Unless otherwise provided in this chapter, all plats submitted with applications shall meet the following specifications and contain the following information:
(A) All plats which are to be recorded shall be prepared by a professional engineer or a land surveyor to the limits of his or her license. However, nothing herein shall be deemed to prohibit the preparation of preliminary studies, plans or plats of a proposed subdivision by the owner of the land, city planners, land planners, architects, landscape architects or others having training or experience in subdivision planning or design.
(B) Each record plat shall meet the standard for plats set forth in any regulations of the Library of Virginia, pursuant to VA Code § 42.1-82 and shall:
(1) Be drawn to a scale that adequately and clearly depicts the contents required by § 156.071:
(2) Comply with the sheet size and inscription standards of Library of Virginia Standards for Plats, a current copy of which shall be on file in the Department of Planning and Zoning; and
(3) Shall be in a form acceptable for recordation by the Clerk of the Circuit Court of Northampton County.
(C) In accordance with Virginia Code § 15.2-2261:
(1) An approved final subdivision plat which has been recorded or an approved final site plan, hereinafter referred to as "recorded plat or final site plan," shall be valid for a period of not less than five years from the date of approval thereof or for such longer period as the Zoning Administrator, at the time of approval, determine to be reasonable, taking into consideration the size and phasing of the proposed development. A site plan shall be deemed final once it has been reviewed and approved by the locality if the only requirements remaining to be satisfied in order to obtain a building permit are the posting of any bonds and escrows or the submission of any other administrative documents, agreements, deposits, or fees required by Northampton County in order to obtain the permit. However, any fees that are customarily due and owing at the time of the agency review of the site plan shall be paid in a timely manner.
(2) (a) Upon application of the subdivider or developer filed prior to expiration of a recorded plat or final site plan, the Zoning Administrator may grant one or more extensions of such approval for additional periods as the Zoning Administrator may, at the time the extension is granted, determine to be reasonable, taking into consideration the size and phasing of the proposed development, the laws, ordinances and regulations in effect at the time of the request for an extension.
(b) If the Zoning Administrator denies an extension requested as provided herein and the subdivider or developer contends that such denial was not properly based on the ordinance applicable thereto, the foregoing considerations for granting an extension, or was arbitrary or capricious, he may appeal to the circuit court having jurisdiction of land subject to the recorded plat or final site plan, provided that such appeal is filed with the circuit court within 60 days of the written denial by the commission or other agency.
(3) For so long as the final site plan remains valid in accordance with the provisions of this section, or in the case of a recorded plat for five years after approval, no change or amendment to any local ordinance, map, resolution, rule, regulation, policy or plan adopted subsequent to the date of approval of the recorded plat or final site plan shall adversely affect the right of the subdivider or developer or his successor in interest to commence and complete an approved development in accordance with the lawful terms of the recorded plat or site plan unless the change or amendment is required to comply with state law or there has been a mistake, fraud or a change in circumstances substantially affecting the public health, safety or welfare.
(4) Application for minor modifications to recorded plats or final site plans made during the periods of validity of such plats or plans established in accordance with this section shall not constitute a waiver of the provisions hereof nor shall the approval of minor modifications extend the period of validity of such plats or plans.
(5) The provisions of this section shall be applicable to all recorded plats and final site plans valid on or after January 1, 1992. Nothing contained in this section shall be construed to affect (i) any litigation concerning the validity of a site plan pending prior to January 1, 1992, or any such litigation nonsuited and thereafter refilled; (ii) the authority of the Board of Supervisors to impose valid conditions upon approval of any special use permit, conditional use permit or special exception; (iii) the application to individual lots on recorded plats or parcels of land subject to final site plans, to the greatest extent possible, of the provisions of any local ordinance adopted pursuant to the Chesapeake Bay Preservation Act (§ 62.1-44.15:67 et seq.); or (iv) the application to individual lots on recorded plats or parcels of land subject to final site plans of the provisions of any local ordinance adopted to comply with the requirements of the federal Clean Water Act, Section 402 (p.) of the Storm Water Program and regulations promulgated thereunder by the Environmental Protection Agency.
(6) An approved final subdivision plat that has been recorded, from which any part of the property subdivided has been conveyed to third parties (other than to the developer or local jurisdiction), or a recorded plat dedicating real property to the local jurisdiction or public body that has been accepted by such grantee, shall remain valid for an indefinite period of time unless and until any portion of the property is subject to a vacation action as set forth in VA Code §§ 15.2-2270 through 15.2-2278.
(D) If the provisions of a recorded plat or final site plan, which was specifically determined by the Board of Supervisors and not its designee, to be in accordance with the conditional zoning conditions previously approved pursuant to VA Code §§ 15.2-2296 through 15.2-2303, or NCC 154.2-044, conflict with any underlying zoning conditions of such previous rezoning approval, the provisions of the recorded plat or final site plan shall control, and the zoning amendment notice requirements of VA Code § 15.2-2204 shall be deemed to have been satisfied.
(E) Any subdivision plat recorded prior to January 1, 1975, if otherwise valid, is hereby validated and declared effective even though the technical requirements for recordation existing at the time such plat was recorded were not complied with, in accordance with Virginia Code § 15.2-2266.
(Ord. passed 11-15-2006; Am. Ord. passed 11-10-2020; Am. Ord. passed 12-8-2020)