77399915.2-2241Virginia Decodedhttps://vacode.org2016Counties, Cities And TownsPowers Of Local GovernmentPlanning, Subdivision Of Land And ZoningLand Subdivision And DevelopmentMandatory provisions of a subdivision ordinanceCode 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. 587, 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.BOARD OF SUP'RS v. Countryside Inv. Co.990031522 S.E.2d 6101999-11-05https://www.courtlistener.com/opinion/1059713/board-of-suprs-v-countryside-inv-co/ . . . authorized by the enabling legislation in Code §§ 15.2-2241 and -2242. The court entered a decree . . . <abbr title="Supreme Court of Virginia">SCV</abbr>Sansom v. BOARD OF SUP'RS OF MADISON COUNTY981492514 S.E.2d 3451999-04-16https://www.courtlistener.com/opinion/1059757/sansom-v-board-of-suprs-of-madison-county/ . . . appeals. . . . <abbr title="Supreme Court of Virginia">SCV</abbr>Logan v. City Council of City of Roanoke070371659 S.E.2d 2962008-04-18https://www.courtlistener.com/opinion/1058511/logan-v-city-council-of-city-of-roanoke/ . . . pertain to public improvements as authorized in §§ 15.2-2241 through 15.2-2245 shall be vested in . . . <abbr title="Supreme Court of Virginia">SCV</abbr>Shilling v. Jimenez031907597 S.E.2d 2062004-06-10https://www.courtlistener.com/opinion/1059059/shilling-v-jimenez/ . . . Subdivision and Development." They rely on Code § 15.2-2241: . . . <abbr title="Supreme Court of Virginia">SCV</abbr>County of Chesterfield v. TETRA ASSOCIATES082575689 S.E.2d 6472010-02-25https://www.courtlistener.com/opinion/1058236/county-of-chesterfield-v-tetra-associates/ . . . 2279. Furthermore, the court noted that Code § 15.2-2241 provides "mandatory" provisions for . . . <abbr title="Supreme Court of Virginia">SCV</abbr>Sinclair v. NEW CINGULAR WIRELESS PCS, LLC101831727 S.E.2d 402012-01-13https://www.courtlistener.com/opinion/1057939/sinclair-v-new-cingular-wireless-pcs-llc/ . . . the dedication of public rights of way, Code § 15.2-2241(A); to assess whether a transfer of . . . <abbr title="Supreme Court of Virginia">SCV</abbr>BOARD OF SUP'RS v. Countryside Inv. Co.990031522 S.E.2d 6101999-11-05https://www.courtlistener.com/opinion/1059713/board-of-suprs-v-countryside-inv-co/ . . . authorized by the enabling legislation in Code §§ 15.2-2241 and -2242. The court entered a decree . . . <abbr title="Supreme Court of Virginia">SCV</abbr>Sansom v. BOARD OF SUP'RS OF MADISON COUNTY981492514 S.E.2d 3451999-04-16https://www.courtlistener.com/opinion/1059757/sansom-v-board-of-suprs-of-madison-county/ . . . appeals. . . . <abbr title="Supreme Court of Virginia">SCV</abbr>Logan v. City Council of City of Roanoke070371659 S.E.2d 2962008-04-18https://www.courtlistener.com/opinion/1058511/logan-v-city-council-of-city-of-roanoke/ . . . pertain to public improvements as authorized in §§ 15.2-2241 through 15.2-2245 shall be vested in . . . <abbr title="Supreme Court of Virginia">SCV</abbr>Shilling v. Jimenez031907597 S.E.2d 2062004-06-10https://www.courtlistener.com/opinion/1059059/shilling-v-jimenez/ . . . Subdivision and Development." They rely on Code § 15.2-2241: . . . <abbr title="Supreme Court of Virginia">SCV</abbr>County of Chesterfield v. TETRA ASSOCIATES082575689 S.E.2d 6472010-02-25https://www.courtlistener.com/opinion/1058236/county-of-chesterfield-v-tetra-associates/ . . . 2279. Furthermore, the court noted that Code § 15.2-2241 provides "mandatory" provisions for . . . <abbr title="Supreme Court of Virginia">SCV</abbr>Sinclair v. NEW CINGULAR WIRELESS PCS, LLC101831727 S.E.2d 402012-01-13https://www.courtlistener.com/opinion/1057939/sinclair-v-new-cingular-wireless-pcs-llc/ . . . the dedication of public rights of way, Code § 15.2-2241(A); to assess whether a transfer of . . . <abbr title="Supreme Court of Virginia">SCV</abbr>http://law.lis.virginia.gov/vacode/15.2-2241//15.2-2241/15.2/II/22/6/15.2-224115.2-220115.2-2241.115.2-224615.2-224715.2-225515.2-229715.2-229815.2-230315.2-231815.2-851.154.1-407A subdivision ordinance shall include reasonable regulations and provisions that apply to or provide:sectionAA1 For plat details which shall meet the standard for plats as adopted under § 42.1-82 of the Virginia Public Records Act (§ 42.1-76 et seq.);sectionA1A12 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;sectionA2A22 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;sectionA3A32 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;sectionA4A42 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 local planning commission or agent designated by the governing body to review and act on submitted subdivision plats shall not be responsible to enforce the requirements of this subdivision;sectionA6A62 For monuments of specific types to be installed establishing street and property lines;sectionA7A72 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 governing body or its designated administrative agency, or where the developer has furnished surety to the governing body or its designated administrative agency 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 governing body or its designated administrative agency, whichever is greater;sectionA8A82 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 § 15.2-2244; andsectionA10A102 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 § 15.2-2245.sectionA11A112No 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.sectionBB1