Title Five

Legislative History notes are not part of this ordinance, but they are official records of Council intent. Likewise, Practice Notes are not law, but they do reflect the staff's best, reasoned opinion on the application of law. Hyperlinks have been inserted by the editor and have no bearing on the law, its underlying intent, or its application. This iteration of Title Five was initially enacted in ordinance O-190-16.

TITLE FIVE

LAND SUBDIVISION

CHAPTER 1

GENERAL PROVISIONS

§ 5-101. Title. This Title is known and may be cited as the "Subdivision Code of Bridgewater, Virginia."

§ 5-102. Policy. It is declared to be the policy of the Town of Bridgewater to consider land Subdivisions as part of a plan for the orderly, efficient and economical development of the Town. Such Subdivisions shall be guided and regulated in such a manner as to meet the requirements set out in this ordinance for orderly and harmonious growth.

§ 5-103. Definitions. For the purposes of this Title, the following words and phrases shall have the meanings ascribed to them by this section:

(1) "Agent." The Town Manager of the Town of Bridgewater, Virginia or his designee.

(2) "Alley." A passageway open to public travel affording a secondary means of vehicular access to abutting lots, but not intended for general traffic circulation.

(3) "Alteration." The changing of a lot boundary or boundaries without the creation of additional parcels.

(4) "Bridgewater Standard Utility Easement," or "B-SUE." An easement so-designated on plat. Upon recordation of a final plat, it shall be conclusively presumed to allow the Town to construct, maintain, revise, rebuild, replace, or remove facilities for water, sewer, electricity, natural gas, telecommunications, and stormwater. Private entities providing such services in Town can be authorized to make use of B-SUE's through franchise agreements or other instruments.

(5) "BURM." The then-current edition of the "Bridgewater Utility Reference Manual."

(6) “Clerk’s Office.” The Clerk's Office of the Circuit Court of Rockingham County, Virginia.

(7) “Commission.” The Planning Commission of the Town of Bridgewater, Virginia.

(9) “Paper Street.” A Town Street which has not been improved to allow ready vehicular travel, often resulting from dedications of land for streets with the necessary construction reserved for a time when the need arises.

(10) “Phase.” Where the preliminary plat of a Subdivision has been approved, a "Phase" is the portion thereof shown on a particular final plat. If a final plat shows all land included in the preliminary plat, the Subdivsion has only one Phase.

(11) “Required Improvements.” Those improvements required to be installed for a Subdivision, either by an approved preliminary plat or by direct operation of this Chapter.

(12) “Street.” Any passageway (other than Alleys, specifically designed for vehicular traffic. Except where otherwise noted explicitly, the term refers to streets owned by the Town.

(13) “Subdivide.” The division a parcel of land, excluding dedications of land to the Town.

Practice Note: Under this definition, a dedication of land to the Town is not subject to this Title.

(14) “Subdivider.” An applicant for the creation of a Subdivision under this Title, or a person whose application has been approved.

(a) Subject to the provisions of § 5-105, no person shall Subdivide land without fully complying with this Title.

(b) No plat of any Subdivision shall be recorded unless and until it shall have been submitted to and approved by the Agent.

(c) No person shall sell or transfer any land of a Subdivision before a final plat has been duly approved and recorded as provided in this Title.

(d) It shall be unlawful for any person to Subdivide or improve a Subdivision in a manner which materially deviates from the final Plat as approved.

(e) It shall be unlawful for any person to create an Alteration without the written certification of the Agent that it is in accord with applicable law. No other process is required for Alterations.

Practice Note: Alterations involve the shifting of boundary lines, not the creation of additional lots. Accordingly, the Town's interest is more limited than with Subdivisions. So long as the lots resulting from an Alteration would satisfy the Town's zoning ordinance, the Alteration will be approved summarily by staff. See § 5-302(b) below.

(f) Any person violating the foregoing provisions shall be subject to a fine of not more than $500 for each lot or parcel of land so Subdivided or transferred or sold; and the description of such lot or parcel by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring shall not exempt the transaction from such penalties or from the remedies provided herein.

(a) This section is intended to foster, in appropriate cases, a dialogue between the Agent and potential Subdividers, which will lead to development responsive to the Town’s objectives as expressed in § 5-102 with a minimum of bureaucratic delay.

