{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/15.2-2245.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/15.2-2245.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/15.2-2245.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/15.2-2245.html"}],"law_id":61355,"edition_id":1,"section_id":61355,"structure_id":14154,"section_number":"15.2-2245","catch_line":"Provisions for periodic partial and final release of certain performance guarantees","history":"Code 1950, \u00a7\u00a7 15-781, 15-967.1; 1950, p. 183; 1962, c. 407, \u00a7 15.1-466; 1970, c. 436; 1973, cc. 169, 480; 1975, c. 641; 1976, c. 270; 1978, cc. 429, 439, 440; 1979, cc. 183, 188, 395; 1980, cc. 379, 381; 1981, c. 348; 1983, cc. 167, 609; 1984, c. 111; 1985, cc. 422, 455; 1986, c. 54; 1987, c. 717; 1988, cc. 279, 735; 1989, cc. 332, 393, 403, 495; 1990, cc. 170, 176, 287, 708, 973; 1991, cc. 30, 47, 288, 538; 1992, c. 380; 1993, cc. 836, 846, 864; 1994, c. 421; 1995, cc. 386, 388, 389, 452, 457, 474; 1996, cc. 77, 325, 452, 456; 1997, c.; 2002, c. 779; 2025, c. 594.","full_text":"A\n\nA subdivision ordinance shall provide for the periodic partial and final complete release of any bond, escrow, letter of credit, or other performance guarantee required by the governing body under this article within thirty days after receipt of written notice by the subdivider or developer of completion of part or all of any public facilities required to be constructed hereunder unless the designated agent notifies the subdivider or developer in writing of nonreceipt of approval by an applicable state agency, or of any specified defects or deficiencies in construction and suggested corrective measures prior to the expiration of the thirty-day period. Any inspection of such public facilities shall be based solely upon conformance with the terms and conditions of the performance agreement and the approved design plan and specifications for the facilities for which the performance guarantee is applicable, and shall not include the approval of any person other than an employee of the governing body, its administrative agency, the Virginia Department of Transportation or other political subdivision or a person who has contracted with the governing body, its administrative agency, the Virginia Department of Transportation or other political subdivision.B\n\nIf no such action is taken by the designated agent within the time specified above, the request shall be deemed approved, and a partial release granted to the subdivider or developer. No final release shall be granted until after expiration of such thirty-day period and there is an additional request in writing sent by certified mail return receipt to the chief administrative officer of such governing body. The designated agent shall act within ten working days of receipt of the request; then if no action is taken the request shall be deemed approved and final release granted to the subdivider or developer.C\n\nAfter receipt of the written notices required above, if the governing body or administrative agency takes no action within the times specified above and the subdivider or developer files suit in the local circuit court to obtain partial or final release of a bond, escrow, letter of credit, or other performance guarantee, as the case may be, the circuit court, upon finding the governing body or its administrative agency was without good cause in failing to act, shall award such subdivider or developer his reasonable costs and attorneys&#8217; fees.D\n\nNo designated agent shall refuse to make a periodic partial or final release of a bond, escrow, letter of credit, or other performance guarantee for any reason not directly related to the specified defects or deficiencies in construction of the public facilities covered by said bond, escrow, letter of credit or other performance guarantee.E\n\nUpon written request by the subdivider or developer, the designated agent shall be required to make periodic partial releases of such bond, escrow, letter of credit, or other performance guarantee in a cumulative amount equal to no less than ninety percent of the original amount for which the bond, escrow, letter of credit, or other performance guarantee was taken, and may make partial releases to such lower amounts as may be authorized by the designated agent based upon the percentage of public facilities completed and approved by the governing body, local administrative agency, or state agency having jurisdiction. Periodic partial releases may not occur before the completion of at least thirty percent of the public facilities covered by any bond, escrow, letter of credit, or other performance guarantee. The designated agent shall not be required to execute more than three periodic partial releases in any twelve-month period. Upon final completion and acceptance of the public facilities, the designated agent shall release any remaining bond, escrow, letter of credit, or other performance guarantee to the subdivider or developer. For the purpose of final release, the term &#8220;acceptance&#8221; means: when the public facility is accepted by and taken over for operation and maintenance by the