Subdivision & Land Development Ordinance

Article 1 – General Provisions

 

1.1. Title

This article shall be known and may be cited as the “Round Hill subdivision and Land Development Ordinance.”

1.2. Authority and Enactment

By act of the General Assembly of Virginia as provided in Chapter 11, Article 7, Sections 15.1-465 through 15.1-485, Code of Virginia and amendments thereto, the governing body of any county or municipality shall adopt an ordinance to assure the orderly subdivision of land and its development. This ordinance shall provide:

For plat details which shall meet the standards for plats as adopted under Section 42.1-82 of the Virginia Public Records Act;

For the coordination of streets within and contiguous to the subdivision with other existing or planned streets within the general area as to locations, widths, grades and drainage;
For adequate provisions for drainage and flood control and other public purposes and for light and air;

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;

for the acceptance of dedication for public use of any right-of-way located within any subdivision or section thereof, which has constructed or proposed to be constructed within the subdivision or section thereof, any street, curb, gutter, sidewalk, bicycle trail, drainage or sewerage system, water line as part of a public system or other improvement dedicated for public use, and maintained by the locality, the Commonwealth, or other public agency, and for the provision of other site-related improvements required by local ordinances for vehicular ingress and egress, for public access streets, for structures necessary to ensure stability of critical slopes, and for storm water management facilities, financed or to be financed in whole or in part by private funds only if the owner or developer:

certifies to the governing body that the construction costs have been paid to the person constructing such facilities; or

furnishes to the governing body a certified check or cash escrow in the amount of the estimated costs of construction or a personal, corporate or property 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; or
furnishes to the governing body a bank or savings and loan association’s letter or credit on certain designated funds satisfactory to the governing body as to the bank or savings and loan association, the amount and the form;

For monuments of specific types to be installed establishing street and property lines;
For providing that unless a plat is filed for recordation within six months after final approval thereof, such approval shall be withdrawn and the plat marked void and returned to the approving official;

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

For payment by a subdivider or developer of land of his pro rata share of the cost of providing reasonable and necessary sewerage, water, 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;
For providing for the voluntary funding of off-site road improvements and reimbursements of advances by the governing body.

Therefore, be it ordained by the Town Council of Round Hill, Virginia, that the following regulations are hereby adopted for the subdivision and development of land within the corporate limits of the Town from and after the effective date of this ordinance.
1.3. Fees

The Town Council shall, at its discretion, set appropriate fees for the review and processing of land development, subdivision, planning and zoning fees. The fees enacted by the Town Council shall be set forth on schedules and incorporated by reference into this Ordinance. At its discretion, the Town Council may amend the fees set forth on the schedules and upon adoption, such amended schedules shall be incorporated as part of the Ordinance.

Revised & Adopted June 21, 2007
1.4. Violations and Penalties

1.4.1 Violations and Penalties

Any person, whether as owner, lessee, principal, agent, employee or otherwise, who violates any of the provisions of this ordinance or who permits any such violation, or fails to comply with any of these requirements or who erects any building on any land in violation of any detailed statement or plan submitted by such person and approved under the provisions of this ordinance, shall be guilty of a misdemeanor. Under conviction thereof, such person shall be subject to punishment as provided by law. Each day such violation occurs shall constitute a separate offense. Any such violations shall be punishable by a fine of $500.00.

1.4.2 Violations

Any building erected contrary to any of the provisions of this Ordinance and any use of any building or land which is conducted, operated or maintained contrary to any provision of the Ordinance shall be a violation of the Ordinance and the same is hereby declared to be unlawful. The Administrator may initiate injunction, mandamus, abatement or any other appropriate action to prevent, enjoin, abate or remove such structure or use in violation of any provision of this Ordinance.

1.4.3 Notice of Violation

Upon becoming aware of any violation of any provision of the Ordinance, the Administrator shall serve notice of such violation on the person committing or permitting the same. If such violation has not ceased within such reasonable time as the Administrator has specified in the notice, the Administrator shall institute such action as may be necessary to terminate the violation.

1.4.4 Remedies not Exclusive

The remedies provided for in this section are cumulative and not exclusive and shall be in addition to any other remedies provided by law.

1.4.5 Complaints Regarding Violations

Whenever a violation of the Ordinance occurs, or is alleged to have occurred, any person may file a written complaint. The complaint must state fully the cause and basis thereof and shall be filed with the Administrator. The Administrator shall keep record of such complaint, immediately investigate, and take action as provided by this Ordinance.