Title
Ordinance to Amend and Re-Enact the City Code of the City of Hampton, Virginia by Amending Chapter 35 ("Subdivisions") to Align the Subdivision Ordinance with the State Code and Ensure Consistency with Current Regulations and Compliance Standards
Purpose
Background Statement:
The purpose of this amendment is to modernize the City's Subdivision Ordinance by incorporating state legislative updates, improving clarity, and ensuring compliance with current statutory requirements. In addition, the transition from hard copies to digital submissions will help lower costs and expedite processing times. This change simplifies the submission process, reduces administrative burden, and enables faster communication and review.
As part of this update, there are recommended housekeeping revisions to several ordinance sections to improve clarity, correct formatting and cross-references, and to maintain consistency throughout the ordinance. These changes are administrative in nature and do not alter the intent or substantive requirements of the ordinance.
Overall, these updates aim to create a clearer, more accessible document that better supports both customers and service teams.
Recommendations:
Rec
Staff Recommendation:
Approve
Body
Ordinance to Amend And Re-Enact the Code of the City Of Hampton, Virginia By Amending Chapter 35, “Subdivisions,” Articles I (“In General”), II (“Preliminary Plat - Procedures”), and III (“Final Plat”).
BE IT ORDAINED by the City Council of the City of Hampton, Virginia that Chapter 35 of the City Code of the City of Hampton, Virginia be amended and restated to read as follows:
CHAPTER 35 - SUBDIVISIONS.
ARTICLE I. IN GENERAL
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Sec. 35-3. Administration and enforcement of chapter.
Pursuant to the authority granted to the city council by the Code of Virginia § 15.2-2255, the city council designates as its agent the city manager for purposes of administering and enforcing the provisions of this chapter. For purposes of approving or disapproving subdivision plats and enforcing the provisions of this chapter that are not governed by the zoning ordinance or the public works design and construction standards in articles IV and V; except for approval of final subdivision plats which require the concurring approval of the director of public works or his designee, the city manager authorizes and designates the director of the community development department or their designee to act as the "subdivision agent." The city manager also authorizes and designates the director of public works or their designee to administer and enforce the provisions of this chapter related to approval or disapproval of final subdivision plats together with the subdivision agent as described above, and to enforce provisions of this chapter related to approval or disapproval of development plans, design and construction standards, improvements, and related requirements as set forth in articles IV and V of this chapter. Wherever the term director of public works is used throughout this chapter, the term shall include their authorized designees.
Sec. 35-4. Compliance with chapter, penalty for violation.
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(F) No clerk of any court shall file or record a plat of a subdivision required by this chapter until such plat had been approved by the subdivision agent and the director of public works. The penalties provided by Code of Virginia § 17.1-233 shall apply to any failure to comply with the provisions of this subsection.
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Sec. 35-7. Exceptions.
(A) Except as otherwise set forth in this chapter, the development services center manager may grant exceptions to the general provisions of this chapter not governed by chapters 9, 33.3 and 41.1 of the City Code, the "City of Hampton Landscape Guidelines," the zoning ordinance, or the public works design and construction standards, subject to the following:
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(2) The petition shall be submitted to the subdivision agent for review by the development services center manager of the community development department. The petition shall state fully the grounds for the petition and all of the facts relied upon by the subdivider.
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(B) The development services center manager shall not approve a petition for an exception unless they find that:
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(3) The facts upon which the petition request is based are unique to the property for which the relief sought and are not so general or recurring a nature as to make reasonably practical the formulation of general regulations to be adopted as an amendment to this chapter;
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(D) Upon denial of a petition for exception, the subdivider may appeal the decision in writing within thirty (30) days of the date of the development services manager’s written notice to the subdivider of such denial. Within thirty (30) days of receipt of a subdivider’s appeal, the development services center manager shall schedule an opportunity for the appellant to be heard before a panel consisting of the director of community development and the director of public works, or their designees. The development services center manager's decision shall only be overturned by a unanimous decision by the directors of community development and public works (or their designees). The decision on appeal shall be final and unappealable except as provided in section 35-8.
Sec. 35-8. Appeals.
In the event a plat for subdivision is disapproved by the subdivision agent, or upon the decision of the directors of community development and public works not to overturn the development services manager’s denial of a petition for exception, and the subdivider contends that the disapproval or decision was not properly based on the ordinance applicable thereto, or was arbitrary or capricious, the subdivider may appeal such disapproval or decision to the Hampton Circuit Court within sixty (60) days of written notice of such disapproval or decision. No subdivider may pursue approval of an alternative plat while his appeal from the disapproval of the original plat is pending.
Sec. 35-9. Subdivision classification.
