19850709 1985-22ORDINANCE NO. 1985-22
BE IT ORDAINED by the City Council of the City of Fairfax,
Virginia, that Section 21-4, Chapter 21, Subdivision of Land, of
the Code of the City of Fairfax, Virginia be and hereby is
amended to read in its entirety as follows:
"Sec. 21-4. Procedure Generally.
(a) Whenever any subdivision of land is proposed, and
before any permit shall be granted, the subdivider or his agent
shall apply in writing to the commission for approval of his
subdivision plat and submit therewith fifteen copies of a
preliminary plat conforming with section 21-5. The application
shall enumerate any requested variances from the provisions of
this chapter and shall state with specificity the justification
for each.
(b) After the preliminary plat has been officially submit-
ted to the office of the director for approval, the commission
shall hold a hearing for the consideration of the proposed
subdivision which hearing may be continued from time to time.
The commission shall either approve the proposed subdivision or
report in writing to the subdivider those changes or modifica-
itions which it may require in accordance with the standards and
provisions of this chapter within sixty days of the official
submission of the preliminary plat.
(c) The commission shall require a bond to insure installa-
tion of any street, curb, gutter, sidewalk, bicycle trail, drain-
age or sewage system, waterline as part of a public system or
other improvement to be dedicated for public use and other
required site-related improvements for vehicular ingress and
egress, for public access streets, for structures necessary to
insure the stability of critical slopes, and for storm water
management facilities. The bond shall be of a form and with
security as provided by Article XI of Chapter 2 of this Code.
The amount of the bond shall be determined by the director and
shall not exceed the total of the estimated cost of construction
based on unit prices for new public or private sector construc-
tion in the area and a reasonable allowance for estimated
administrative costs, inflation, and potential damage to existing
roads or utilities.
(d) After receiving commission approval of a preliminary
plat, the subdivider may proceed to prepare a final plat of
subdivision in accordance with Section 21-6 for approval by the
commission. Fifteen copies of the proposed final plat shall be
provided for review by the commission and staff. Upon a finding
by the commission that all of the requirements of this chapter
have been met, the commission shall approve the final plat to
which shall be affixed the signature of the chairman.
(e) If on the preliminary plat the subdivision is shown to
be divided into sections, the subdivider may seek commission
approval of a final plat which depicts one or more of the
sections; provided, however, that such section or sections,
considered independently, meets all of the requirements of this
chapter. The subdivider may seek commission approval of final
plats for the remaining sections shown on the preliminary plat
for a period of five years from the recordation date of the first
section, subject to the engineering and construction standards
and zoning requirements in effect at the time that the final plat
for each remaining section is submitted for approval.
(f) If the planning commission fails to approve the final
subdivision plat or to notify the subdivider in writing of
required changes or modifications of the preliminary plat within
sixty days of the date of the initial hearing, the subdivider may
1985-22
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appeal to the circuit court after ten days written notice to the
commission.
(g) The subdivider shall provide the director with nine
copies of the final plat as approved by the commission and signed
by the chairman. Unless the final plat shall have been recorded
in the office of the clerk of the circuit court of Fairfax County
within six months after its final approval by the commission,
said approval shall be deemed to have been withdrawn and no
subsequent recordation shall be valid or binding upon the city
without further approval by the commission.
(h) Before the final and complete discharge of the subdivi-
sion bond or other performance guarantee required by subsection
(c) above, the subdivider shall file a certified "as built"
subdivision plan depicting all physical improvements covered by
the subdivision bond or other performance guarantee. The "as
built" subdivision plan may be a copy of the original approved
construction plan of proposed improvements showing all signifi-
cant deviations from the approved construction by an easily
distinguishable means and shall be certified by an engineer,
architect or land surveyor licensed by the Commonwealth of
Virginia.
(i) Upon written request by the subdivider, periodic par-
tial releases of the bond or other performance guarantee shall be
approved by the director up to a cumulative amount of no more
than eighty percent of the original amount. Periodic partial
releases shall not be granted before the completion of at least
thirty percent of the facilities covered by the bond or other
performance guarantee or after completion of more than eighty
percent of the facilities. No more than three periodic partial
releases shall be granted in any twelve-month period.
(j) Upon the final approval of the "as built" subdivision
plan and as a condition to the discharge of the subdivision bond,
the owner or developer may be required to provide a two-year
warranty bond with surety equal to ten percent of the original
subdivision bond and in a form conforming to Article XI of
Chapter 2 of this Code."
This ordinance shall
execution by the Mayor.
take effect on
immediately upon
PUBLIC HEARING BEFORE
PLANNING COMMISSION:
June 24~ 1985
INTRODUCED:
June 25~ 1985
PUBLIC HEARING BEFORE
CITY COUNCIL: ___~3uly 9, 1985
ADOPTED:
July 9, 1985
ATTEST:
erk
C5