                                 CODE OF VIRGINIA

RECORDED PLATS OR FINAL SITE PLANS TO BE VALID FOR NOT LESS THAN FIVE YEARS (§
15.2-2261)

A. An approved final subdivision plat which has been recorded or an approved
final site plan, hereinafter referred to as &#8220;recorded plat or final site
plan,&#8221; shall be valid for a period of not less than five years from the
date of approval thereof or for such longer period as the designated agent may,
at the time of approval, determine to be reasonable, taking into consideration
the size and phasing of the proposed development. A site plan shall be deemed
final once it has been reviewed and approved by the locality if the only
requirements remaining to be satisfied in order to obtain a building permit are
the posting of any bonds and escrows or the submission of any other
administrative documents, agreements, deposits, or fees required by the locality
in order to obtain the permit. However, any fees that are customarily due and
owing at the time of the agency review of the site plan shall be paid in a
timely manner.

B. 1.  Upon application of the subdivider or developer filed prior to expiration
of a recorded plat or final site plan, the designated agent may grant one or
more extensions of such approval for additional periods as the designated agent
may, at the time the extension is granted, determine to be reasonable, taking
into consideration the size and phasing of the proposed development, the laws,
ordinances and regulations in effect at the time of the request for an
extension.

   2. If the designated agent denies an extension requested as provided herein
   and the subdivider or developer contends that such denial was not properly
   based on the ordinance applicable thereto, the foregoing considerations for
   granting an extension, or was arbitrary or capricious, he may appeal to the
   circuit court having jurisdiction of land subject to the recorded plat or
   final site plan, provided that such appeal is filed with the circuit court
   within sixty days of the written denial by the commission or other agency.

C. For so long as the final site plan remains valid in accordance with the
provisions of this section, or in the case of a recorded plat for five years
after approval, no change or amendment to any local ordinance, map, resolution,
rule, regulation, policy or plan adopted subsequent to the date of approval of
the recorded plat or final site plan shall adversely affect the right of the
subdivider or developer or his successor in interest to commence and complete an
approved development in accordance with the lawful terms of the recorded plat or
site plan unless the change or amendment is required to comply with state law or
there has been a mistake, fraud or a change in circumstances substantially
affecting the public health, safety or welfare.

D. Application for minor modifications to recorded plats or final site plans
made during the periods of validity of such plats or plans established in
accordance with this section shall not constitute a waiver of the provisions
hereof nor shall the approval of minor modifications extend the period of
validity of such plats or plans.

E. The provisions of this section shall be applicable to all recorded plats and
final site plans valid on or after January 1, 1992. Nothing contained in this
section shall be construed to affect (i) any litigation concerning the validity
of a site plan pending prior to January 1, 1992, or any such litigation
nonsuited and thereafter refiled; (ii) the authority of a governing body to
impose valid conditions upon approval of any special use permit, conditional use
permit or special exception; (iii) the application to individual lots on
recorded plats or parcels of land subject to final site plans, to the greatest
extent possible, of the provisions of any local ordinance adopted pursuant to
the Chesapeake Bay Preservation Act (&#xA7; 62.1-44.15:67 et seq.); or (iv) the
application to individual lots on recorded plats or parcels of land subject to
final site plans of the provisions of any local ordinance adopted to comply with
the requirements of the federal Clean Water Act, &#xA7; 402 (p.) of the
Stormwater Program and regulations promulgated thereunder by the Environmental
Protection Agency.

F. An approved final subdivision plat that has been recorded, from which any
part of the property subdivided has been conveyed to third parties (other than
to the developer or local jurisdiction), or a recorded plat dedicating real
property to the local jurisdiction or public body that has been accepted by such
grantee, shall remain valid for an indefinite period of time unless and until
any portion of the property is subject to a vacation action as set forth in
&#xA7;&#xA7; 15.2-2270 through 15.2-2278.

HISTORY: Code 1950, §§ 15-789, 15-967.10; 1952, c. 333; 1962, c. 407, §
15.1-475; 1964, c. 498; 1975, c. 641; 1977, c. 10; 1978, c. 283; 1979, c. 111;
1980, c. 73; 1986, c. 483; 1989, cc. 471, 495; 1990, c. 171; 1992, c. 843; 1993,
c. 846; 1996, c. 353; 1997, c.; 2008, c. 426; 2013, c. 509; 2020, c. 138; 2025,
c. 594.