Chapter 148 SUBDIVISION AND LAND DEVELOPMENT. (updated 7-28-08)

Section 148-14 PRELIMINARY PLAT.

A.  Application procedures:

1. An applicant for subdivision shall submit preliminary plats, accompanied by an application form, to the    Director of Planning in numbers determined sufficient for distribution to and review by the appropriate town departments, any necessary state agencies and the Planning Commission. Such plats shall be submitted thirty (30) days prior to the Planning Commission meeting at which the application is to be first considered.

2.  The application shall be accompanied by a nonrefundable filing fee in the amount set in a schedule of fees adopted by resolution of the Town Council.

3.  In the event that special permit approval is required for the subdivision or any features therein, a special permit application shall be made in conjunction with the preliminary application.

B.   Preliminary plat review procedures.

1.  The application shall be reviewed for completeness and,    if found to be complete, shall be accepted as an official submission for review by the Town.  The date of  acceptance of the plat by the town shall be noted on the application.

2. Copies shall be forwarded to the appropriate town officials, including, but not limited to the Director of Public Works Director of Public Utilities, Director of Electrical Services, Director of Emergency Services and the Zoning Administrator, for review. Where approval of a feature or features of the preliminary plat by a state agency is necessary, copies shall be forwarded to the appropriate state agencies.  The advice of other officials or consultants may be sought in reviewing the preliminary plat.

3. The Director of Planning shall report, in writing, on any  corrections or additions deemed necessary after review to  the Planning Commission and the applicant prior to the Commission's consideration of the application.

4. The preliminary plat review shall ensure that the plat is in conformance with the requirements and standards of this chapter, that the streets in the proposed subdivision are designed to be in conformity with the  existing street system and that no harmful effects are created for present and future residents of the town.  The policies of the Town Comprehensive Plan and the requirements and recommendations of the standards and ordinances of the town shall be considered in the review of all subdivision plans.

C.   Preliminary plat approval procedures.

1.  The Planning Commission shall act to approve, conditionally approve or disapprove the application and preliminary plat within sixty (60) days from the date of official submission. In the event of review by state agencies, the Planning Commission shall act on the application and preliminary plat within forty-five (45) days from receipt of approvals from all necessary state agencies.  These time limits may be extended on request or consent of the applicant, in writing.

2. The Director of Planning shall communicate the decision of the Planning Commission to the applicant, in writing.  If the plat is disapproved, the reasons for disapproval shall be specifically enumerated and the modifications or corrections necessary to permit approval shall be identified.

3.  If the Planning Commission requires changes to the preliminary plat, provided that such changes are made to the satisfaction of the Planning Commission and provided that the resubmission has occurred no less than seven (7) days prior to meeting, the Planning Commission shall approve or disapprove the plat at its next regularly scheduled meeting.

4. Approval of a preliminary plat does not constitute acceptance of a subdivision for recording and does not constitute a guaranty of approval of the final plat.  Approval of a preliminary plat is only an expression of apparent favor of the general plan to be used in preparation of the final subdivision plat.

5. When a preliminary plat has been approved or approved subject to any conditions, no subsequent changes or amendments in the Town Zoning Ordinance or Subdivision Ordinance shall be applied to adversely affect the right of the applicant to commence and to complete final subdivision approval.  If such chapter is amended after preliminary approval of such plat, the plat will be rendered nonconforming and will be subject to all requirements placed on such nonconformities.

6. Preliminary plat approval does not authorize the construction of improvements within the subdivision.

D.   Preliminary plat submission requirements.

1. The preliminary plat shall be prepared at a scale of between one (1) inch equals ten (10) feet and one (1) inch equals one hundred (100) feet and may be prepared in either pen or pencil, and the sheets shall be numbered in sequence, but in no instance shall a sheet be less than eighteen by twenty-four (18 x 24) inches.

2.  Every plat intended for recording shall be prepared by a  surveyor or engineer duly licensed by the Commonwealth of  Virginia, who shall endorse upon each plat a certificate signed by him setting forth the source of the title of the land subdivided and the place of record of the last  instrument in the chain of title.  When the plat is of land acquired from more than one (1) source of title, the outlines of the several tracts shall be indicated upon such plat within an inset block or by means of a dotted boundary line upon the plat.

3. Every such plat or deed of dedication to which the plat is attached shall contain, in addition to the professional engineer's or land surveyor's certificate, a statement as follows: "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." The statement shall be signed, in the final plat, by such persons and duly acknowledged before some officer authorized to take acknowledgement of deeds.