state agency, local government department or agency, or other public authority which is responsible for maintaining and operating such public facility upon acceptance.F\n\nFor the purposes of this section, a certificate of partial or final completion of such public facilities from either a duly licensed professional engineer or land surveyor, as defined in and limited to &#xA7; 54.1-400, or from a department or agency designated by the locality may be accepted without requiring further inspection of such public facilities.","order_by":null,"text":{"0":{"id":224139,"text":"A subdivision ordinance shall provide for the periodic partial and final complete release of any bond, escrow, letter of credit, or other performance guarantee required by the governing body under this article within thirty days after receipt of written notice by the subdivider or developer of completion of part or all of any public facilities required to be constructed hereunder unless the designated agent notifies the subdivider or developer in writing of nonreceipt of approval by an applicable state agency, or of any specified defects or deficiencies in construction and suggested corrective measures prior to the expiration of the thirty-day period. Any inspection of such public facilities shall be based solely upon conformance with the terms and conditions of the performance agreement and the approved design plan and specifications for the facilities for which the performance guarantee is applicable, and shall not include the approval of any person other than an employee of the governing body, its administrative agency, the Virginia Department of Transportation or other political subdivision or a person who has contracted with the governing body, its administrative agency, the Virginia Department of Transportation or other political subdivision.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":224140,"text":"If no such action is taken by the designated agent within the time specified above, the request shall be deemed approved, and a partial release granted to the subdivider or developer. No final release shall be granted until after expiration of such thirty-day period and there is an additional request in writing sent by certified mail return receipt to the chief administrative officer of such governing body. The designated agent shall act within ten working days of receipt of the request; then if no action is taken the request shall be deemed approved and final release granted to the subdivider or developer.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":224141,"text":"After receipt of the written notices required above, if the governing body or administrative agency takes no action within the times specified above and the subdivider or developer files suit in the local circuit court to obtain partial or final release of a bond, escrow, letter of credit, or other performance guarantee, as the case may be, the circuit court, upon finding the governing body or its administrative agency was without good cause in failing to act, shall award such subdivider or developer his reasonable costs and attorneys&#8217; fees.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":224142,"text":"No designated agent shall refuse to make a periodic partial or final release of a bond, escrow, letter of credit, or other performance guarantee for any reason not directly related to the specified defects or deficiencies in construction of the public facilities covered by said bond, escrow, letter of credit or other performance guarantee.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":224143,"text":"Upon written request by the subdivider or developer, the designated agent shall be required to make periodic partial releases of such bond, escrow, letter of credit, or other performance guarantee in a cumulative amount equal to no less than ninety percent of the original amount for which the bond, escrow, letter of credit, or other performance guarantee was taken, and may make partial releases to such lower amounts as may be authorized by the designated agent based upon the percentage of public facilities completed and approved by the governing body, local administrative agency, or state agency having jurisdiction. Periodic partial releases may not occur before the completion of at least thirty percent of the public facilities covered by any bond, escrow, letter of credit, or other performance guarantee. The designated agent shall not be required to execute more than three periodic partial releases in any twelve-month period. Upon final completion and acceptance of the public facilities, the designated agent shall release any remaining bond, escrow, letter of credit, or other performance guarantee to the subdivider or developer. For the purpose of final release, the term &#8220;acceptance&#8221; means: when the public facility is accepted by and taken over for operation and maintenance by the state agency, local government department or agency, or other public authority which is responsible for maintaining and operating such public facility upon acceptance.