{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/15.2-851.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/15.2-851.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/15.2-851.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/15.2-851.1.html"}],"law_id":56663,"edition_id":1,"section_id":56663,"structure_id":14819,"section_number":"15.2-851.1","catch_line":"Optional provisions of a subdivision ordinance","history":"2006, c. 736.","full_text":"A\n\nAs an alternative to the requirements of the first paragraph of subdivision 5 of § 15.2-2241, a subdivision ordinance may include reasonable regulations and provisions that apply to or provide 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, waterline 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, including traffic signalization and control, 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 (i) certifies to the governing body that the construction costs have been paid to the person constructing such facilities; (ii) furnishes to the governing body a certified check or cash escrow in the amount of the estimated costs of construction; (iii) furnishes a personal, corporate, or property bond, with surety satisfactory to the governing body or its designated administrative agency, 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 (iv) furnishes to the governing body a bank or savings institution’s letter of credit on certain designated funds satisfactory to the governing body or its designated administrative agency as to the bank or savings institution, the amount, and the form. If the owner or developer has not met all previous land development obligations in accordance with all development agreements with the locality as determined by the governing body or its designated administrative agency for the previous seven years, then a personal, corporate, or property bond may be disallowed by the governing body as security for such facilities, and in such event, security for such facilities shall be restricted to a certified check, cash escrow, or a letter of credit that meets the requirements of clause (iv) herein. The amount of such certified check, cash escrow, bond, or letter of credit shall not exceed the total of the estimated cost of construction based on current unit prices for new public or private sector construction in the locality and a reasonable allowance for estimated administrative costs, inflation, and potential damage to existing roads or utilities, which shall not exceed 25% of the estimated construction costs. However, if for the previous seven years the owner or developer has not met all previous land development obligations in accordance with all development agreements with the locality as determined by the governing body or its designated administrative agency, the governing body may require that the allowance for estimated administrative costs, inflation, and potential damage to existing roads or utilities be greater than 25% of the estimated construction costs, but not to exceed 50% of the estimated construction costs. “Developer,” as used in this section, means any owner, builder, subdivider or other person or entity engaged in the land development process and shall include their principals, officers, members, managers, partners, alter egos, and members of the immediate family related to any of the foregoing. “Such facilities,” as used in this section, means those facilities specifically provided for in this section.B\n\nAs an alternative to the requirements of subsection E of § 15.2-2245, a subdivision ordinance may provide that upon written request by the subdivider or developer, the governing body or its designated administrative agency 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 90% 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 governing body or its designated administrative agency based upon the percentage of public facilities completed and approved by the governing body, local administrative agency, or state agency having jurisdiction. If the subdivider or developer has not met all previous land development obligations in accordance with all development agreements with the locality as determined by the governing body or its designated administrative agency for the previous seven years prior to the written request for partial release, the cumulative amount released may be equal to no less than 80% of the original amount for which the bond, escrow, letter of credit, or other performance guarantee was taken. “Subdivider” and “developer,” as used in this section, mean any owner, builder, subdivider, or other person or entity engaged in the land development process and shall include their principals, officers, members, managers, partners, alter egos, and members of the immediate family related to any of the foregoing. Periodic partial releases may not occur before the completion of at least 30% of the public facilities covered by any bond, escrow, letter of credit, or other performance guarantee. The governing body or administrative agency shall not be required to execute more than three periodic partial releases in any 12-month period. Upon final completion and acceptance of the public facilities, the governing body or administrative agency 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 “acceptance” 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.","order_by":null,"text":{"0":{"id":207325,"text":"As