                                 CODE OF VIRGINIA

MANDATORY PROVISIONS OF A SUBDIVISION ORDINANCE (§ 15.2-2241)

A. A subdivision ordinance shall include reasonable regulations and provisions
that apply to or provide:

   1. For plat details which shall meet the standard for plats as adopted under
   &#xA7; 42.1-82 of the Virginia Public Records Act (&#xA7; 42.1-76 et seq.);

   2. 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, including, for ordinances and amendments thereto
   adopted on or after January 1, 1990, for the coordination of such streets with
   existing or planned streets in existing or future adjacent or contiguous to
   adjacent subdivisions;

   3. For adequate provisions for drainage and flood control, for adequate
   provisions related to the failure of impounding structures and impacts within
   dam break inundation zones, and other public purposes, and for light and air,
   and for identifying soil characteristics;

   4. 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;

   5. 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 or, at the option of the local
   governing body, presents evidence satisfactory to the governing body that the
   time for recordation of any mechanics lien has expired or evidence that any
   debt for said construction that may be due and owing is contested and further
   provides indemnity with adequate surety in an amount deemed sufficient by the
   designated agent; (ii) 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
   designated agent, 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&#8217;s bond, with like surety, in like amount
   and so conditioned; or (iii) furnishes to the governing body a bank or savings
   institution&#8217;s letter of credit on certain designated funds satisfactory
   to the designated agent as to the bank or savings institution, the amount and
   the form. 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 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 10
   percent of the estimated construction costs. If the owner or developer
   defaults on construction of such facilities, and such facilities are
   constructed by the surety or with funding from the aforesaid check, cash
   escrow, bond or letter of credit, the locality shall be entitled to retain or
   collect the allowance for administrative costs to the extent the costs of such
   construction do not exceed the total of the originally estimated costs of
   construction and the allowance for administrative costs. &#8220;Such
   facilities,&#8221; as used in this section, means those facilities
   specifically provided for in this section.
   				If a developer records a final plat which may be a section of a
   subdivision as shown on an approved preliminary subdivision plat and furnishes
   to the governing body a certified check, cash escrow, bond, or letter of
   credit in the amount of the estimated cost of construction of the facilities
   to be dedicated within said section for public use and maintained by the
   locality, the Commonwealth, or other public agency, the developer shall have
   the right to record the remaining sections shown on the preliminary
   subdivision plat for a period of five years from the recordation date of any
   section, or for such longer period as the local commission or other agent may,
   at the approval, determine to be reasonable, taking into consideration the
   size and phasing of the proposed development, subject to the terms and
   conditions of this subsection and subject to engineering and construction
   standards and zoning requirements in effect at the time that each remaining
   section is recorded. In the event a governing body of a county, wherein the
   highway system is maintained by the Department of Transportation, has accepted
   the dedication of a road for public use and such road due to factors other
   than its quality of construction is not acceptable into the secondary system
   of state highways, then such governing body may, if so provided by its
   subdivision ordinance, require the subdivider or developer to furnish the
   county with a maintenance and indemnifying bond, with surety satisfactory to
   the designated agent, in an amount sufficient for and conditioned upon the
   maintenance of such road until such time as it is accepted into the secondary
   system of state highways. In lieu of such bond, the designated agent may
   accept a bank or savings institution&#8217;s letter of credit on certain
   designated funds satisfactory to the designated agent as to the bank or
   savings institution, the amount and the form, or accept payment of a
   negotiated sum of money sufficient for and conditioned upon the maintenance of
   such road until such time as it is accepted into the secondary system of state
   highways and assume the subdivider&#8217;s or developer&#8217;s liability for
   maintenance of such road. &#8220;Maintenance of such road&#8221; as used in
   this section, means maintenance of the streets, curb, gutter, drainage
   facilities, utilities or other street improvements, including the correction
   of defects or damages and the removal of snow, water or debris, so as to keep
   such road reasonably open for public usage;

   6. For conveyance of common or shared easements to franchised cable television
   operators furnishing cable television and public service corporations
   furnishing cable television, gas, telephone and electric service to the
   proposed subdivision. Once a developer conveys an easement that will permit
   electric, cable or telephone service to be furnished to a subdivision, the
   developer shall, within 30 days after written request by a cable television
   operator or telephone service provider, grant an easement to that cable
   television operator or telephone service provider for the purpose of providing
   cable television and communications services to that subdivision, which
   easement shall be geographically coextensive with the electric service
   easement, or if only a telephone or cable service easement has been granted,
   then geographically coextensive with that telephone or cable service easement;
   however, the developer and franchised cable television operator or telephone
   service provider may mutually agree on an alternate location for an easement.
   If the final subdivision plat is recorded and does not include conveyance of a
   common or shared easement as provided herein, the designated agent shall not
   be responsible to enforce the requirements of this subdivision;

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

   8. That unless a plat is 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; however, in any case where construction of
   facilities to be dedicated for public use has commenced pursuant to an
   approved plan or permit with surety approved by the designated agent, or where
   the developer has furnished surety to the designated agent by certified check,
   cash escrow, bond, or letter of credit in the amount of the estimated cost of
   construction of such facilities, the time for plat recordation shall be
   extended to one year after final approval or to the time limit specified in
   the surety agreement approved by the designated agent;

   9. For the administration and enforcement of such ordinance, not inconsistent
   with provisions contained in this chapter, 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 any such ordinance to be installed; such
   fees and charges shall in no instance exceed an amount commensurate with the
   services rendered taking into consideration the time, skill and
   administrator&#8217;s expense involved. All such charges heretofore made are
   hereby validated;

   10. For reasonable provisions permitting a single division of a lot or parcel
   for the purpose of sale or gift to a member of the immediate family of the
   property owner in accordance with the provisions of &#xA7; 15.2-2244;

   11. 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 section in accordance with the provisions of &#xA7; 15.2-2245;

   12. For the review of plats, site plans, and plans of development solely
   involving parcels of commercial or residential real estate as set forth in
   &#xA7;&#xA7; 15.2-2259 and 15.2-2260; and

   13. For the identification of deficiencies, corrections, or modifications of
   proposed and resubmitted plats and plans as set forth in &#xA7;&#xA7;
   15.2-2259 and 15.2-2260.

B. No locality shall require that any certified check, cash escrow, bond, letter
of credit or other performance guarantee furnished pursuant to this chapter
apply to, or include the cost of, any facility or improvement unless such
facility or improvement is shown or described on the approved plat or plan of
the project for which such guarantee is being furnished. Furthermore, the terms,
conditions, and specifications contained in any agreement, contract, performance
agreement, or similar document, however described or delineated, between a
locality or its governing body and an owner or developer of property entered
into pursuant to this chapter in conjunction with any performance guarantee, as
described in this subsection, shall be limited to those items depicted or
provided for in the approved plan, plat, permit application, or similar document
for which such performance guarantee is applicable.

HISTORY: Code 1950, §§ 15-781, 15-967.1; 1950, p. 183; 1962, c. 407, §
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,
cc., 737; 2002, c. 517; 2004, c. 952; 2006, c. 670; 2008, cc. 491, 718; 2009,
cc. 193, 194; 2010, cc. 149, 766; 2011, c. 512; 2012, c. 468; 2025, c. 594.