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":224144,"text":"For the purposes of this section, a certificate of partial or final completion of such public facilities from either a duly licensed professional engineer or land surveyor, as defined in and limited to &#xA7; 54.1-400, or from a department or agency designated by the locality may be accepted without requiring further inspection of such public facilities.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E"}},"ancestry":[{"id":14154,"edition_id":1,"name":"Land Subdivision and Development","identifier":"6","label":"article","depth":4,"order_by":1,"parent_id":12774,"metadata":{},"date_created":"2026-06-26 03:47:04","date_modified":"2026-06-26 03:47:04","permalink":{"id":155023,"object_type":"structure","relational_id":14154,"identifier":"6","token":"15.2\/II\/22\/6","url":"\/15.2\/II\/22\/6\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12774,"edition_id":1,"name":"Planning, Subdivision of Land and Zoning","identifier":"22","label":"chapter","depth":3,"order_by":1,"parent_id":12733,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":154795,"object_type":"structure","relational_id":12774,"identifier":"22","token":"15.2\/II\/22","url":"\/15.2\/II\/22\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12733,"edition_id":1,"name":"Powers of Local Government","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12720,"metadata":{},"date_created":"2026-06-26 03:43:50","date_modified":"2026-06-26 03:43:50","permalink":{"id":152369,"object_type":"structure","relational_id":12733,"identifier":"II","token":"15.2\/II","url":"\/15.2\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12720,"edition_id":1,"name":"Counties, Cities and Towns","identifier":"15.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":151279,"object_type":"structure","relational_id":12720,"identifier":"15.2","token":"15.2","url":"\/15.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":83925,"structure_id":14154,"section_number":"15.2-2240","catch_line":"Localities to adopt ordinances regulating subdivision and development of land","url":"\/15.2-2240\/","token":"15.2\/II\/22\/6\/15.2-2240","metadata":false},{"id":81439,"structure_id":14154,"section_number":"15.2-2241","catch_line":"Mandatory provisions of a subdivision ordinance","url":"\/15.2-2241\/","token":"15.2\/II\/22\/6\/15.2-2241","metadata":false},{"id":69877,"structure_id":14154,"section_number":"15.2-2241.1","catch_line":"Bonding requirements for the acceptance of dedication for public use of certain facilities","url":"\/15.2-2241.1\/","token":"15.2\/II\/22\/6\/15.2-2241.1","metadata":false},{"id":62783,"structure_id":14154,"section_number":"15.2-2241.2","catch_line":"Bonding provisions for decommissioning of solar energy equipment, facilities, or devices","url":"\/15.2-2241.2\/","token":"15.2\/II\/22\/6\/15.2-2241.2","metadata":false},{"id":55314,"structure_id":14154,"section_number":"15.2-2242","catch_line":"Optional provisions of a subdivision ordinance","url":"\/15.2-2242\/","token":"15.2\/II\/22\/6\/15.2-2242","metadata":false},{"id":74283,"structure_id":14154,"section_number":"15.2-2243","catch_line":"Payment by subdivider of the pro rata share of the cost of certain facilities","url":"\/15.2-2243\/","token":"15.2\/II\/22\/6\/15.2-2243","metadata":false},{"id":69771,"structure_id":14154,"section_number":"15.2-2243.1","catch_line":"Payment by developer or subdivider","url":"\/15.2-2243.1\/","token":"15.2\/II\/22\/6\/15.2-2243.1","metadata":false},{"id":79464,"structure_id":14154,"section_number":"15.2-2244","catch_line":"Provisions for subdivision of a lot for conveyance to a family member","url":"\/15.2-2244\/","token":"15.2\/II\/22\/6\/15.2-2244","metadata":false},{"id":81830,"structure_id":14154,"section_number":"15.2-2244.1","catch_line":"Additional method for subdivision of a lot for conveyance to a family member","url":"\/15.2-2244.1\/","token":"15.2\/II\/22\/6\/15.2-2244.1","metadata":false},{"id":73711,"structure_id":14154,"section_number":"15.2-2244.2","catch_line":"Subdivision of a lot of property held in trust for a family member","url":"\/15.2-2244.2\/","token":"15.2\/II\/22\/6\/15.2-2244.2","metadata":false},{"id":61355,"structure_id":14154,"section_number":"15.2-2245","catch_line":"Provisions for periodic partial and final release of certain performance guarantees","url":"\/15.2-2245\/","token":"15.2\/II\/22\/6\/15.2-2245","metadata":false},{"id":60263,"structure_id":14154,"section_number":"15.2-2245.1","catch_line":"Stormwater management ponds; removal of 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trees","url":"\/15.2-2245.1\/","token":"15.2\/II\/22\/6\/15.2-2245.