Code of Virginia
Chapter 22 - Planning, Subdivision of Land and Zoning
§ 15.2-2242. Optional provisions of a subdivision ordinance

A subdivision ordinance may include:
1. Provisions for variations in or exceptions to the general regulations of the subdivision ordinance in cases of unusual situations or when strict adherence to the general regulations would result in substantial injustice or hardship.
2. A requirement (i) for the furnishing of a preliminary opinion from the applicable health official regarding the suitability of a subdivision for installation of subsurface sewage disposal systems where such method of sewage disposal is to be utilized in the development of a subdivision and (ii) that all buildings constructed on lots resulting from subdivision of a larger tract that abuts or adjoins a public water or sewer system or main shall be connected to that public water or sewer system or main subject to the provisions of § 15.2-2121.
3. A requirement that, in the event streets in a subdivision will not be constructed to meet the standards necessary for inclusion in the secondary system of state highways or for state street maintenance moneys paid to municipalities, the subdivision plat and all approved deeds of subdivision, or similar instruments, must contain a statement advising that the streets in the subdivision do not meet state standards and will not be maintained by the Department of Transportation or the localities enacting the ordinances. Grantors of any subdivision lots to which such statement applies must include the statement on each deed of conveyance thereof. However, localities in their ordinances may establish minimum standards for construction of streets that will not be built to state standards.
For streets constructed or to be constructed, as provided for in this subsection, a subdivision ordinance may require that the same procedure be followed as that set forth in provision 5 of § 15.2-2241. Further, the subdivision ordinance may provide that the developer's financial commitment shall continue until such time as the local government releases such financial commitment in accordance with provision 11 of § 15.2-2241.
4. Reasonable provision for the voluntary funding of off-site road improvements and reimbursements of advances by the governing body. If a subdivider or developer makes an advance of payments for or construction of reasonable and necessary road improvements located outside the property limits of the land owned or controlled by him, the need for which is substantially generated and reasonably required by the construction or improvement of his subdivision or development, and such advance is accepted, the governing body may agree to reimburse the subdivider or developer from such funds as the governing body may make available for such purpose from time to time for the cost of such advance together with interest, which shall be excludable from gross income for federal income tax purposes, at a rate equal to the rate of interest on bonds most recently issued by the governing body on the following terms and conditions:
a. The governing body shall determine or confirm that the road improvements were substantially generated and reasonably required by the construction or improvement of the subdivision or development and shall determine or confirm the cost thereof, on the basis of a study or studies conducted by qualified traffic engineers and approved and accepted by the subdivider or developer.
b. The governing body shall prepare, or cause to be prepared, a report accepted and approved by the subdivider or developer, indicating the governmental services required to be furnished to the subdivision or development and an estimate of the annual cost thereof for the period during which the reimbursement is to be made to the subdivider or developer.
c. The governing body may make annual reimbursements to the subdivider or developer from funds made available for such purpose from time to time, including but not limited to real estate taxes assessed and collected against the land and improvements on the property included in the subdivision or development in amounts equal to the amount by which such real estate taxes exceed the annual cost of providing reasonable and necessary governmental services to such subdivision or development.
5. In Arlington County, Fairfax County, Loudoun County, and Prince William County, in any town located within such counties, in Bedford County, Pittsylvania County, Spotsylvania County, and Stafford County, or in the Cities of Alexandria, Chesapeake, Fairfax, Falls Church, Hampton, Manassas, Manassas Park, and Portsmouth, provisions for payment by a subdivider or developer of land of a pro rata share of the cost of reasonable and necessary road improvements, located outside the property limits of the land owned or controlled by him but serving an area having related traffic needs to which his subdivision or development will contribute, to reimburse an initial subdivider or developer who has advanced such costs or constructed such road improvements. Such ordinance may apply to road improvements constructed after July 1, 1988, in Fairfax County; in Arlington County, Loudoun County, and Prince William County, in any town located within such counties, in Bedford County, Pittsylvania County, Spotsylvania County, and Stafford County, or in the Cities of Alexandria, Chesapeake, Fairfax, Falls Church, Hampton, Manassas, Manassas Park, and Portsmouth, such ordinance may only apply to road improvements constructed after the effective date of such ordinance.
Such provisions shall provide for the adoption of a pro rata reimbursement plan which shall include reasonable standards to identify the area having related traffic needs, to determine the total estimated or actual cost of road improvements required to adequately serve the area when fully developed in accordance with the comprehensive plan or as required by proffered conditions, and to determine the proportionate share of such costs to be reimbursed by each subsequent subdivider or developer within the area, with interest (i) at the legal rate or (ii) at an inflation rate prescribed by a generally accepted index of road construction costs, whichever is less.