an alternative to the requirements of the first paragraph of subdivision 5 of § 15.2-2241, a subdivision ordinance may include reasonable regulations and provisions that apply to or provide 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, waterline 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, including traffic signalization and control, 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 (i) certifies to the governing body that the construction costs have been paid to the person constructing such facilities; (ii) furnishes to the governing body a certified check or cash escrow in the amount of the estimated costs of construction; (iii) furnishes a personal, corporate, or property bond, with surety satisfactory to the governing body or its designated administrative agency, 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 (iv) furnishes to the governing body a bank or savings institution’s letter of credit on certain designated funds satisfactory to the governing body or its designated administrative agency as to the bank or savings institution, the amount, and the form. If the owner or developer has not met all previous land development obligations in accordance with all development agreements with the locality as determined by the governing body or its designated administrative agency for the previous seven years, then a personal, corporate, or property bond may be disallowed by the governing body as security for such facilities, and in such event, security for such facilities shall be restricted to a certified check, cash escrow, or a letter of credit that meets the requirements of clause (iv) herein. The amount of such certified check, cash escrow, bond, or letter of credit shall not exceed the total of the estimated cost of construction based on current unit prices for new public or private sector construction in the locality and a reasonable allowance for estimated administrative costs, inflation, and potential damage to existing roads or utilities, which shall not exceed 25% of the estimated construction costs. However, if for the previous seven years the owner or developer has not met all previous land development obligations in accordance with all development agreements with the locality as determined by the governing body or its designated administrative agency, the governing body may require that the allowance for estimated administrative costs, inflation, and potential damage to existing roads or utilities be greater than 25% of the estimated construction costs, but not to exceed 50% of the estimated construction costs. “Developer,” as used in this section, means any owner, builder, subdivider or other person or entity engaged in the land development process and shall include their principals, officers, members, managers, partners, alter egos, and members of the immediate family related to any of the foregoing. “Such facilities,” as used in this section, means those facilities specifically provided for in this section.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":207326,"text":"As an alternative to the requirements of subsection E of § 15.2-2245, a subdivision ordinance may provide that upon written request by the subdivider or developer, the governing body or its designated administrative agency 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 90% 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 governing body or its designated administrative agency based upon the percentage of public facilities completed and approved by the governing body, local administrative agency, or state agency having jurisdiction. If the subdivider or developer has not met all previous land development obligations in accordance with all development agreements with the locality as determined by the governing body or its designated administrative agency for the previous seven years prior to the written request for partial release, the cumulative amount released may be equal to no less than 80% of the original amount for which the bond, escrow, letter of credit, or other performance guarantee was taken. “Subdivider” and “developer,” as used in this section, mean any owner, builder, subdivider, or other person or entity engaged in the land development process and shall include their principals, officers, members, managers, partners, alter egos, and members of the immediate family related to any of the foregoing. Periodic partial releases may not occur before the completion of at least 30% of the public facilities covered by any bond, escrow, letter of credit, or other performance guarantee. The governing body or administrative agency shall not be required to execute more than three periodic partial releases in any 12-month period. Upon final completion and acceptance of the public facilities, the governing body or administrative agency 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 “acceptance” 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":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A"}},"ancestry":[{"id":14819,"edition_id":1,"name":"Departments and Commissions","identifier":"2","label":"article","depth":4,"order_by":1,"parent_id":14133,"metadata":{},"date_created":"2026-06-26 03:50:07","date_modified":"2026-06-26 03:50:07","permalink":{"id":152201,"object_type":"structure","relational_id":14819,"identifier":"2","token":"15.2\/I\/8\/2","url":"\/15.2\/I\/8\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":14133,"edition_id":1,"name":"Urban