                                 CODE OF VIRGINIA

OPTIONAL PROVISIONS OF A SUBDIVISION ORDINANCE (§ 15.2-2242)

A subdivision ordinance may include:

1. Provisions for variations in or exceptions to the general regulations of the
subdivision ordinance in cases of unusual situations or when strict adherence to
the general regulations would result in substantial injustice or hardship.

2. A requirement (i) for the furnishing of a preliminary opinion from the
applicable health official regarding the suitability of a subdivision for
installation of subsurface sewage disposal systems where such method of sewage
disposal is to be utilized in the development of a subdivision and (ii) that all
buildings constructed on lots resulting from subdivision of a larger tract that
abuts or adjoins a public water or sewer system or main shall be connected to
that public water or sewer system or main subject to the provisions of &#xA7;
15.2-2121.

3. A requirement that, in the event streets in a subdivision will not be
constructed to meet the standards necessary for inclusion in the secondary
system of state highways or for state street maintenance moneys paid to
municipalities, the subdivision plat and all approved deeds of subdivision, or
similar instruments, must contain a statement advising that the streets in the
subdivision do not meet state standards and will not be maintained by the
Department of Transportation or the localities enacting the ordinances. Grantors
of any subdivision lots to which such statement applies must include the
statement on each deed of conveyance thereof. However, localities in their
ordinances may establish minimum standards for construction of streets that will
not be built to state standards.
			For streets constructed or to be constructed, as provided for in this
subsection, a subdivision ordinance may require that the same procedure be
followed as that set forth in provision 5 of &#xA7; 15.2-2241. Further, the
subdivision ordinance may provide that the developer&#8217;s financial
commitment shall continue until such time as the local government releases such
financial commitment in accordance with provision 11 of &#xA7; 15.2-2241.

4. Reasonable provision for the voluntary funding of off-site road improvements
and reimbursements of advances by the governing body. If a subdivider or
developer makes an advance of payments for or construction of reasonable and
necessary road improvements located outside the property limits of the land
owned or controlled by him, the need for which is substantially generated and
reasonably required by the construction or improvement of his subdivision or
development, and such advance is accepted, the governing body may agree to
reimburse the subdivider or developer from such funds as the governing body may
make available for such purpose from time to time for the cost of such advance
together with interest, which shall be excludable from gross income for federal
income tax purposes, at a rate equal to the rate of interest on bonds most
recently issued by the governing body on the following terms and conditions:
			a. The governing body shall determine or confirm that the road improvements
were substantially generated and reasonably required by the construction or
improvement of the subdivision or development and shall determine or confirm the
cost thereof, on the basis of a study or studies conducted by qualified traffic
engineers and approved and accepted by the subdivider or developer.
			b. The governing body shall prepare, or cause to be prepared, a report
accepted and approved by the subdivider or developer, indicating the
governmental services required to be furnished to the subdivision or development
and an estimate of the annual cost thereof for the period during which the
reimbursement is to be made to the subdivider or developer.
			c. The governing body may make annual reimbursements to the subdivider or
developer from funds made available for such purpose from time to time,
including but not limited to real estate taxes assessed and collected against
the land and improvements on the property included in the subdivision or
development in amounts equal to the amount by which such real estate taxes
exceed the annual cost of providing reasonable and necessary governmental
services to such subdivision or development.