(b) This section authorizes the use of a Subdivision Informal Plan (“SIP”) whenever the Agent certifies in writing that (i) a Subdivision is unusual for any reason, including its size, minimal impact on other property, or unique features or (ii) strict adherence to this Title would result in substantial injustice or hardship. SIP’s are not appropriate in every case, but the Agent shall make them available as liberally as circumstances warrant to further the Town’s policy set forth in paragraph (a) above.

Practice Note: Where appropriate, SIP's can be flexibile and swift. They are authorized by Va. Code §15.2-2242(1).

(c) Where a SIP is authorized under paragraph (b), the normal procedural requirements of this Title do not apply. Instead, the subdivider and the Agent shall work together jointly to develop a final plat satisfying the requirements of § 5-203 and a development agreement, suitable for recording, which establishes the Subdivider’s responsibilities with respect to the Subdivision. This paragraph (c), however, does not authorize the Agent to lessen any of the substantive requirements for the Subdivision.

(d) Where a SIP is authorized, the Agent may recommend substantive modifications to a Subdivider’s responsibilities, but no such modifications shall be effective except upon the approval of the Council, after receiving the Commission’s recommendation.

(e) Except as provided in paragraph (d) above, and notwithstanding the other provisions of this Title, the Agent is the final approving authority for a SIP (although the Town Attorney must approve the form of the development agreement). If the either Agent or the Subdivider believe collaborative process described in paragraph (c) is unlikely to produce an agreement, the Agent shall require that the standard subdivision provisions of this Title be followed.

Legislative Intent: The SIP program is intended to further the Town’s ability to be highly responsive to persons wishing to develop their property without jeopardizing the rights of the Town or the needs of its citizens. Unless the Town Council consents under paragraph (d), nothing in the SIP program changes any of the Town’s substantive requirements for developments. Instead, the SIP program will typically affect only the procedures which are followed. It is designed to save time by fostering discussion between developers and the town staff, in lieu of the formalistic traditional subdivision procedures. Further, in those traditional procedures, the Planning Commission acts in a strictly ministerial capacity, so transferring review to the staff simply transfers bureaucratic duties to the bureaucrats.

Practice Note: This space is reserved for a provision requiring subdividers to comply with—and pay into—regional infrastructure plans under §15.2-2243. Bridgewater is small and very well developed, so such regional plans are not a significant factor here.

§ 5-107. Building Permit Withheld. No building permit shall be issued for any structure or building to be located on any land which has been subdivided until a plat of such Subdivision shall have been recorded as provided in this Title.

§ 5-108. Proceeding to Restrain or Abate Violations. In case of any violation or attempted violation of the provisions of this Title, the Council or the Agent, in addition to other remedies, may institute any appropriate action or proceeding to prevent such violation, or attempted violation, to restrain, correct, or abate such violation, or attempted violation, or to prevent any act which would constitute such a violation.

§ 5-109. Administrative Procedures. In addition to the provisions of this title, the Agent may establish additional reasonable administrative procedures deemed necessary for the proper administration of this Title.

CHAPTER 2

PLATS

§ 5-201. Preliminary Plat. The first step in the approval of a Subdivision shall be the filing of a preliminary plat with the Agent. The preliminary plat consists of two parts, which may be filed simultaneously or sequentially. If filed sequentially, the initial determination of Part I shall be an informal “Likely to Pass” or “Likely to Fail.” Only when both parts have been filed will the Town take any formal action on the preliminary plat.

Practice Note: By breaking the preliminary plat into two sections and allowing sequential filings, the Town allows landowners to obtain a non-binding review of the development concept without spending a great deal of time or money.

(a) Part I. Planning Issues. Part I of the Preliminary Plat shall consist of the following:

(iii) Names and addresses of the owners of the property, including any existing mortgagees, and the designer of the layout;

(v) Existing and proposed streets, easements and other rights-of-way within and adjoining the Subdivision, including right-of-way and roadway widths, approximate grades, and proposed street names;

(vi) Location of existing and proposed utilities adjacent to the tract to be subdivided, including size and elevation;

(viii) Lot lines, lot and block numbers, and approximate bearings and distances;

(x) For Subdivisions greater than 50 lots or five acres, base flood elevation data.

Practice Note: See 44 CFR § 60.3(b)(3) regarding base flood elevation data.

(b) Part II. Site Plan. Part II of the Preliminary Plat is a site plan with detailed construction drawings which show the following information; all of which must comply with § 5-301 below.

(ii) Any plans required by for erosion and sedimentation control or stormwater management;

Practice Note: Currently, both E&S and stormwater control are managed by Rockingham County under agreement. Any plans required by the County are also required elements of the site plan.