County Executive Form of Government","identifier":"8","label":"chapter","depth":3,"order_by":1,"parent_id":13138,"metadata":{},"date_created":"2026-06-26 03:46:58","date_modified":"2026-06-26 03:46:58","permalink":{"id":152109,"object_type":"structure","relational_id":14133,"identifier":"8","token":"15.2\/I\/8","url":"\/15.2\/I\/8\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13138,"edition_id":1,"name":"General Provisions; Charters; Other Forms and Organization of Counties","identifier":"I","label":"subtitle","depth":2,"order_by":1,"parent_id":12720,"metadata":{},"date_created":"2026-06-26 03:44:20","date_modified":"2026-06-26 03:44:20","permalink":{"id":151281,"object_type":"structure","relational_id":13138,"identifier":"I","token":"15.2\/I","url":"\/15.2\/I\/","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":70081,"structure_id":14819,"section_number":"15.2-821","catch_line":"Board to provide for and set up departments; removal of department head or person assigned to county executive's office; powers of supervisors generally","url":"\/15.2-821\/","token":"15.2\/I\/8\/2\/15.2-821","metadata":false},{"id":76022,"structure_id":14819,"section_number":"15.2-822","catch_line":"Designation of officer or employee to exercise power or perform duty","url":"\/15.2-822\/","token":"15.2\/I\/8\/2\/15.2-822","metadata":false},{"id":81909,"structure_id":14819,"section_number":"15.2-823","catch_line":"Departments and commissions of county government","url":"\/15.2-823\/","token":"15.2\/I\/8\/2\/15.2-823","metadata":false},{"id":77119,"structure_id":14819,"section_number":"15.2-824","catch_line":"Appointment of members of certain boards, authorities and commissions","url":"\/15.2-824\/","token":"15.2\/I\/8\/2\/15.2-824","metadata":false},{"id":81095,"structure_id":14819,"section_number":"15.2-825","catch_line":"Committee for legislative audit and review","url":"\/15.2-825\/","token":"15.2\/I\/8\/2\/15.2-825","metadata":false},{"id":69081,"structure_id":14819,"section_number":"15.2-826","catch_line":"Department of finance; director; general duties","url":"\/15.2-826\/","token":"15.2\/I\/8\/2\/15.2-826","metadata":false},{"id":77030,"structure_id":14819,"section_number":"15.2-827","catch_line":"Same; expenditures and accounts","url":"\/15.2-827\/","token":"15.2\/I\/8\/2\/15.2-827","metadata":false},{"id":80542,"structure_id":14819,"section_number":"15.2-828","catch_line":"Same; powers of commissioners of revenue; real estate assessments","url":"\/15.2-828\/","token":"15.2\/I\/8\/2\/15.2-828","metadata":false},{"id":71908,"structure_id":14819,"section_number":"15.2-829","catch_line":"Same; powers of county treasurer; deposit of moneys","url":"\/15.2-829\/","token":"15.2\/I\/8\/2\/15.2-829","metadata":false},{"id":85848,"structure_id":14819,"section_number":"15.2-830","catch_line":"Same; claims against counties; accounts","url":"\/15.2-830\/","token":"15.2\/I\/8\/2\/15.2-830","metadata":false},{"id":76908,"structure_id":14819,"section_number":"15.2-831","catch_line":"Same; director as purchasing agent","url":"\/15.2-831\/","token":"15.2\/I\/8\/2\/15.2-831","metadata":false},{"id":86556,"structure_id":14819,"section_number":"15.2-832","catch_line":"Same; assistants","url":"\/15.2-832\/","token":"15.2\/I\/8\/2\/15.2-832","metadata":false},{"id":62049,"structure_id":14819,"section_number":"15.2-833","catch_line":"Same; obligations of chief assessing officer","url":"\/15.2-833\/","token":"15.2\/I\/8\/2\/15.2-833","metadata":false},{"id":68700,"structure_id":14819,"section_number":"15.2-834","catch_line":"Department of public works","url":"\/15.2-834\/","token":"15.2\/I\/8\/2\/15.2-834","metadata":false},{"id":72653,"structure_id":14819,"section_number":"15.2-835","catch_line":"Department and board of social services","url":"\/15.2-835\/","token":"15.2\/I\/8\/2\/15.2-835","metadata":false},{"id":61030,"structure_id":14819,"section_number":"15.2-836","catch_line":"Department of law enforcement","url":"\/15.2-836\/","token":"15.2\/I\/8\/2\/15.2-836","metadata":false},{"id":74453,"structure_id":14819,"section_number":"15.2-836.1","catch_line":"Animal protection police officer","url":"\/15.2-836.1\/","token":"15.2\/I\/8\/2\/15.2-836.1","metadata":false},{"id":75384,"structure_id":14819,"section_number":"15.2-837","catch_line":"Department of education","url":"\/15.2-837\/","token":"15.2\/I\/8\/2\/15.2-837","metadata":false},{"id":84166,"structure_id":14819,"section_number":"15.2-838","catch_line":"Department of records","url":"\/15.2-838\/","token":"15.2\/I\/8\/2\/15.2-838","metadata":false},{"id":79787,"structure_id":14819,"section_number":"15.2-839","catch_line":"Department and board of health","url":"\/15.2-839\/","token":"15.2\/I\/8\/2\/15.2-839","metadata":false},{"id":72395,"structure_id":14819,"section_number":"15.2-840","catch_line":"Department of assessments","url":"\/15.2-840\/","token":"15.2\/I\/8\/2\/15.2-840","metadata":false},{"id":56675,"structure_id":14819,"section_number":"15.2-841","catch_line":"Department of farm and home demonstration","url":"\/15.2-841\/","token":"15.2\/I\/8\/2\/15.2-841","metadata":false},{"id":71113,"structure_id":14819,"section_number":"15.2-842","catch_line":"Department of public safety","url":"\/15.2-842\/","token":"15.2\/I\/8\/2\/15.2-842","metadata":false},{"id":77274,"structure_id":14819,"section_number":"15.2-843","catch_line":"Department