For any subdivision ordinance adopted pursuant to provision 5 of this section after February 1, 1993, no such payment shall be assessed or imposed upon a subsequent developer or subdivider if (i) prior to the adoption of a pro rata reimbursement plan the subsequent subdivider or developer has proffered conditions pursuant to § 15.2-2303 for offsite road improvements and such proffered conditions have been accepted by the locality, (ii) the locality has assessed or imposed an impact fee on the subsequent development or subdivision pursuant to Article 8 (§ 15.2-2317 et seq.) of Chapter 22, or (iii) the subsequent subdivider or developer has received final site plan, subdivision plan, or plan of development approval from the locality prior to the adoption of a pro rata reimbursement plan for the area having related traffic needs.
The amount of the costs to be reimbursed by a subsequent developer or subdivider shall be determined before or at the time the site plan or subdivision is approved. The ordinance shall specify that such costs are to be collected at the time of the issuance of a temporary or final certificate of occupancy or functional use and occupancy within the development, whichever shall come first. The ordinance also may provide that the required reimbursement may be paid (i) in lump sum, (ii) by agreement of the parties on installment at a reasonable rate of interest or rate of inflation, whichever is less, for a fixed number of years, or (iii) on such terms as otherwise agreed to by the initial and subsequent subdividers and developers.
Such ordinance provisions may provide that no certificate of occupancy shall be issued to a subsequent developer or subdivider until (i) the initial developer certifies to the locality that the subsequent developer has made the required reimbursement directly to him as provided above or (ii) the subsequent developer has deposited the reimbursement amount with the locality for transfer forthwith to the initial developer.
6. Provisions for establishing and maintaining access to solar energy to encourage the use of solar heating and cooling devices in new subdivisions. The provisions shall be applicable to a new subdivision only when so requested by the subdivider.
7. Provisions, in any town with a population between 14,500 and 15,000, granting authority to the governing body, in its discretion, to use funds escrowed pursuant to provision 5 of § 15.2-2241 for improvements similar to but other than those for which the funds were escrowed, if the governing body (i) obtains the written consent of the owner or developer who submitted the escrowed funds; (ii) finds that the facilities for which funds are escrowed are not immediately required; (iii) releases the owner or developer from liability for the construction or for the future cost of constructing those improvements for which the funds were escrowed; and (iv) accepts liability for future construction of these improvements. If such town fails to locate such owner or developer after making a reasonable attempt to do so, the town may proceed as if such consent had been granted. In addition, the escrowed funds to be used for such other improvement may only come from an escrow that does not exceed a principal amount of $30,000 plus any accrued interest and shall have been escrowed for at least five years.
8. Provisions for clustering of single-family dwellings and preservation of open space developments, which provisions shall comply with the requirements and procedures set forth in § 15.2-2286.1.
9. Provisions requiring that where a lot being subdivided or developed fronts on an existing street, and adjacent property on either side has an existing sidewalk or when the provision of a sidewalk, the need for which is substantially generated and reasonably required by the proposed development, is in accordance with the locality's adopted comprehensive plan, a locality may require the dedication of land for, and construction of, a sidewalk on the property being subdivided or developed. Nothing in this paragraph shall alter in any way any authority of localities or the Department of Transportation to require sidewalks on any newly constructed street or highway.
10. Provisions for requiring and considering Phase I environmental site assessments based on the anticipated use of the property proposed for the subdivision or development that meet generally accepted national standards for such assessments, such as those developed by the American Society for Testing and Materials, and Phase II environmental site assessments, that also meet accepted national standards, such as, but not limited to, those developed by the American Society for Testing and Materials, if the locality deems such to be reasonably necessary, based on findings in the Phase I assessment, and in accordance with regulations of the United States Environmental Protection Agency and the American Society for Testing and Materials. A reasonable fee may be charged for the review of such environmental assessments. Such fees shall not exceed an amount commensurate with the services rendered, taking into consideration the time, skill, and administrative expense involved in such review.
11. Provisions for requiring disclosure and remediation of contamination and other adverse environmental conditions of the property prior to approval of subdivision and development plans.
12. Provisions, in any town located in the Northern Virginia Transportation District, granting authority to the governing body to require the dedication of land for sidewalk, curb, and gutter improvements on the property being subdivided or developed if the property is designated for such improvements on the locality's adopted pedestrian plan.
Code 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, c. 587; 2000, cc. 652, 711; 2002, c. 703; 2005, c. 567; 2006, cc. 421, 514, 533, 903; 2007, c. 813; 2014, c. 619; 2018, c. 550; 2019, cc. 461, 462.