5. In Arlington County, Fairfax County, Loudoun County, and Prince William
County, in any town located within such counties, in Bedford County,
Pittsylvania County, Spotsylvania County, and Stafford County, or in the Cities
of Alexandria, Chesapeake, Fairfax, Falls Church, Hampton, Manassas, Manassas
Park, and Portsmouth, provisions for payment by a subdivider or developer of
land of a pro rata share of the cost of reasonable and necessary road
improvements, located outside the property limits of the land owned or
controlled by him but serving an area having related traffic needs to which his
subdivision or development will contribute, to reimburse an initial subdivider
or developer who has advanced such costs or constructed such road improvements.
Such ordinance may apply to road improvements constructed after July 1, 1988, in
Fairfax County; in Arlington County, Loudoun County, and Prince William County,
in any town located within such counties, in Bedford County, Pittsylvania
County, Spotsylvania County, and Stafford County, or in the Cities of
Alexandria, Chesapeake, Fairfax, Falls Church, Hampton, Manassas, Manassas Park,
and Portsmouth, such ordinance may only apply to road improvements constructed
after the effective date of such ordinance.
			Such provisions shall provide for the adoption of a pro rata reimbursement
plan which shall include reasonable standards to identify the area having
related traffic needs, to determine the total estimated or actual cost of road
improvements required to adequately serve the area when fully developed in
accordance with the comprehensive plan or as required by proffered conditions,
and to determine the proportionate share of such costs to be reimbursed by each
subsequent subdivider or developer within the area, with interest (i) at the
legal rate or (ii) at an inflation rate prescribed by a generally accepted index
of road construction costs, whichever is less.
			For any subdivision ordinance adopted pursuant to provision 5 of this section
after February 1, 1993, no such payment shall be assessed or imposed upon a
subsequent developer or subdivider if (i) prior to the adoption of a pro rata
reimbursement plan the subsequent subdivider or developer has proffered
conditions pursuant to &#xA7; 15.2-2303 for offsite road improvements and such
proffered conditions have been accepted by the locality, (ii) the locality has
assessed or imposed an impact fee on the subsequent development or subdivision
pursuant to Article 8 (&#xA7; 15.2-2317 et seq.) of Chapter 22, or (iii) the
subsequent subdivider or developer has received final site plan, subdivision
plan, or plan of development approval from the locality prior to the adoption of
a pro rata reimbursement plan for the area having related traffic needs.
			The amount of the costs to be reimbursed by a subsequent developer or
subdivider shall be determined before or at the time the site plan or
subdivision is approved. The ordinance shall specify that such costs are to be
collected at the time of the issuance of a temporary or final certificate of
occupancy or functional use and occupancy within the development, whichever
shall come first. The ordinance also may provide that the required reimbursement
may be paid (i) in lump sum, (ii) by agreement of the parties on installment at
a reasonable rate of interest or rate of inflation, whichever is less, for a
fixed number of years, or (iii) on such terms as otherwise agreed to by the
initial and subsequent subdividers and developers.
			Such ordinance provisions may provide that no certificate of occupancy shall
be issued to a subsequent developer or subdivider until (i) the initial
developer certifies to the locality that the subsequent developer has made the
required reimbursement directly to him as provided above or (ii) the subsequent
developer has deposited the reimbursement amount with the locality for transfer
forthwith to the initial developer.

6. Provisions for establishing and maintaining access to solar energy to
encourage the use of solar heating and cooling devices in new subdivisions. The
provisions shall be applicable to a new subdivision only when so requested by
the subdivider.

7. Provisions, in any town with a population between 14,500 and 15,000, granting
authority to the governing body, in its discretion, to use funds escrowed
pursuant to provision 5 of &#xA7; 15.2-2241 for improvements similar to but
other than those for which the funds were escrowed, if the governing body (i)
obtains the written consent of the owner or developer who submitted the escrowed
funds; (ii) finds that the facilities for which funds are escrowed are not
immediately required; (iii) releases the owner or developer from liability for
the construction or for the future cost of constructing those improvements for
which the funds were escrowed; and (iv) accepts liability for future
construction of these improvements. If such town fails to locate such owner or
developer after making a reasonable attempt to do so, the town may proceed as if
such consent had been granted. In addition, the escrowed funds to be used for
such other improvement may only come from an escrow that does not exceed a
principal amount of $30,000 plus any accrued interest and shall have been
escrowed for at least five years.

8. Provisions for clustering of single-family dwellings and preservation of open
space developments, which provisions shall comply with the requirements and
procedures set forth in &#xA7; 15.2-2286.1.

9. Provisions requiring that where a lot being subdivided or developed fronts on
an existing street, and adjacent property on either side has an existing
sidewalk or when the provision of a sidewalk, the need for which is
substantially generated and reasonably required by the proposed development, is
in accordance with the locality&#8217;s adopted comprehensive plan, a locality
may require the dedication of land for, and construction of, a sidewalk on the
property being subdivided or developed. Nothing in this paragraph shall alter in
any way any authority of localities or the Department of Transportation to
require sidewalks on any newly constructed street or highway.

10. Provisions for requiring and considering Phase I environmental site
assessments based on the anticipated use of the property proposed for the
subdivision or development that meet generally accepted national standards for
such assessments, such as those developed by the American Society for Testing
and Materials, and Phase II environmental site assessments, that also meet
accepted national standards, such as, but not limited to, those developed by the
American Society for Testing and Materials, if the locality deems such to be
reasonably necessary, based on findings in the Phase I assessment, and in
accordance with regulations of the United States Environmental Protection Agency
and the American Society for Testing and Materials. A reasonable fee may be
charged for the review of such environmental assessments. Such fees shall not
exceed an amount commensurate with the services rendered, taking into
consideration the time, skill, and administrative expense involved in such
review.

11. Provisions for requiring disclosure and remediation of contamination and
other adverse environmental conditions of the property prior to approval of
subdivision and development plans.

12. Provisions, in any town located in the Northern Virginia Transportation
District, granting authority to the governing body to require the dedication of
land for sidewalk, curb, and gutter improvements on the property being
subdivided or developed if the property is designated for such improvements on
the locality&#8217;s adopted pedestrian plan.

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,
c. 587; 2000, cc. 652, 711; 2002, c. 703; 2005, c. 567; 2006, cc. 421, 514, 533,
903; 2007, c. 813; 2014, c. 619; 2018, c. 550; 2019, cc. 461, 462.