Sec. 5-01. - General requirements.

Whenever any subdivision of land is proposed, the subdivider or his agent shall apply in writing to the director of engineering for the approval of the preliminary development plan, development plans and final subdivision plat. Approval of these plans by the director of engineering and the recording of the subdivision plat shall be prerequisite to the granting of any building permit for the erection of a structure on the land subdivided.

For subdivisions described in sections 4-01(a) and 4-01(b), if there is no intent on the part of any party to develop any parcel of land included in the subdivision at the time of subdivision, the subdivider or his agent shall apply in writing to the director of engineering requesting a waiver from the requirements of the preliminary development plan, development plan and final plat; this waiver request shall be accompanied by a concept plat and certificate in accordance with city policy. Waiver of any or all preliminary development plan, or development plan or final plat requirements shall be based upon and related to the director of engineering's determination that existing or proposed public facilities will not be impacted.

(Ord. No. 3479-86)

Sec. 5-02. - Preliminary development plan.

Prior to the submission of a development plan, any subdivider contemplating any subdivision of land as herein defined or the extension of an existing street(s) or the creation of a new street or streets shall submit to the director of engineering five (5) blue or black line copies of a "preliminary development plan" showing the general layout to be proposed for the entire tract to be subdivided.

Such preliminary development plan shall be referred by the director of engineering to the director of planning, who shall render an advisory recommendation to the director of engineering concerning the physical layout of the proposed subdivision. Such recommendation may include, but not be limited to, suggestions for the revision of the preliminary development plan to conform with the city's comprehensive plan and with accepted principles of subdivision design. If approval of a feature or features of the preliminary development plan by a state agency is necessary, the director of engineering shall forward the preliminary development plan to the appropriate state agency or agencies for review within ten (10) business days of receipt of such preliminary development plan.

The director of engineering or his authorized representative shall meet with the subdivider to discuss elements of proper street layout and neighborhood design as related to the preliminary development plan and to the general area involved.

5-02.1.

Review fees. The following nonrefundable fees shall be paid upon filing the preliminary development plan:

(1)

For the initial filing of an original plan: Two hundred fifty dollars ($250.00) plus ten dollars ($10.00) for each lot as shown on the submitted plan.

(a)

For the next filing of a plan which has been revised in response to initial city review of the original plan, there shall be no charge, and

(b)

For subsequent filings of a plan which has been revised in response to initial city review of the original plan: Two hundred seventy-five dollars ($275.00).

(2)

For the filing of any plan to phase the project or make minor alterations or revisions to the original plan, except as provided above: One hundred dollars ($100.00). If the director of engineering determines that the alterations and/or revisions reflect major changes in the project, the plan shall be deemed an original plan and processed under section 5-02.1.(1).

5-02.2.

Approval. Approval by the director of engineering is required prior to the recordation of any plat creating lots as described in this ordinance. The subdivider shall have not more than twelve (12) months from the date of preliminary development plan approval to record such plats. Failure to do so shall make the approval null and void, provided, however, the director of engineering may, on written request by the subdivider, grant an extension of the time limit. Such request shall be filed with the director no less than fifteen (15) days prior to the expiration of the twelve-month period.

(Ord. No. 3880-89; Ord. No. 4186-91, § 1; Ord. No. 4411-92; Ord. No. 5206-98, § 1; Ord. No. 6392-07, § 1)

Sec. 5-03. - Plat filing fee.

For the filing of each plat not covered elsewhere in this appendix, a charge shall be paid to the city. When such charge is applicable, it shall consist of two hundred dollars ($200.00) plus twenty-five dollars ($25.00) for each lot as shown on the submitted plat.

(Ord. No. 4186-91, § 1; Ord. No. 4456-93)

Sec. 5-04. - Development plans.

Five (5) blue or black line prints of the plans and specifications for the development of all required physical improvements to be installed shall be prepared by a certified professional engineer or certified land surveyor and shall be submitted as "development plans" to the director of engineering for approval or disapproval. If approved, one (1) copy bearing certification of such approval shall be returned to the subdivider. If disapproved, all papers shall be returned.