Structure Code of Virginia

Code of Virginia

Title 15.2 - Counties, Cities and Towns

Chapter 22 - Planning, Subdivision of Land and Zoning

§ 15.2-2200. Declaration of legislative intent

§ 15.2-2201. Definitions

§ 15.2-2202. Duties of state agencies; electric utilities

§ 15.2-2203. Existing planning commissions and boards of zoning appeals; validation of plans previously adopted

§ 15.2-2204. Advertisement of plans, ordinances, etc.; joint public hearings; written notice of certain amendments

§ 15.2-2205. Additional notice of planning or zoning matters

§ 15.2-2206. When locality may require applicant to give notice; how given

§ 15.2-2207. Public notice of juvenile residential care facilities in certain localities

§ 15.2-2208. Restraining violations of chapter

§ 15.2-2208.1. Damages for unconstitutional grant or denial by locality of certain permits and approvals

§ 15.2-2209. Civil penalties for violations of zoning ordinance

§ 15.2-2209.1. Extension of approvals to address housing crisis

§ 15.2-2209.1:1. Extension of approvals to address the COVID-19 pandemic

§ 15.2-2209.2. Public infrastructure maintenance bonds

§ 15.2-2210. Creation of local planning commissions; participation in planning district commissions or joint local commissions

§ 15.2-2211. Cooperation of local planning commissions and other agencies

§ 15.2-2212. Qualifications, appointment, removal, terms and compensation of members of local planning commissions

§ 15.2-2213. Advisory members

§ 15.2-2214. Meetings

§ 15.2-2215. Quorum majority vote

§ 15.2-2216. Facilities for holding of meetings and preservation of documents; appropriations for expenses

§ 15.2-2217. Officers, employees and consultants; expenditures; rules and records; special surveys

§ 15.2-2218. County planning commission serving as commission of town

§ 15.2-2219. Joint local planning commissions

§ 15.2-2220. Duplicate planning commission authorized for certain local governments

§ 15.2-2221. Duties of commissions

§ 15.2-2222. Expenditures; gifts and donations

§ 15.2-2222.1. Coordination of state and local transportation planning

§ 15.2-2223. Comprehensive plan to be prepared and adopted; scope and purpose

§ 15.2-2223.1. Comprehensive plan to include urban development areas

§ 15.2-2223.2. Comprehensive plan to include coastal resource management guidance

§ 15.2-2223.3. Comprehensive plan shall incorporate strategies to combat projected sea-level rise and recurrent flooding

§ 15.2-2223.4. Comprehensive plan shall provide for transit-oriented development

§ 15.2-2223.5. Comprehensive plan shall address manufactured housing

§ 15.2-2224. Surveys and studies to be made in preparation of plan; implementation of plan

§ 15.2-2225. Notice and hearing on plan; recommendation by local planning commission to governing body; posting of plan on website

§ 15.2-2226. Adoption or disapproval of plan by governing body

§ 15.2-2227. Return of plan to local planning commission; resubmission

§ 15.2-2228. Adoption of parts of plan

§ 15.2-2229. Amendments

§ 15.2-2230. Plan to be reviewed at least once every five years

§ 15.2-2230.1. Public facilities study

§ 15.2-2231. Inclusion of incorporated towns in county plan; inclusion of adjacent unincorporated territory in municipal plan

§ 15.2-2232. Legal status of plan

§ 15.2-2233. Maps to be prepared in localities; what map shall show

§ 15.2-2234. Adoption; filing in office of clerk of court

§ 15.2-2235. Additions and modifications

§ 15.2-2236. Periodic review and readoption

§ 15.2-2237. Consultation with Commonwealth Transportation Board; copies of map and ordinance to be sent to Commonwealth Transportation Board

§ 15.2-2238. Authority of counties under Article 2 (§ 33.2-705 et seq.) of Chapter 7 not affected

§ 15.2-2239. Local planning commissions to prepare and submit annually capital improvement programs to governing body or official charged with preparation of budget

§ 15.2-2240. Localities to adopt ordinances regulating subdivision and development of land

§ 15.2-2241. Mandatory provisions of a subdivision ordinance

§ 15.2-2241.1. Bonding requirements for the acceptance of dedication for public use of certain facilities

§ 15.2-2241.2. Bonding provisions for decommissioning of solar energy equipment, facilities, or devices

§ 15.2-2242. Optional provisions of a subdivision ordinance

§ 15.2-2243. Payment by subdivider of the pro rata share of the cost of certain facilities

§ 15.2-2243.1. Payment by developer or subdivider

§ 15.2-2244. Provisions for subdivision of a lot for conveyance to a family member