For purposes of this chapter, the term "subdivision" is the division of any parcel of land into two (2) or more lots or parcels for immediate or future transfer of ownership or building development. The term shall be construed to include all changes in lot lines, the creation of new lots involving any division of an existing lot or lots, or, if a new street is involved in such division, any division of a parcel of land. When appropriate to context, “subdivision" may refer either to the process of subdividing or to the territory subdivided. The term "subdivider" means an individual, corporation, partnership or other entity owning any property to be subdivided. The terms "developer" and "subdivider" are used interchangeably throughout this chapter regardless of whether the subdivider or the developer is or is not the same person or entity.
Sec. 35-10. Vacation of subdivision plat, lot or boundary line; boundary line adjustments.
(A) Any recorded plat, or part thereof, may be vacated as follows:
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(4) Any such vacation pursuant to section 35-10(A)(1) or (2) shall operate to destroy the force and effect of the recording of the plat so vacated, and title to any interests so vacated shall vest in the manner set forth in Code of Virginia § 15.2-2274.
(B) Boundary lines may be vacated, relocated or altered pursuant to Code of Virginia § 15.2-2275 and subject to the following requirements:
(1) The boundary line adjustment plat or vacation plat must be prepared by a certified professional engineer or a certified land surveyor authorized to do business in the Commonwealth, executed by the owner or owners of the land pursuant to Code of Virginia § 15.2-2275, and submitted to the subdivision agent with the required fee;
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(3) The adjustment or vacation does not result in any new violations to the dimensional requirements of the zoning ordinance;
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Sec. 35-11. Fees.
(A) Preliminary plat review fees. At the time any preliminary subdivision plat is submitted for review, the following fees shall be submitted to the subdivision agent and payable to the City of Hampton:
(1) Subdivisions of one parcel into no more than two parcels that do not require the installation of public improvements, boundary line adjustments or vacations: One hundred fifty dollars ($150.00).
(2) All other subdivisions (residential, non-residential, including townhouses, condominiums and mixed use) that do not require the installation of public improvements: Three hundred dollars ($300.00) plus fifty dollars ($50.00) for each lot shown on the preliminary plat.
(3) All subdivisions (residential, non-residential, including townhouses, condominiums, and mixed use) that require public improvements: Five hundred dollars ($500.00) plus fifty dollars ($50.00) for each lot shown on the preliminary plat.
(4) An additional fee of two hundred fifty dollars ($250.00) shall be collected for any review after the first re-submission, except for resubmittals that are the result of substantial redesign due to additional state or federal agency comments.
(B) Final plat review fees for any submission that has already been approved as a preliminary subdivision plat. At the time the final subdivision plat is submitted for review, the following fees shall be submitted to the subdivision agent and payable to the City of Hampton:
(1) Subdivisions of one parcel into no more than two parcels that do not require public improvements: No additional fee.
(2) Boundary line adjustments or vacations: No additional fee. For the purpose of this subsection, “boundary line adjustment” means a subdivision which changes the relative size, but not the number, of parcels comprising the property depicted in the boundary line adjustment.
(3) All other subdivisions (residential, non-residential, including townhouses, condominiums and mixed use) that do not require the installation of public improvements: No additional fee.
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(5) An additional fee of two hundred fifty dollars ($250.00) shall be collected for any review after the first re-submission, except for resubmittals that are the result of substantial redesign due to additional state or federal agency comments.
(C) Subdivision plat review fees for any subdivision plat for which no preliminary subdivision plat was required and no optional preliminary subdivision plat was submitted. At the time the subdivision plat is submitted for review, the following fees shall be submitted to the subdivision agent and payable to the City of Hampton:
(1) Subdivisions of one parcel into no more than two parcels that do not require public improvements, boundary line adjustments or vacations: One hundred fifty dollars ($150.00).
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(4) An additional fee of two hundred fifty dollars ($250.00) shall be collected for any review after the first re-submission, except for re-submittals that are the result of substantial redesign due to additional state or federal agency comments.
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(G) Each separate deed or plat of easement or dedication shall be accompanied by a review fee in the amount of fifty dollars ($50.00) per instrument to be reviewed, payable to the City of Hampton.
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(I) Prior to recordation of the final plat, the subdivider will pay to the city a sewage fee of five hundred dollars ($500.00) per each lot in the subdivision section being served by the sewer.
(J) Recording fees for final subdivision plats, subdivision agreements and any other legal instrument required under this chapter for subdivisions (except for homeowner’s association documents required by Section 35-12 below) shall be submitted to the subdivision agent at the time prescribed in this chapter and shall be made payable to the Clerk of the Hampton Circuit Court.
Sec. 35-12. Establishment of homeowners’ or property owners’ associations.