If rezoning is required under section 4-01.6, evidence of approval shall be submitted. The plans shall show details for the construction of all improvements required by this ordinance and shall show existing conditions. Details for sewers, water lines, streets, grading of lots with corner elevations, drainage plans, and all other essential details shall be shown as defined in section 10-01.

5-04.1.

Review of plans. The director of engineering or his authorized representative shall discuss the development plans with the subdivider in order to determine whether or not his development plans generally conform to the requirements of the [this] subdivision ordinance and of the zoning ordinance [Appendix A]. The subdivider shall then be advised in writing concerning any additional data that may be required, and the character and extent of public improvements that have to be made. An estimate of the cost of construction will be required as a prerequisite to approval of the final subdivision plat. Such an estimate shall be filed with the director of engineering by the developer upon submission of the final plat.

5-04.2.

No guarantee. Approval of the development plans by the director of engineering does not constitute a guarantee of approval of the final plat.

5-04.3.

Review fees. The following nonrefundable fees shall be paid upon filing the preliminary development plan:

(1)

For the initial filing of an original plan; Four hundred dollars ($400.00) plus thirty dollars ($30.00) for each lot as shown on the submitted plan.

(a)

For the next filing of a plan which has been revised in response to initial city review of the original plan, there shall be no charge, and

(b)

For subsequent filings of a plan which has been revised in response to initial city review of the original plan: Two hundred seventy-five dollars ($275.00).

(2)

For the filing of any plan to phase the project or make minor alterations or revisions to the original plan, except as provided above: One hundred dollars ($100.00). If the director of engineering determines that the alterations and/or revisions reflect major changes in the project, the plan shall be deemed an original plan and processed under section 5-04.3.(1).

(Ord. No. 3881-89; Ord. No. 4186-91, § 1)

5-04.4.

Approval time. Any submittal or resubmittal of a development plan shall be considered approved if not acted upon within sixty (60) days from the date of such submittal or resubmittal.

Sec. 5-05. - Filing of final plat.

The following provisions shall apply to the filing of a final plat:

5-05.1.

Conditions for approval. The plat shall not be approved until the subdivider has completed the general improvements contemplated, certified that the cost of construction thereof has been paid and complied with the general requirements and minimum standards of design in accordance with this ordinance except as provided in section 5-05.2. Any construction which is undertaken to satisfy the requirements of section 5-05.1 or 5-05.2 shall not begin before the director of engineering or his authorized representative is notified of this commencement of work. Approval of final plat shall be written on the face of the plat by the city manager.

5-05.2.

Bond insurance and agreement. In lieu of actual completion of the improvements required by this ordinance, the subdivider shall enter into an agreement with the City of Newport News and shall furnish to the city a certified check or bond with corporate surety or escrow agreement evidencing the deposit to the credit of the subdivider with the right of the city to draw on said account in the event subdivider fails to make required improvements or an irrevocable letter of credit issued by a bank qualified to do business in Virginia evidencing the establishment of credit to the subdivider on which letter the city shall be authorized to draw drafts in the event subdivider fails to make the required improvements in an amount equal to the costs of completion of said improvements. A certificate of insurance shall be given by the subdivider as evidence of liability insurance which shall defend, keep and hold the city free and harmless from liability on account of injury or death to persons growing out of the activity by the subdivider in the amount of one hundred thousand dollars ($100,000.00) for each occurrence and three hundred thousand dollars ($300,000.00) aggregate, together with twenty-five thousand dollars ($25,000.00) property damage coverage. Such insurance policy shall name the city as an additional insured by separate endorsement to the policy or as otherwise approved by the city attorney's office. The city attorney or assistant shall examine and approve or disapprove the form of the aforementioned instruments. The costs of said uncompleted improvements shall be set by the director of engineering for purposes of determining the amount of said check, bond, escrow agreement or letter of credit. The designated length of time to be allowed [for the] subdivider to complete the required improvements shall be fixed by the director of engineering. After the installation by the subdivider of the streets and improvements in the subdivision as required by this ordinance, a performance bond of a value equal to ten (10) percent of the proposed public improvements cost plus the full value of street surfacing for streets not surfaced shall be filed with the director of engineering until acceptance of streets and improvements by the city in accordance with section 9-11, "Acceptance of streets and improvements."