(iii) Easements for required plans or facilities described in paragraphs (b)(i) or (b)(ii) above;

Part II of the preliminary plat must contain a certificate of a professional engineer that the improvements shown on the plat have been designed to fully meet the standards set by this Title, the regulations imposed herewith, and all other applicable law.

The filing fee for Part II of a preliminary plat shall be established by the Agent from time to time. For a corrected, second submission the filing fee shall be 120% of the original filing fee. For any subsequent submissions, the filing fee shall be 140% of the original filing fee.

(a) Subject to paragraphs and (b) and (c) below, the Agent shall act on any preliminary plat within 60 days after it has been submitted, in full. If the preliminary plat is rejected, specific reasons for the disapproval shall be contained either in a separate document or on the plat itself. The reasons for any disapproval shall identify deficiencies in the preliminary plat that caused the disapproval by reference to specific duly adopted ordinances, regulations, or policies and shall identify, to the greatest extent practicable, modifications or corrections that would permit approval of the plat.

(b) Where Part I of the preliminary plat is filed without Part II, there shall be no time limit for an informal decision on a submission.

(c) If approval of a feature or features of the plat or plan by a state agency or public authority authorized by state law is necessary, Agent shall forward the plat or plan to the appropriate state agency or agencies for review within 10 business days of receipt of such plat or plan. The referral to a state agency or agencies shall extend the Agent’s deadline to act as provided in Va. Code, § 15.2-2259.

§ 5-203. Final Plat.

Practice Note: The final plat is a simpler document than the preliminary plat. While the preliminary plat functions to demonstrate the lawfulness and engineering efficacy of the development, the final plat is less ambitious, having three simple goals. First, it provides for the transfer of real-property interests, authorizing the sale of lots to purchasers and effecting the transfer of dedicated rights to the Town. Second, it creates a permanent record of the Phase, to be filed with the Town and recorded in the Clerk's Office, thereby locking in the developer's obligations with respect to the Phase. Finally, it triggers a bonding requirement, at least for the Phase, as set out in § 5-401 below.

(a) A final plat for a Phase of the Subdivision shall be filed with the Agent within six months of the approval of the preliminary plat; if not, the preliminary plat shall be deemed abandoned, and the approval of the preliminary plat shall be void.

The final plat shall be prepared in all cases by a surveyor or professional civil engineer duly licensed by the Commonwealth of Virginia. The Subdivider shall submit to the Agent a reasonable number of copies, as required by the Agent, clearly and legibly drawn to scale and of a size compatible with size requirements of the Clerk's Office, for recordation purposes. When more than one sheet is necessary, an index sheet of the same size shall be required showing the entire Subdivision.

(b) With respect to the Phase in question, the final plat shall show:

(i) Bearings and distances to nearest existing street lines or other permanent monuments;

(ii) Exact boundary lines;

(iii) The name, total acreage, exact location, width and names of all streets and alleys within and immediately adjoining the Phase;

(iv) Streets and lines showing angles of deflection, angles of intersection, radii and lengths of tangents;

(v) Lot lines with dimensions to the nearest one-hundredth (0.01) foot and bearings to the nearest 10 seconds;

(vi) Numbered lots and blocks;

(vii) Location, dimensions, and purposes of any easements and any areas to be reserved or dedicated for public use. Easements shall be labeled specifically as to type, e.g., Bridgewater Standard Utility Easement" or "Easement for vehicular and pedestrian access to alley."

(viii) Accurate location and description of monuments and markers, and the type of material used for the monuments or markers.

(ix) The following certificate, in addition to any professional engineer's or land surveyor's certificate:

"The platting or dedication of the following described land (here insert a correct description of the land subdivided) is with the free consent and in accordance with the desire of the undersigned owners, proprietors, and trustees, if any."

This statement shall be signed by the necessary parties, including trustees, and acknowledged before a notary public or other officer authorized to take acknowledgements.

(x) Names and addresses of the owners of the subject property, including any existing mortgagees, and the designer of the Phase.

(xi) The place or places of record of the last instrument or instruments in the chain of title.

(c) The final Plat shall

(i) Comply with the Minimum Standards and Procedures for Land Boundary Surveying Practice and all other regulations adopted by the Board for Architects, Professional Engineers, Land Surveyors and Landscape Architects of the Commonwealth of Virginia.