For any subdivision, including any mixed use subdivision, approved under this chapter (i) in which an area is intended to be owned and used commonly by multiple property owners for recreation, conservation, or other public or semipublic purposes, or (ii) where other common improvements have been made for which operation or maintenance is the responsibility of multiple property owners, no lot shall be approved, recorded, sold, or used within the development, and no building permits shall be issued for any lot within the subdivision, until appropriate documents in a form approved by the city attorney have been executed and duly recorded in the office of the Clerk of the Hampton Circuit Court. Such documents shall set forth the following:
(A) The nature of the permanent organization under which common ownership, use, or maintenance is to be established, including its purpose, and provisions establishing requirements for mandatory membership;
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Sec. 35-15. No private subdivision determinations.
No officer or employee of the city may represent to a member of the general public that an existing parcel was or was not created in compliance with any subdivision ordinance or other applicable law in effect at that time, except in response to a duly submitted application for any land use or development approval which may be denied because the subject parcel was illegally subdivided.
Secs. 35-16-35-19. Reserved.
ARTICLE II. PRELIMINARY PLAT - PROCEDURES
Sec. 35-20. Preapplication conference and submission of conceptual plan.
Before submitting any subdivision plat or development plans related to such proposed subdivision, the subdivider is advised to confer with the subdivision agent, the director of public works and such other city, state or federal agencies as the subdivider, the subdivision agent or the director of public works deems advisable concerning the general proposal. Such action does not require formal application or fees or formal filing of the plat or development plan and is not to be construed as application for approval of a plat or development plans in computing time limitations in relation thereto. Any comments made at a pre-application conference, whether oral or written, are guidance only and shall not be construed as or be deemed to be official subdivision plat review comments.
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Sec. 35-23. Contents.
(A) The preliminary plat of a subdivision shall comply with the standards for land boundary surveying practices as set forth in 18 Virginia Administrative Code § 10-20-370, the regulations of the "City of Hampton Landscape Guidelines", and the latest edition of the public works design and construction standards, and shall include a vicinity map, at a scale appropriate to the level of detail but not less than one (1) inch to one thousand (1,000) feet, which vicinity map shall show the area for the proposed subdivision and all streets and water bodies that exist within the area of the vicinity map, along with the scale and north arrow. Each lot in a subdivision shall be of sufficient size to permit development thereon, when all zoning setback areas, all areas listed in section 35-23(C), and any other areas required by law are deducted.
(B) The preliminary plat of the subdivision shall show the proposed layout of streets, lots, areas to be encumbered by stormwater management facilities as required by chapter 33.3 of the City Code, and other features in relation to existing topography. The preliminary plat shall have a horizontal scale of not less than one hundred (100) feet to the inch and clearly show the following:
(1) The subdivision name and location. The title of the subdivision shall be placed in the upper right-hand corner, leaving a space six-tenths (0.6) of an inch wide and at least six (6) inches long between the border line and the name of the subdivision, the date, the scale, and the designation of a section of the subdivision if applicable.
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(3) The name and address of the record owner of the land proposed to be subdivided and the name of the subdivider; the source of title with deed book reference, the owner or contract purchaser of the subdivision, the name of the certified professional engineer or certified land surveyor who prepared the plat, and the number of sheets. The certified professional engineer or certified land surveyor shall certify that the source of title of the owner of the land subdivided and the place of record of the last instrument in the chain of title identified on the plat are correct. When the plat is of land acquired from more than one (1) source of title, the boundaries of the several tracts shall be indicated upon such plat.
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(5) The right-of-way center line location, right-of-way width and name of all existing or platted streets within or adjacent to the subdivision; the center line location, right-of-way width and names of all proposed streets within the proposed subdivision, and the location of all watercourses, utilities, and railroad lines within or adjacent to the proposed subdivision.
(6) The boundaries of all property to be dedicated for public use, along with the boundaries of all property to be reserved by covenant in deeds for the common use of the occupants or owners of lots in the subdivision, or otherwise to be reserved either as passive or active recreation space or natural open space or conservation area, together with a statement of the purpose for which the covenant or reservation is made or such use is restricted or limited.
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(9) Any grave, object or structure marking a place of burial within the proposed subdivision shall be clearly designated by an archaeologist or similar professional qualified to conduct such designation in accordance with prevailing industry standards.
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(12) Where floodplains lie within a subdivision, the preliminary plat shall delineate the boundaries of all floodways, flood fringes, approximated floodplains, and coastal high hazard areas. Flood elevations for any land located within a special flood hazard area in accordance with the provisions of chapter 9, article IV of the zoning ordinance and the city flood insurance rate map (FIRM).