(Ord. No. 4411-92; Ord. No. 5206-98, § 1)

Sec. 5-06. - Recordation of final plat.

5-06.1.

Recordation after approval. The final plat shall be recorded under the names of the owners of lands signing the plat and under the subdivision name in the office of the clerk of the circuit court of Newport News upon approval by the city manager.

5-06.2.

Recordation, transfer, title. The recordation of such plat shall operate to transfer, in fee simple, to the City of Newport News such portion of the premises platted as is on such plat set apart for streets, alleys, public easement or other public use and to create a public right-of-way passage over the same; but nothing in this ordinance shall affect any right of a subdivider of land heretofore validly reserved.

Sec. 5-07. - Appeals.

5-07.1.

Approval. The city manager shall act on any proposed final plat within sixty (60) days after it has been officially submitted for approval by either approving or disapproving the final plat in writing, and giving with the latter specific reasons therefor. The city manager shall thoroughly review the plat and shall make a good faith effort to identify all deficiencies, if any, with the initial submission. Specific reasons for disapproval shall be contained either in a separate document or on the plat itself. The reasons for disapproval shall identify deficiencies in the plat that cause the disapproval by reference to specific duly adopted ordinances, regulations, or policies and shall identify modifications or corrections as will permit approval of the plat. The city manager shall act on any proposed final plat that he has previously disapproved within forty-five (45) days after the plat has been modified, corrected and resubmitted for approval.

5-07.2.

Appeal of failure to act. If the city manager fails to approve or disapprove the final plat within sixty (60) days after it has been officially submitted for approval, or within forty-five (45) days after it has been officially resubmitted after a previous disapproval, the subdivider, after ten (10) days' written notice to the city manager, may petition the Circuit Court of Newport News to decide whether the plat should or should not be approved. The court shall give the petition priority on the civil docket, hear the matter expeditiously in accordance with the procedures prescribed in Article 2 (§ 8.01-644 et. seq.) of Chapter 25 of Title 8.01 of the Code of Virginia, 1950, as amended, and make and enter an order with respect thereto as it deems proper, which may include directing approval of the plat.

If the city manager disapproves a final plat and the subdivider contends that the disapproval was not properly based on the ordinance applicable thereto, or was arbitrary or capricious, he may appeal to the circuit court of the city and the court shall hear and determine the case as soon as may be, provided that his appeal is filed with the circuit court within sixty (60) days of the date of the written disapproval by the city manager.

(Ord. No. 5959-03, § 1)

Sec. 5-08. - Filing and recording fee.

5-08.1.

Amount of fee. The following fees shall be paid to the City of Newport News in the public works office prior to recordation of the final subdivision plat:

a.

Ten dollars ($10.00) for each mylar print (one required).

b.

Two dollars ($2.00) for each blue line print (thirty (30) required).

c.

Amount per lot recordation fee as required by the clerk's office.

d.

Costs of street signs, as required, which will be installed by the city at the expense of the developer.

e.

Sewer assessment fee pursuant to city policy.

f.

Inspection fees pursuant to city policy.

5-08.2.

Recording. The final plat shall be recorded by the City of Newport News in the clerk's office of the circuit court of the City of Newport News within a reasonable time after approval. The director of engineering, shall notify the developer, his attorney or agent of the time and place of recordation.

5-08.3.

Return of original tracing. The original tracing will be returned to the subdivider or his authorized representative after processing is completed.

Sec. 5-09. - Time of validity for approved final subdivision plats.

5-09.1.

Period of validity. An approved final subdivision plat which has been duly recorded in the office of the clerk of the circuit court of Newport News shall be valid for a period of not less than five (5) years from the date of approval thereof, or for such longer period as the city manager may, at the time of approval, determine to be reasonable, taking into consideration the size and phasing of the proposed development.

5-09.2.