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/15.2-2245\/","history_text":"<p>The record of this law\u2019s original creation isn\u2019t available online. It has been modified 25 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1962, chapter 407; in 1970, chapter 436; in 1973, chapters 169 and 480; in 1975, chapter 641; in 1976, chapter 270; in 1978, chapters 429, 439, and 440; in 1979, chapters 183, 188, and 395; in 1980, chapters 379 and 381; in 1981, chapter 348; in 1983, chapters 167 and 609; in 1984, chapter 111; in 1985, chapters 422 and 455; in 1986, chapter 54; in 1987, chapter 717; in 1988, chapters 279 and 735; in 1989, chapters 332, 393, 403, and 495; in 1990, chapters 170, 176, 287, 708, and 973; in 1991, chapters 30, 47, 288, and 538; in 1992, chapter 380; in 1993, chapters 836, 846, and 864; in 1994, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?941+ful+CHAP0421\">421<\/a>; in 1995, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?951+ful+CHAP0386\">386<\/a>, <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?951+ful+CHAP0388\">388<\/a>, <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?951+ful+CHAP0389\">389<\/a>, <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?951+ful+CHAP0452\">452<\/a>, <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?951+ful+CHAP0457\">457<\/a>, and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?951+ful+CHAP0474\">474<\/a>; in 1996, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?961+ful+CHAP0077\">77<\/a>, <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?961+ful+CHAP0325\">325<\/a>, <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?961+ful+CHAP0452\">452<\/a>, and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?961+ful+CHAP0456\">456<\/a>; in 2002, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?021+ful+CHAP0779\">779<\/a>; in 2025, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?251+ful+CHAP0594\">594<\/a>.<\/p>","references":[{"id":81439,"section_number":"15.2-2241","catch_line":"Mandatory provisions of a subdivision ordinance","order_by":null,"url":"\/15.2-2241\/"},{"id":84876,"section_number":"15.2-2246","catch_line":"Site plans submitted in accordance with zoning ordinance","order_by":null,"url":"\/15.2-2246\/"},{"id":66691,"section_number":"15.2-2247","catch_line":"Applicability of subdivision ordinance to manufactured homes","order_by":null,"url":"\/15.2-2247\/"},{"id":87454,"section_number":"15.2-2255","catch_line":"Administration and enforcement of regulations","order_by":null,"url":"\/15.2-2255\/"},{"id":69505,"section_number":"15.2-2270","catch_line":"Vacation of interests granted to a locality as a condition of site plan approval","order_by":null,"url":"\/15.2-2270\/"},{"id":60575,"section_number":"15.2-2271","catch_line":"Vacation of plat before sale of lot therein; ordinance of vacation","order_by":null,"url":"\/15.2-2271\/"},{"id":72245,"section_number":"15.2-2318","catch_line":"Definitions","order_by":null,"url":"\/15.2-2318\/"},{"id":56663,"section_number":"15.2-851.1","catch_line":"Optional provisions of a subdivision ordinance","order_by":null,"url":"\/15.2-851.1\/"}],"refers_to":[{"id":76379,"section_number":"54.1-400","catch_line":"Definitions","order_by":null,"url":"\/54.1-400\/"}],"permalink":{"id":155065,"object_type":"law","relational_id":61355,"identifier":"15.2-2245","token":"15.2\/II\/22\/6\/15.2-2245","url":"\/15.2-2245\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/15.2-2245\/","token":"15.2\/II\/22\/6\/15.2-2245","dublin_core":{"Title":"Provisions for periodic partial and final release of certain performance guarantees","Type":"Text","Format":"text\/html","Identifier":"\u00a7 15.2-2245","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> A subdivision <span class=\"dictionary\">ordinance<\/span> shall provide for the periodic partial and final complete release of any <span class=\"dictionary\">bond<\/span>, escrow, letter of credit, or other performance guarantee required by the <span class=\"dictionary\">governing body<\/span> under this article within thirty days after receipt of written notice by the subdivider or developer of completion of part or all of any public facilities required to be constructed hereunder unless the <span class=\"dictionary\">designated agent<\/span> notifies the subdivider or developer in writing of nonreceipt of approval by an applicable state agency, or of any specified defects or deficiencies in construction and suggested corrective measures prior to the expiration of the thirty-day period. Any inspection of such public facilities shall be based solely upon conformance with the terms and conditions of the performance agreement and the approved design plan and specifications for the facilities for which the performance guarantee is applicable, and shall not include the approval of any person other than an employee of the <span class=\"dictionary\">governing body<\/span>, its administrative agency, the Virginia Department of Transportation or other political subdivision or a person who has contracted with the <span class=\"dictionary\">governing body<\/span>, its administrative agency, the Virginia Department of Transportation or other political subdivision. <a id=\"paragraph-224139\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/15.2-2245\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B\"><p><span class=\"prefix-number\">B.