(ii) Comply with the standards adopted under § 42.1 -82 of the Virginia Public Records Act.

(d) Other Requirements.

(i) The final plat shall be accompanied by the requisite filing fee, as established by the Agent from time to time. For a corrected, second submission the filing fee shall be 120% of the original filing fee. For any subsequent submissions, the filing fee shall be 140% of the original filing fee.

(ii) The submission of the final plat is not complete until the Subdivider tenders the bond and surety required by § 5-401(b) below.

Practice Note: The Agent is encouraged to begin review of the final plat even before the bond is tendered. Doing so lessens the chance that the Subdivider will arrange bonding for a plat which will not be approved.

(e) Substantial Compliance. In a particular case, the Agent may waive requirements of this section deemed to be non-substantive by the Town Attorney.

§ 5-204. Approval of Final Plat; Recordation.

(a) Approval. The Agent shall act on the final plat within 30 days after the submission is complete. It will be approved if it satisfies the criteria set out in § 5-203 and is consistent with the approved preliminary plat.

(b) Recordation. After approval, the Subdivider may record the plat in the Clerk's Office after satisfying § 5-401(b) below.

(c) Timing of Recordation. Subject to paragraphs (c)(1) and (c)(2) of below, the final plat must be recorded, if at all, within six months after approval.

(1) Incremental Recordation. If a Subdivider records a final Plat comprising a section of a Phase of a development and furnishes the bond and surety required by§ 5-401(b) for that Phase, the Subdivider shall have the right to record the remaining Phases of the development shown on the preliminary plat for a five years from the recordation date of the first Phase or for such longer period as the Agent may determine to be reasonable.

(2) Improvements Underway. In any case where construction of facilities to be dedicated for public use has commenced pursuant to an approved plan or permit (and with an approved bond and surety) the time for such plat recordation shall be extended to one year after final approval or the time limit specified in the surety agreement approved by the governing body, whichever is greater.

CHAPTER 3 DESIGN STANDARDS

§ 5-301. Reference Standards.

§ 5-302. Lots.

§ 5-303. Easements.

§ 5-304. Connection of Streets.

§ 5-301. Reference Standards. All improvements shall be designed and constructed in accord with the BURM in effect at the time of preliminary-plat submission.

§ 5-302. Lots.

(a) The dimensions, shapes, and other characteristics of lots created by a Subdivision or Alteration must comply with Title Six.

(b) If an Alteration or Subdivision would result in a lot impermissible under Title Six of the Town Code, the Alteration or Subdivision cannot be approved unless the Board of Zoning Appeals grants an exception after finding that

(i) Doing so would have no deleterious effect with respect to the purpose of this Title, as expressed in § 5-102 and

(ii) The need for the exception arises from unusual characteristics of the lot or surrounding development, as opposed to a mere commercial desire for greater development density.

(c) If the oral or written submissions indicate a proposed use for the property, the lots must be designed so that the proposed use could be conducted on them. If no use has been proposed, the lots must be designed so that some use, lawful in the zoning classification, could be conducted on them.

§ 5-303. Easements.

(a) Bridgewater Standard Utility Easements. B-SUE's labeled as such, at least ten feet wide, shall be centered on side or rear lot lines. B-SUE's may also be placed elsewhere in a Subdivision.

(b) Other Easements. Aside from such standard easements, other easements may be necessary or desirable.

Practice Note: Bridgewater Standard Utility easements should always be used where they will accommodate the need in question. They are much more future-proof than more specific easements.

(c) Protection of Stormwater Easements. Because landowners sometimes defeat municipal stormwater systems (or interfere with the Town's maintenance of them), the Agent may require a covenant appear on the final plat, providing as follows:

With respect to the easements shown on this plat designated for "stormwater" purposes, no lot owner shall interfere with the drainage system within that easement-by grading, filling, landscaping, or otherwise changing it-without the written permission of the Town of Bridgewater. The Town may enter the designated area for the purpose of inspecting, modifying, or repairing the stormwater system therein. If such repairs are necessitated because of lot-owner interference with the system, the Town shall be entitled to effect such repairs at the lot owner's expense. Further, the Town shall be entitled to its attorneys' fees in any judicial action to enforce this covenant. This covenant creates no obligation on the part of the Town.

The Agent will impose this requirement as a condition of approval of the preliminary plat, but only if he first finds that there is at least some risk that the stormwater system could be impaired by erosion, negligence, or lot-owner interference.