§ 15.2-2244.1. Additional method for subdivision of a lot for conveyance to a family member

§ 15.2-2244.2. Subdivision of a lot of property held in trust for a family member

§ 15.2-2245. Provisions for periodic partial and final release of certain performance guarantees

§ 15.2-2245.1. Stormwater management ponds; removal of trees

§ 15.2-2246. Site plans submitted in accordance with zoning ordinance

§ 15.2-2247. Applicability of subdivision ordinance to manufactured homes

§ 15.2-2248. Application of certain municipal subdivision regulations beyond corporate limits of municipality

§ 15.2-2249. Application of county subdivision regulations in area subject to municipal jurisdiction

§ 15.2-2250. Disagreement between county and municipality as to regulations

§ 15.2-2251. Local planning commission shall prepare and recommend ordinance; notice and hearing on ordinance

§ 15.2-2252. Filing and recording of ordinance and amendments thereto

§ 15.2-2253. Preparation and adoption of amendments to ordinance

§ 15.2-2254. Statutory provisions effective after ordinance adopted

§ 15.2-2255. Administration and enforcement of regulations

§ 15.2-2256. Procedure to account for fees for common improvements

§ 15.2-2257. Procedure to modify certain covenants in Shenandoah County

§ 15.2-2258. Plat of proposed subdivision and site plans to be submitted for approval

§ 15.2-2259. Local planning commission to act on proposed plat

§ 15.2-2260. Localities may provide for submission of preliminary subdivision plats; how long valid

§ 15.2-2261. Recorded plats or final site plans to be valid for not less than five years

§ 15.2-2261.1. Recorded plat or final site plans; conflicting zoning conditions

§ 15.2-2262. Requisites of plat

§ 15.2-2263. Expedited land development review procedure

§ 15.2-2264. Statement of consent to subdivision; execution; acknowledgment and recordation; notice to commissioner of the revenue or board of real estate assessors

§ 15.2-2265. Recordation of approved plat as transfer of streets, termination of easements and rights-of-way, etc.

§ 15.2-2266. Validation of certain plats recorded before January 1, 1975

§ 15.2-2267. Petition to restrict access to certain public streets

§ 15.2-2268. Localities not obligated to pay for grading, paving, etc.

§ 15.2-2269. Plans and specifications for utility fixtures and systems to be submitted for approval

§ 15.2-2270. Vacation of interests granted to a locality as a condition of site plan approval

§ 15.2-2271. Vacation of plat before sale of lot therein; ordinance of vacation

§ 15.2-2272. Vacation of plat after sale of lot

§ 15.2-2273. Fee for processing application under § 15.2-2271 or § 15.2-2272

§ 15.2-2274. Effect of vacation under § 15.2-2272

§ 15.2-2275. Relocation or vacation of boundary lines

§ 15.2-2276. Duty of clerk when plat vacated

§ 15.2-2277. Franklin County may require that notice be given to deed grantees of certain disclaimers regarding responsibility for roads; county eligible to have certain streets taken into secondary system

§ 15.2-2278. Vacating plat of subdivision

§ 15.2-2279. Ordinances regulating the building of houses and establishing setback lines

§ 15.2-2280. Zoning ordinances generally

§ 15.2-2281. Jurisdiction of localities

§ 15.2-2282. Regulations to be uniform

§ 15.2-2283. Purpose of zoning ordinances

§ 15.2-2283.1. Prohibition of sexual offender treatment office in residentially zoned subdivision

§ 15.2-2284. Matters to be considered in drawing and applying zoning ordinances and districts

§ 15.2-2285. Preparation and adoption of zoning ordinance and map and amendments thereto; appeal

§ 15.2-2286. Permitted provisions in zoning ordinances; amendments; applicant to pay delinquent taxes; penalties

§ 15.2-2286.1. Provisions for clustering of single-family dwellings so as to preserve open space

§ 15.2-2287. Localities may require oath regarding property interest of local officials

§ 15.2-2287.1. Disclosures in land use proceedings

§ 15.2-2288. Localities may not require a special use permit for certain agricultural activities

§ 15.2-2288.01. Localities shall not require a special use permit for certain small-scale conversion of biomass to alternative fuel

§ 15.2-2288.1. Localities may not require a special use permit for certain residential uses

§ 15.2-2288.2. Localities may not require special use permit for certain temporary structures

§ 15.2-2288.3. Licensed farm wineries; local regulation of certain activities

§ 15.2-2288.3:1. Limited brewery license; local regulation of certain activities

§ 15.2-2288.3:2. Limited distiller's license; local regulation of certain activities