Granting of extensions. The following procedure shall apply to the granting of extensions:

(1)

Upon application of the subdivider or developer filed prior to expiration of an approved recorded plat, the director or his agent may grant one (1) or more extensions of such approval for additional periods as the director or his agent 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.

(2)

If the director or his agent denies an extension requested as provided herein and the 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 of Newport News, provided that such appeal is filed with the circuit court within sixty (60) days of the written denial.

5-09.3.

Effect of changes in law, policy or plan. For so long as the approved and recorded final subdivision plat remains valid in accordance with the provisions of this section, no change or amendment to any city ordinance, map, resolution, rule, regulation, policy or plan adopted subsequent to the date of approval of the recorded plat or development plan shall adversely affect the right of the developer or his successor in interest to commence and complete a final 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.

5-09.4.

Minor modifications. Application for minor modifications to recorded plats made during the periods of validity of such plats established in accordance with this section shall not constitute a waiver of the provisions hereof nor shall the approval of such minor modifications extend the period of validity of such plats.

5-09.5.

Applicability of section. The provisions of this section shall be applicable to all final subdivision plats recorded on or after January 1, 1992. Nothing contained in 5-09.1, 5- 09.2, 5-09.3, 5-09.4 and 5-09.5 of this section shall be construed to affect: (i) any litigation concerning the validity of a final subdivision plats recorded prior to January 1, 1992, or any such litigation nonsuited and thereafter refiled; (ii) the authority of the city 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 approved development plans, to the greatest extent possible, of the provisions of the city's Chesapeake Bay Preservation Ordinance; or (iv) the application to individual lots on recorded plats or parcels of land subject to approved development plans of the provisions of the city's ordinance to comply with requirements of the federal Clean Water Act, Section 402(p.) of the Stormwater Program and regulations promulgated thereunder by the Environmental Protection Agency.

(Ord. No. 4409-92; Ord. No. 5959-03, § 1)

Sec. 5-10. - Time of validity of approved development plans.

5-10.1.

Period of validity. An approved development plan shall be valid for a period of five (5) years, provided the subdivider (i) submits a final subdivision plat for all or a portion of the property within one (1) year of such approval, and (ii) thereafter diligently pursues approval of the final subdivision plat.

(1)

Diligent pursuit of approval means that the subdivider has incurred extensive obligations or substantial expenses relating to the submitted final subdivision plat or modifications thereto.

(2)

However, no sooner than three (3) years following such development plan approval, and upon ninety (90) days' written notice by certified mail to the subdivider, the city manager may revoke such approval upon a specific finding of facts that the subdivider has not diligently pursued approval of the final subdivision plat.

5-10.2.

Effect of changes in law, policy or plan. For so long as the approved development plan remains valid in accordance with the provisions of this section, no change or amendment to any city ordinance, map, resolution, rule, regulation, policy or plan adopted subsequent to approval of the development plan shall adversely affect the right of the developer or his successor in interest to commence and complete a final subdivision plat unless the change or amendment is required to comply with state law or there has been a mistake, fraud or change in circumstances substantially affecting the public health, safety or welfare.

5-10.3.

Minor modifications. Application for minor modifications to approved development plans made during periods of validity of such plans established in accordance with this section shall not constitute a waiver of the provisions hereof nor shall the approval of such minor modifications extend the period of validity of such plans.

5-10.4.

Applicability of section. The provisions of this section shall be applicable to all approved development plans valid on or after August 12, 2003. Nothing contained in this section shall be construed to affect: (i) any litigation concerning the validity of a development plan pending prior to August 12, 2003, or any such litigation nonsuited and thereafter refiled; (ii) the authority of the city 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 approved development plans to the greatest extent possible, of the city's Chesapeake Bay Preservation Ordinance; or (iv) the application to individual lots on recorded plats or parcels of land subject to approved development plans of the provisions of the city's ordinance to comply with requirements of the federal Clean Water Act, Section 402(p.) of the Stormwater Program and regulations promulgated thereunder by the Environmental Protection Agency.

(Ord. No. 5959-03, § 1)