Practice Note: This "some-risk" standard is low and reflects the fact that, over time, people come to dislike ditches and similar facilities in their yards. The Agent will make the decision based on the nature of the facility, so an open ditch running the length of the property is very likely to satisfy the standard, while an inlet in one corner of the lot might not.

§ 5-304. Connection of Streets. Unless (i) it is deemed impracticable by the Agent or (ii) the Subdivider establishes (by clear and convincing evidence) unreasonable hardship,

(•) Streets or Paper Streets shall extend to the edge of the Subdivision and

(•) Any such Paper Street shall be in the form an easement of proper dimensions approved by the Agent, with the fee held by the Subdivider or future lot owner.

Such streets shall meet the Town's dimensional requirements and be in approved locations so that they may be connected to streets in present or future adjacent subdivisions.

CHAPTER 4 BONDING, IMPROVEMENTS, INSPECTION, ACCEPTANCE

§ 5-401. Construction of Improvements; Guaranty by Subdivider.

§ 5-402. Inspection & Acceptance.

§ 5-403. Release of Surety.

§ 5-401. Construction of Improvements; Guaranty by Subdivider.

(a) Basic Requirement. All Required Improvements shall be installed by the Subdivider at its cost. Unless the Agent determines otherwise when approving the preliminary plat, all Required Improvements for a Phase shall be completed within 24 months after recordation of the final plat, and all bonding instruments shall so require.

(b) Bonding. The approved final plat for a Phase may be recorded in the Clerk's Office if and only if

(i) The Required Improvements have been completed and accepted under § 5-402 or

(ii) The Subdivider provides a bond in the amount of "Estimate+10," meaning 110% of the cost of construction, as estimated by the Agent, secured as follows:

Practice Note: Subdividers are encouraged to submit cost estimates for Required Improvements, whether based on actual contracted costs or industry standards. Such submissions do not bind the Agent, but the Agent will give them due consideration.

(1) A cash escrow of the Estimate+10,

(2) A personal or corporate bond in the amount of the Estimate+10, with surety satisfactory to the Agent,

Legislative Intent: A "bond," of course, is just a promise, and the Subdivider will always issue his own bond. Generally, it will require surety, such as the bond of an insurance company or a pledge of property. In evaluating whether a surety is acceptable, the Agent shall be guided by its stability and creditworthiness, its value, and the ease of collection or enforcement.

(3) A contract for the completion of the Required Improvements, such contract itself being secured with surety satisfactory to the Agent, or

(4) A bank or savings institution's letter of credit in the amount of the Estimate+10.

§ 5-402. Inspection & Acceptance.

(a) Required Improvements are not deemed complete, nor shall the Town have any obligation to maintain them, until they are inspected and accepted, as provided in this section.

(b) When a Subdivider believes that any Required Improvements are finished, the subdivder shall provide written notice thereof to the Agent. The Agent shall then inspect the specified improvements for compliance with this Title, the BURM effective at the filing of the preliminary plat, and the preliminary plat itself. Within 30 days of receipt of the Subdivider's notice, (i) the Agent shall wholly or partially release the Subdivider's bond and surety as provided in § 5-403 below, (ii) provide a written notice identifying deficiencies in the construction and suggest corrective measures, or (iii) release as to some Required Improvements and note deficiencies as to others.

From time to time, the Agent shall set a reasonable fee for inspections conducted under this paragraph. If a Required Improvements fails an inspection, the Agent shall provide a written statement of required corrective measures, and the fee for a second inspection shall be 120% of the set fee. For third and subsequent inspections, the fee shall be 140% of the set fee.

(c) If allowed by the Agent, in the Agent's discretion, in lieu of the inspection described in paragraph (b) above, the Subdivider may submit a certificate of completion for the Required Improvements from a a duly licensed professional engineer or land surveyor, as defined in and limited to Va. Code § 54.1-400.

(d) After Required Improvements are certified as completed under paragraphs (b) or (c) above, they are, ipso facto, accepted, and surety can be released as provided in § 5-403 below, and title to the Required Improvements passes to the Town.

Practice Note: Va. Code, § 15.2-2245 establishes additional processes which come into play if this process breaks down.

§ 5-403. Release of Surety. When Required Improvements are accepted, the Agent shall release surety for the Phase, provided that if some Required Improvements remain unaccepted for the Phase, the Agent will release surety estimated to be equal to 90% of the cost of those accepted. The instrument of release shall be provided by the Subdivider, but it shall be in a form approved by the Agent.