of public utilities","url":"\/15.2-843\/","token":"15.2\/I\/8\/2\/15.2-843","metadata":false},{"id":57265,"structure_id":14819,"section_number":"15.2-844","catch_line":"Examination and audit of books and accounts","url":"\/15.2-844\/","token":"15.2\/I\/8\/2\/15.2-844","metadata":false},{"id":63066,"structure_id":14819,"section_number":"15.2-845","catch_line":"Schedule of compensation","url":"\/15.2-845\/","token":"15.2\/I\/8\/2\/15.2-845","metadata":false},{"id":83332,"structure_id":14819,"section_number":"15.2-846","catch_line":"Salaries and expenses of board members; administrative staff","url":"\/15.2-846\/","token":"15.2\/I\/8\/2\/15.2-846","metadata":false},{"id":87326,"structure_id":14819,"section_number":"15.2-847","catch_line":"Budget; board to fix salaries and allowances","url":"\/15.2-847\/","token":"15.2\/I\/8\/2\/15.2-847","metadata":false},{"id":80453,"structure_id":14819,"section_number":"15.2-848","catch_line":"Compensation of officers and employees; fee system abolished","url":"\/15.2-848\/","token":"15.2\/I\/8\/2\/15.2-848","metadata":false},{"id":66350,"structure_id":14819,"section_number":"15.2-849","catch_line":"Establishing times and conditions of employment; personnel management, etc","url":"\/15.2-849\/","token":"15.2\/I\/8\/2\/15.2-849","metadata":false},{"id":67260,"structure_id":14819,"section_number":"15.2-850","catch_line":"Bonds of officers","url":"\/15.2-850\/","token":"15.2\/I\/8\/2\/15.2-850","metadata":false},{"id":57662,"structure_id":14819,"section_number":"15.2-851","catch_line":"Expedited land development review procedure","url":"\/15.2-851\/","token":"15.2\/I\/8\/2\/15.2-851","metadata":false},{"id":56663,"structure_id":14819,"section_number":"15.2-851.1","catch_line":"Optional provisions of a subdivision ordinance","url":"\/15.2-851.1\/","token":"15.2\/I\/8\/2\/15.2-851.1","metadata":false},{"id":71120,"structure_id":14819,"section_number":"15.2-852","catch_line":"Disclosures in land use proceedings","url":"\/15.2-852\/","token":"15.2\/I\/8\/2\/15.2-852","metadata":false}],"previous_section":{"id":57662,"structure_id":14819,"section_number":"15.2-851","catch_line":"Expedited land development review procedure","url":"\/15.2-851\/","token":"15.2\/I\/8\/2\/15.2-851","metadata":false},"next_section":{"id":71120,"structure_id":14819,"section_number":"15.2-852","catch_line":"Disclosures in land use proceedings","url":"\/15.2-852\/","token":"15.2\/I\/8\/2\/15.2-852","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/15.2-851.1\/","history_text":"

This law was first created in 2006. The record of its establishment is cataloged in chapter 736<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/p>","references":false,"refers_to":[{"id":81439,"section_number":"15.2-2241","catch_line":"Mandatory provisions of a subdivision ordinance","order_by":null,"url":"\/15.2-2241\/"},{"id":61355,"section_number":"15.2-2245","catch_line":"Provisions for periodic partial and final release of certain performance guarantees","order_by":null,"url":"\/15.2-2245\/"}],"permalink":{"id":152331,"object_type":"law","relational_id":56663,"identifier":"15.2-851.1","token":"15.2\/I\/8\/2\/15.2-851.1","url":"\/15.2-851.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/15.2-851.1\/","token":"15.2\/I\/8\/2\/15.2-851.1","dublin_core":{"Title":"Optional provisions of a subdivision ordinance","Type":"Text","Format":"text\/html","Identifier":"\u00a7 15.2-851.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> As an alternative to the requirements of the first paragraph of subdivision 5 of § 15.2-2241<\/a>, a subdivision ordinance<\/span> may include reasonable regulations and provisions that apply to or provide for the acceptance<\/span> 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, waterline as part of a public system or other improvement dedicated for public use, and maintained by the locality<\/span>, the Commonwealth, or other public agency, and for the provision of other site-related improvements required by local ordinances<\/span> for vehicular ingress and egress, including traffic signalization and control, 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 (i) certifies to the governing body<\/span> that the construction costs have been paid to the person constructing such facilities; (ii) furnishes to the governing body<\/span> a certified check or cash escrow in the amount of the estimated costs of construction; (iii) furnishes a personal, corporate, or property bond<\/span>, with surety<\/span> satisfactory to the governing body<\/span> or its designated administrative agency, in an amount sufficient for and conditioned upon the construction of such facilities, or a contract<\/span> for the construction of such facilities and the contractor’s bond<\/span>, with like surety<\/span>, in like amount and so conditioned; or (iv) furnishes to the governing body<\/span> a bank or savings institution’s letter of credit on certain designated funds satisfactory to the governing body<\/span> or its designated administrative agency as to the bank or savings institution, the amount, and the form. If the owner or developer has not met all previous land development obligations in accordance with all development agreements with the locality<\/span> as determined by the governing body<\/span> or its designated administrative agency for the previous seven years, then a personal, corporate, or