4. The preliminary plat shall show the following information in accordance with the standards in Article V when applicable:

a. The date, including the month, day and year, that the original drawings were completed and the month, day and year that the original drawing was revised, for each revision.

b. A North point, scale (written and graphic) and the name of the subdivision.

c. The name, address and telephone number of the recorded owner and the applicant (to be supplied on the application form).

d. The name and address of the registered engineer or surveyor responsible for the subdivision plat, surveys and design of improvements (to be supplied on the plat and application form).

e. The names of all owners of all land next to each boundary of the land being subdivided and the names of all subdivisions, if any, next to the project being considered, with the book and page number where each is recorded.

f. A vicinity map for the purpose of locating the property being subdivided drawn at a scale of between one (1) inch equals two hundred fifty (250) feet and one (1) inch equals two thousand (2,000) feet and showing the relation of the property, set apart by tone or pattern, to adjoining property and to all streets and municipal boundaries within one thousand (1,000) feet of each subdivision boundary, giving the names of each such street.

g. Total tract boundaries (with dimensions) of the property being subdivided, showing bearings and a statement of total acreage of the property.

h. Zoning data, including all of the following which are applicable:

[1]    Existing town zoning districts designations and any zoning district boundary lines going through or touching the boundary of the proposed subdivision.

    [2]   Any changes in the existing zoning to be requested by the applicant.

i. Contour lines at vertical intervals of not greater than five (5) feet.  Location and elevation of the data to which contour elevations refer shall be the closest USCGS established bench mark or an established bench mark approved by the town.

j. All water, sewer lines, and storm sewer lines, including the invert elevations of proposed and existing sewer and storm sewer lines, fire hydrants, utility transmission lines, culverts, bridges, railroads,  watercourses, wetlands, floodplains and other  significant man-made or natural features within the proposed subdivision.

(Ord. No. 5-04 Amended 1-26-04-Effective Upon Passage)

k. All existing streets, including streets of record, easements and rights-of-way, including names, right-of-way widths, pavement widths and approximate grades and construction easements for sloping of banks of such streets or rights-of-way on or abutting the tract.

l. Existing covenants on the property, if any.

m. The location of any grave, object or structure marking any place of burial on the site.

n. Sources and dates for all boundary information, topography and natural features.

o.  Tabulation of the number of lots; range of sizes and width of lots; approximate total area in streets,  lots and open space; the number of units by type when mixtures are proposed; and the number and size of off-street parking spaces required and provided.

p. Proposed phasing or sectioning of the subdivision.

q. Calculations for meeting the water requirements of the proposed development, including fire flows and water pressure.  The standards of the American Water Works Association shall be used.

r. The full plan of proposed development, including:

[1] Locations, widths and names of all streets, easements and rights-of-way, with a statement of any conditions governing their use and a functional classification of each with dimensions.

                [2] Setback lines along each street in accordance with the town's Zoning Ordinance.

                [3] Lot lines with dimensions.

 [4] Lot numbers and a statement of the number of lots and parcels.  All lots within each block shall be numbered consecutively.

                [5] A statement of the intended uses of all nonresidential lots and parcels.

[6]  Locations of water supply, sanitary and/or storm sewers, including the invert elevations of proposed and existing sewer and storm sewer lines, and other drainage facilities,  with the size and material of each indicated,  and any proposed connections with existing facilities.

(Ord. No. 5-04 Amended 1-26-04-Effective Upon Passage)

[7] Areas proposed to be dedicated or reserved for public use, with any conditions governing such use, dedication or reservation.

[8] Blocks consecutively numbered or lettered in alphabetical order.  The blocks in numbered additions to subdivisions bearing the same name shall be numbered or lettered consecutively throughout the several additions.

[9] The one-hundred-year floodplain line, according to the Flood Insurance Study and Flood Insurance Rate Map (FIRM) for the Town of Front Royal, prepared by the Federal Emergency Management Agency, dated July 15, 1988.

               [10] Municipal boundaries which cut through the subdivision.

[11] A conceptual plan for stormwater management and surface drainage, and preliminary runoff calculations.

               [12] The location of all proposed monuments.

5. The preliminary plat shall be accompanied by the following supplemental data and environmental protection analyses, where determined to be necessary for the review of the preliminary plat:

a. Cross-section drawings(s) for all proposed streets and one hundred fifty (150) feet into adjoining property for streets terminating at a property line.

b.  A detailed traffic impact analysis study showing the expected average daily traffic movements over any and all planned streets (whether new or existing) within the subdivision, including motor vehicle traffic generated by the lots within the subdivision. If new subdivision streets are proposed that shall provide interparcel access or that shall serve fifty (50) or more new lots, the traffic impact analysis shall include vehicle traffic generated by the lots within the subdivision and expected to be generated in the future from the development of any and all adjacent properties to which and from which additional street connections are reasonably projected to be made and to which and from which additional traffic is reasonably expected to be generated. The study shall also include an analysis of the impact of the projected traffic on the adjacent local and arterial network, an assessment of the capacity of nearby intersections and appropriate solutions for improvements to the network (based on identified traffic problems) in accordance with ITE standards for acceptable street and intersection service levels.

(Ord. No. 20-05 Amended (b) 9-12-05-Effective Upon Passage)

          c. Grading, landscaping and vegetative stabilization plans for steep slope lots.

d. Preliminary designs of any bridges or culverts which may be required.  Such designs shall meet all applicable requirements of appropriate state and local agencies and shall be submitted to such agencies by the applicant.