§ 15.2-2288.4. Extension of expiration dates for special use permits

§ 15.2-2288.5. Meaning of "cemetery" for purposes of zoning

§ 15.2-2288.6. Agricultural operations; local regulation of certain activities

§ 15.2-2288.7. Local regulation of solar facilities

§ 15.2-2288.8. Special exceptions for solar photovoltaic projects

§ 15.2-2289. Localities may provide by ordinance for disclosure of real parties in interest

§ 15.2-2290. Uniform regulations for manufactured housing

§ 15.2-2291. Assisted living facilities and group homes of eight or fewer; single-family residence

§ 15.2-2292. Zoning provisions for family day homes

§ 15.2-2292.1. Zoning provisions for temporary family health care structures

§ 15.2-2293. Airspace subject to zoning ordinances

§ 15.2-2293.1. Placement of amateur radio antennas

§ 15.2-2293.2. Regulation of helicopter use

§ 15.2-2294. Airport safety zoning

§ 15.2-2295. Aircraft noise attenuation features in buildings and structures within airport noise zones

§ 15.2-2295.1. Regulation of mountain ridge construction

§ 15.2-2295.2. Dam break inundation zones

§ 15.2-2296. Conditional zoning; declaration of legislative policy and findings; purpose

§ 15.2-2297. Same; conditions as part of a rezoning or amendment to zoning map

§ 15.2-2298. Same; additional conditions as a part of rezoning or zoning map amendment in certain high-growth localities

§ 15.2-2299. Same; enforcement and guarantees

§ 15.2-2300. Same; records

§ 15.2-2301. Same; petition for review of decision

§ 15.2-2302. Same; amendments and variations of conditions

§ 15.2-2303. Conditional zoning in certain localities

§ 15.2-2303.1. Development agreements in certain counties

§ 15.2-2303.1:1. When certain cash proffers collected or accepted

§ 15.2-2303.2. Proffered cash payments and expenditures

§ 15.2-2303.3. Cash proffers requested or accepted by a locality

§ 15.2-2303.4. Provisions applicable to certain conditional rezoning proffers

§ 15.2-2304. Affordable dwelling unit ordinances in certain localities

§ 15.2-2305. Affordable dwelling unit ordinances

§ 15.2-2305.1. Affordable housing dwelling unit ordinances

§ 15.2-2306. Preservation of historical sites and architectural areas

§ 15.2-2306.1. Creation of working waterfront development areas

§ 15.2-2307. Vested rights not impaired; nonconforming uses

§ 15.2-2307.1. Protection of established commercial fishing operations

§ 15.2-2308. Boards of zoning appeals to be created; membership, organization, etc.

§ 15.2-2308.1. Boards of zoning appeals, ex parte communications, proceedings

§ 15.2-2309. Powers and duties of boards of zoning appeals

§ 15.2-2310. Applications for special exceptions and variances

§ 15.2-2311. Appeals to board

§ 15.2-2312. Procedure on appeal

§ 15.2-2313. Proceedings to prevent construction of building in violation of zoning ordinance

§ 15.2-2314. Certiorari to review decision of board

§ 15.2-2315. Conflict with statutes, local ordinances or regulations

§ 15.2-2316. Validation of zoning ordinances prior to 1971

§ 15.2-2316.1. Definitions

§ 15.2-2316.2. Localities may provide for transfer of development rights

§ 15.2-2316.3. Definitions

§ 15.2-2316.4. Zoning; small cell facilities

§ 15.2-2316.4:1. Zoning; other wireless facilities and wireless support structures

§ 15.2-2316.4:2. Application reviews

§ 15.2-2316.4:3. Additional provisions

§ 15.2-2316.5. Moratorium prohibited

§ 15.2-2316.6. Definitions

§ 15.2-2316.7. Negotiations; siting agreement

§ 15.2-2316.8. Powers of host localities

§ 15.2-2316.9. Effect of executed siting agreement; land use approval

§ 15.2-2317. Applicability of article

§ 15.2-2318. Definitions

§ 15.2-2319. Authority to assess and impose impact fees

§ 15.2-2320. Impact fee service areas to be established

§ 15.2-2321. Adoption of road improvements program

§ 15.2-2322. Adoption of impact fee and schedule

§ 15.2-2323. When impact fees assessed and imposed

§ 15.2-2324. Credits against impact fee

§ 15.2-2325. Updating plan and amending impact fee

§ 15.2-2326. Use of proceeds

§ 15.2-2327. Refund of impact fees

§ 15.2-2328. Applicability of article

§ 15.2-2329. Imposition of impact fees