property bond<\/span> may be disallowed by the governing body<\/span> as security for such facilities, and in such event, security for such facilities shall be restricted to a certified check, cash escrow, or a letter of credit that meets the requirements of clause (iv) herein. The amount of such certified check, cash escrow, bond<\/span>, or letter of credit shall not exceed the total of the estimated cost of construction based on current unit prices for new public or private sector construction in the locality<\/span> and a reasonable allowance for estimated administrative costs, inflation, and potential damage to existing roads or utilities, which shall not exceed 25% of the estimated construction costs. However, if for the previous seven years the owner or developer has not met all previous land development obligations in accordance with all development agreements with the locality<\/span> as determined by the governing body<\/span> or its designated administrative agency, the governing body<\/span> may require that the allowance for estimated administrative costs, inflation, and potential damage to existing roads or utilities be greater than 25% of the estimated construction costs, but not to exceed 50% of the estimated construction costs. “Developer,” as used in this section, means any owner, builder, subdivider<\/span> or other person or entity engaged in the land development process and shall include their principals, officers, members, managers, partners, alter egos, and members of the immediate family related to any of the foregoing. “Such facilities,” as used in this section, means those facilities specifically provided for in this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> As an alternative to the requirements of subsection E of § 15.2-2245<\/a>, a subdivision ordinance<\/span> may provide that upon written request by the subdivider<\/span> or developer, the governing body<\/span> or its designated administrative agency shall be required to make periodic partial releases of such bond<\/span>, escrow, letter of credit, or other performance guarantee in a cumulative amount equal to no less than 90% of the original amount for which the 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 governing body<\/span> or its designated administrative agency based upon the percentage of public facilities completed and approved by the governing body<\/span>, local administrative agency, or state agency having jurisdiction<\/span>. If the subdivider<\/span> or developer has not met all previous land development obligations in accordance with all development agreements with the locality<\/span> as determined by the governing body<\/span> or its designated administrative agency for the previous seven years prior to the written request for partial release, the cumulative amount released may be equal to no less than 80% of the original amount for which the bond<\/span>, escrow, letter of credit, or other performance guarantee was taken. “Subdivider<\/span>” and “developer,” as used in this section, mean any owner, builder, subdivider<\/span>, or other person or entity engaged in the land development process and shall include their principals, officers, members, managers, partners, alter egos, and members of the immediate family related to any of the foregoing. Periodic partial releases may not occur before the completion of at least 30% of the public facilities covered by any bond<\/span>, escrow, letter of credit, or other performance guarantee. The governing body<\/span> or administrative agency shall not be required to execute more than three periodic partial releases in any 12-month period. Upon final completion and acceptance<\/span> of the public facilities, the governing body<\/span> or administrative agency shall release any remaining bond<\/span>, escrow, letter of credit, or other performance guarantee to the subdivider<\/span> or developer. For the purpose of final release, the term “acceptance<\/span>” means when the public facility is accepted by and taken over for operation and maintenance by the state agency, local government<\/span> department or agency, or other public authority which is responsible for maintaining and operating such public facility upon acceptance<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nOPTIONAL PROVISIONS OF A SUBDIVISION ORDINANCE (\u00a7 15.2-851.1)\n\nA. As an alternative to the requirements of the first paragraph of subdivision 5\nof § 15.2-2241, a subdivision ordinance may include reasonable regulations\nand provisions that apply to or provide for the acceptance of dedication for\npublic use of any right-of-way located within any subdivision or section\nthereof, which has constructed or proposed to be constructed within the\nsubdivision or section thereof, any street, curb, gutter, sidewalk, bicycle\ntrail, drainage or sewerage system, waterline as part of a public system or\nother improvement dedicated for public use, and maintained by the locality, the\nCommonwealth, or other public agency, and for the provision of other\nsite-related improvements required by local ordinances for vehicular ingress and\negress, including traffic signalization and control, for public access streets,\nfor structures necessary to ensure stability of critical slopes, and for storm\nwater management facilities, financed or to be financed in whole or in part by\nprivate funds