or permanent monuments, to be made and recorded in the office of the clerk of the court wherein deeds conveying such land are required by law to be recorded.