<\/span> If no such action is taken by the <span class=\"dictionary\">designated agent<\/span> within the time specified above, the request shall be deemed approved, and a partial release granted to the subdivider or developer. No final release shall be granted until after expiration of such thirty-day period and there is an additional request in writing sent by certified mail return receipt to the chief administrative officer of such <span class=\"dictionary\">governing body<\/span>. The <span class=\"dictionary\">designated agent<\/span> shall act within ten working days of receipt of the request; then if no action is taken the request shall be deemed approved and final release granted to the subdivider or developer. <a id=\"paragraph-224140\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/15.2-2245\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C\"><p><span class=\"prefix-number\">C.<\/span> After receipt of the written notices required above, if the <span class=\"dictionary\">governing body<\/span> or administrative agency takes no action within the times specified above and the subdivider or developer files suit in the local <span class=\"dictionary\">circuit<\/span> <span class=\"dictionary\">court<\/span> to obtain partial or final release of a <span class=\"dictionary\">bond<\/span>, escrow, letter of credit, or other performance guarantee, as the case may be, the <span class=\"dictionary\">circuit<\/span> <span class=\"dictionary\">court<\/span>, upon <span class=\"dictionary\">finding<\/span> the <span class=\"dictionary\">governing body<\/span> or its administrative agency was without good cause in failing to act, shall award such subdivider or developer his reasonable costs and attorneys&#8217; fees. <a id=\"paragraph-224141\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/15.2-2245\/#C\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"D\"><p><span class=\"prefix-number\">D.<\/span> No <span class=\"dictionary\">designated agent<\/span> shall refuse to make a periodic partial or final release of a <span class=\"dictionary\">bond<\/span>, escrow, letter of credit, or other performance guarantee for any reason not directly related to the specified defects or deficiencies in construction of the public facilities covered by said <span class=\"dictionary\">bond<\/span>, escrow, letter of credit or other performance guarantee. <a id=\"paragraph-224142\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/15.2-2245\/#D\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"E\"><p><span class=\"prefix-number\">E.<\/span> Upon written request by the subdivider or developer, the <span class=\"dictionary\">designated agent<\/span> shall be required to make periodic partial releases of such <span class=\"dictionary\">bond<\/span>, escrow, letter of credit, or other performance guarantee in a cumulative amount equal to no less than ninety percent of the original amount for which the <span class=\"dictionary\">bond<\/span>, escrow, letter of credit, or other performance guarantee was taken, and may make partial releases to such lower amounts as may be authorized by the <span class=\"dictionary\">designated agent<\/span> based upon the percentage of public facilities completed and approved by the <span class=\"dictionary\">governing body<\/span>, local administrative agency, or state agency having <span class=\"dictionary\">jurisdiction<\/span>. Periodic partial releases may not occur before the completion of at least thirty percent of the public facilities covered by any <span class=\"dictionary\">bond<\/span>, escrow, letter of credit, or other performance guarantee. The <span class=\"dictionary\">designated agent<\/span> shall not be required to execute more than three periodic partial releases in any twelve-month period. Upon final completion and acceptance of the public facilities, the <span class=\"dictionary\">designated agent<\/span> shall release any remaining <span class=\"dictionary\">bond<\/span>, escrow, letter of credit, or other performance guarantee to the subdivider or developer. For the purpose of final release, the term &#8220;acceptance&#8221; means: when the public facility is accepted by and taken over for operation and maintenance by the state agency, <span class=\"dictionary\">local government<\/span> department or agency, or other public authority which is responsible for maintaining and operating such public facility upon acceptance. <a id=\"paragraph-224143\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/15.2-2245\/#E\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"F\"><p><span class=\"prefix-number\">F.<\/span> For the purposes of this section, a certificate of partial or final completion of such public facilities from either a duly licensed professional engineer or land surveyor, as defined in and limited to &#xA7; <a class=\"law\" title=\"Definitions\" href=\"\/54.1-400\/\">54.1-400<\/a>, or from a department or agency designated by the <span class=\"dictionary\">locality<\/span> may be accepted without requiring further inspection of such public facilities. <a id=\"paragraph-224144\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/15.2-2245\/#F\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nPROVISIONS FOR PERIODIC PARTIAL AND FINAL RELEASE OF CERTAIN PERFORMANCE\nGUARANTEES (\u00a7 15.2-2245)\n\nA. A subdivision ordinance shall provide for the periodic partial and final\ncomplete release of any bond, escrow, letter of credit, or other performance\nguarantee required by