only if the owner or developer (i) certifies to the governing body\nthat the construction costs have been paid to the person constructing such\nfacilities; (ii) furnishes to the governing body a certified check or cash\nescrow in the amount of the estimated costs of construction; (iii) furnishes a\npersonal, corporate, or property bond, with surety satisfactory to the governing\nbody or its designated administrative agency, in an amount sufficient for and\nconditioned upon the construction of such facilities, or a contract for the\nconstruction of such facilities and the contractor’s bond, with like\nsurety, in like amount and so conditioned; or (iv) furnishes to the governing\nbody a bank or savings institution’s letter of credit on certain\ndesignated funds satisfactory to the governing body or its designated\nadministrative agency as to the bank or savings institution, the amount, and the\nform. If the owner or developer has not met all previous land development\nobligations in accordance with all development agreements with the locality as\ndetermined by the governing body or its designated administrative agency for the\nprevious seven years, then a personal, corporate, or property bond may be\ndisallowed by the governing body as security for such facilities, and in such\nevent, security for such facilities shall be restricted to a certified check,\ncash escrow, or a letter of credit that meets the requirements of clause (iv)\nherein. The amount of such certified check, cash escrow, bond, or letter of\ncredit shall not exceed the total of the estimated cost of construction based on\ncurrent unit prices for new public or private sector construction in the\nlocality and a reasonable allowance for estimated administrative costs,\ninflation, and potential damage to existing roads or utilities, which shall not\nexceed 25% of the estimated construction costs. However, if for the previous\nseven years the owner or developer has not met all previous land development\nobligations in accordance with all development agreements with the locality as\ndetermined by the governing body or its designated administrative agency, the\ngoverning body may require that the allowance for estimated administrative\ncosts, inflation, and potential damage to existing roads or utilities be greater\nthan 25% of the estimated construction costs, but not to exceed 50% of the\nestimated construction costs. “Developer,” as used in this section,\nmeans any owner, builder, subdivider or other person or entity engaged in the\nland development process and shall include their principals, officers, members,\nmanagers, partners, alter egos, and members of the immediate family related to\nany of the foregoing. “Such facilities,” as used in this section,\nmeans those facilities specifically provided for in this section.\n\nB. As an alternative to the requirements of subsection E of § 15.2-2245, a\nsubdivision ordinance may provide that upon written request by the subdivider or\ndeveloper, the governing body or its designated administrative agency shall be\nrequired to make periodic partial releases of such bond, escrow, letter of\ncredit, or other performance guarantee in a cumulative amount equal to no less\nthan 90% of the original amount for which the bond, escrow, letter of credit, or\nother performance guarantee was taken, and may make partial releases to such\nlower amounts as may be authorized by the governing body or its designated\nadministrative agency based upon the percentage of public facilities completed\nand approved by the governing body, local administrative agency, or state agency\nhaving jurisdiction. If the subdivider or developer has not met all previous\nland development obligations in accordance with all development agreements with\nthe locality as determined by the governing body or its designated\nadministrative agency for the previous seven years prior to the written request\nfor partial release, the cumulative amount released may be equal to no less than\n80% of the original amount for which the bond, escrow, letter of credit, or\nother performance guarantee was taken. “Subdivider” and\n“developer,” as used in this section, mean any owner, builder,\nsubdivider, or other person or entity engaged in the land development process\nand shall include their principals, officers, members, managers, partners, alter\negos, and members of the immediate family related to any of the foregoing.\nPeriodic partial releases may not occur before the completion of at least 30% of\nthe public facilities covered by any bond, escrow, letter of credit, or other\nperformance guarantee. The governing body or administrative agency shall not be\nrequired to execute more than three periodic partial releases in any 12-month\nperiod. Upon final completion and acceptance of the public facilities, the\ngoverning body or administrative agency shall release any remaining bond,\nescrow, letter of credit, or other performance guarantee to the subdivider or\ndeveloper. For the purpose of final release, the term “acceptance”\nmeans when the public facility is accepted by and taken over for operation and\nmaintenance by the state agency, local government department or agency, or other\npublic authority which is responsible for maintaining and operating such public\nfacility upon acceptance.\n\nHISTORY: 2006, c. 736.","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}}