the governing body under this article within thirty days\nafter receipt of written notice by the subdivider or developer of completion of\npart or all of any public facilities required to be constructed hereunder unless\nthe designated agent notifies the subdivider or developer in writing of\nnonreceipt of approval by an applicable state agency, or of any specified\ndefects or deficiencies in construction and suggested corrective measures prior\nto the expiration of the thirty-day period. Any inspection of such public\nfacilities shall be based solely upon conformance with the terms and conditions\nof the performance agreement and the approved design plan and specifications for\nthe facilities for which the performance guarantee is applicable, and shall not\ninclude the approval of any person other than an employee of the governing body,\nits administrative agency, the Virginia Department of Transportation or other\npolitical subdivision or a person who has contracted with the governing body,\nits administrative agency, the Virginia Department of Transportation or other\npolitical subdivision.\n\nB. If no such action is taken by the designated agent within the time specified\nabove, the request shall be deemed approved, and a partial release granted to\nthe subdivider or developer. No final release shall be granted until after\nexpiration of such thirty-day period and there is an additional request in\nwriting sent by certified mail return receipt to the chief administrative\nofficer of such governing body. The designated agent shall act within ten\nworking days of receipt of the request; then if no action is taken the request\nshall be deemed approved and final release granted to the subdivider or\ndeveloper.\n\nC. After receipt of the written notices required above, if the governing body or\nadministrative agency takes no action within the times specified above and the\nsubdivider or developer files suit in the local circuit court to obtain partial\nor final release of a bond, escrow, letter of credit, or other performance\nguarantee, as the case may be, the circuit court, upon finding the governing\nbody or its administrative agency was without good cause in failing to act,\nshall award such subdivider or developer his reasonable costs and\nattorneys&#8217; fees.\n\nD. No designated agent shall refuse to make a periodic partial or final release\nof a bond, escrow, letter of credit, or other performance guarantee for any\nreason not directly related to the specified defects or deficiencies in\nconstruction of the public facilities covered by said bond, escrow, letter of\ncredit or other performance guarantee.\n\nE. Upon written request by the subdivider or developer, the designated agent\nshall be required to make periodic partial releases of such bond, escrow, letter\nof credit, or other performance guarantee in a cumulative amount equal to no\nless than ninety percent of the original amount for which the bond, escrow,\nletter of credit, or other performance guarantee was taken, and may make partial\nreleases to such lower amounts as may be authorized by the designated agent\nbased upon the percentage of public facilities completed and approved by the\ngoverning body, local administrative agency, or state agency having\njurisdiction. Periodic partial releases may not occur before the completion of\nat least thirty percent of the public facilities covered by any bond, escrow,\nletter of credit, or other performance guarantee. The designated agent shall not\nbe required to execute more than three periodic partial releases in any\ntwelve-month period. Upon final completion and acceptance of the public\nfacilities, the designated agent shall release any remaining bond, escrow,\nletter of credit, or other performance guarantee to the subdivider or developer.\nFor the purpose of final release, the term &#8220;acceptance&#8221; means: when\nthe public facility is accepted by and taken over for operation and maintenance\nby the state agency, local government department or agency, or other public\nauthority which is responsible for maintaining and operating such public\nfacility upon acceptance.\n\nF. For the purposes of this section, a certificate of partial or final\ncompletion of such public facilities from either a duly licensed professional\nengineer or land surveyor, as defined in and limited to &#xA7; 54.1-400, or from\na department or agency designated by the locality may be accepted without\nrequiring further inspection of such public facilities.\n\nHISTORY: Code 1950, \u00a7\u00a7 15-781, 15-967.1; 1950, p. 183; 1962, c. 407, \u00a7\n15.1-466; 1970, c. 436; 1973, cc. 169, 480; 1975, c. 641; 1976, c. 270; 1978,\ncc. 429, 439, 440; 1979, cc. 183, 188, 395; 1980, cc. 379, 381; 1981, c. 348;\n1983, cc. 167, 609; 1984, c. 111; 1985, cc. 422, 455; 1986, c. 54; 1987, c. 717;\n1988, cc. 279, 735; 1989, cc. 332, 393, 403, 495; 1990, cc. 170, 176, 287, 708,\n973; 1991, cc. 30, 47, 288, 538; 1992, c. 380; 1993, cc. 836, 846, 864; 1994, c.\n421; 1995, cc. 386, 388, 389, 452, 457, 474; 1996, cc. 77, 325, 452, 456; 1997,\nc.; 2002, c. 779; 2025, c. 594.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}