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(16) An oblong space one (1) inch by four (4) inches shall be provided in the upper right-hand corner below the title block for the signature of the subdivision agent. The final plat will require an additional signature line for the director of public works or their designee.
(17) The location, size, alignment or arrangement of each easement to be conveyed or dedicated, with a statement of its intended purpose, any restrictions or limitation placed on such use, and a designation if the easement is public or private.
(18) If the director of public works approves roadside ditches/open drainage system in lieu of piped drainage systems or the elimination of sidewalks, the subdivider shall place a notation on the plat, which advises all potential purchasers that the city will not be responsible for providing or bearing the costs of installation of sidewalks, curbs, or gutters if owners of lots in the subdivision desire a piped drainage system.
(C) The preliminary plat of a subdivision within Chesapeake Bay Preservation Overlay District (O-CBP) shall comply with all applicable provisions of chapter 9, article II of the zoning ordinance and shall include a resource delineation (as such term is defined in section 2-2 of the zoning ordinance) and stormwater management plan shown on the subdivision plat or attached as an addendum to the plat. The subdivision plat shall also contain a notation thereon to state that land use and development activities or clearing of vegetation within any subdistrict of the O-CBP are regulated pursuant to chapter 9, article II of the zoning ordinance, and that city confirmation of such resource delineation is required prior to the issuance of land use or development permits. Additionally, the subdivision plat shall contain reference to any Resource Protection Area (“RPA”) buffer or Intensely Developed Area (“IDA”) encroachment or exception to the O-CBP regulations for development and redevelopment authorized by the City of Hampton.
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(E) The preliminary plat of a subdivision, including (without limitation) townhouse and condominium subdivisions, shall list any proffers or special use permit conditions that affect the property. If special exceptions have been granted by the city council or variances have been granted by the board of zoning appeals, the plat shall include a note detailing any exception or variance so granted.
Sec. 35-23.1. Same-Special provisions.
(A) If during the pre-application conference as described in section 35-20, it is determined that portions of the requirements set forth in section 35-23 above are unnecessary or inapplicable in the particular case because it is (i) a subdivision that will result in the creation of not more than two (2) lots abutting an existing public road either accepted by the city or within the Virginia Department of Transportation system of primary or secondary highways, so long as the subdivision does not involve the dedication of streets, public easements, or the construction or installation of any public or private infrastructure, facilities or utilities (except connection to existing utilities from the proposed principal structure); or (ii) a boundary line adjustment or vacation. Such requirements may be waived in these cases without the necessity of a formal exception process as set forth in section 35-7; provided however, that any such waiver shall be in writing with the reasons therefore, signed by the subdivision agent and director of public works, and shall become part of the record on the application.
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Sec. 35-24. Submission of copies and application for approval.
A completed digital (Portable Document Format or “.pdf”) version of the preliminary plat required by this article, the plat review application, and the required fee pursuant to section 35-11 shall be submitted to the subdivision agent in the development services center of the community development department for review. Hard copies will only be required at the final approval stage. Once the final plat is approved, the subdivider shall submit to the department three (3) paper copies and a digital version of the plat, except that the subdivider shall provide three (3) mylar copies of any plats sized eighteen (18) inch by twenty-four (24) inches or larger. The subdivision agent may increase or decrease the number of copies and the size of the copies required based on the size of the subdivision or need for inter-agency coordination.
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Sec. 35-25. Distribution of copies.
The subdivision agent shall distribute the digital version of the preliminary plat application to any city, state or federal agencies or entities as necessary for complete review and conformity with the provisions of this chapter.
Sec. 35-26. Review of preliminary plat-Approval or disapproval generally.
(A) A complete preliminary subdivision plat application shall be reviewed as follows:
(1) Within forty (40) days of their official submission, the preliminary plat and other related materials shall be reviewed by the subdivision agent and other appropriate agencies of the city for conformity to this chapter and other applicable regulations, and to allow any discussions with the subdivider as to changes deemed advisable and the kind and extent of improvements to be made.
(2) However, in cases where approval of a feature or features of the plat by a state agency or public authority authorized by state law is necessary, the subdivision agent shall forward the preliminary subdivision plat to the appropriate state agency or authority for review within five (5) business days of receipt of such preliminary subdivision plat. Such state agency or public authority shall conduct its review in accordance with the requirements of Code of Virginia § 15.2-2222.1. The subdivision agent shall act upon a preliminary subdivision plat within twenty (20) days of receipt of approvals from all state agencies.
(3) All actions on preliminary subdivision plats shall be completed by the subdivision agent and, if necessary, state agencies, within a total of ninety (90) days of submission to the subdivision agent.
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(5) In the review of a resubmitted plat that has been previously disapproved the subdivision agent shall consider only the deficiencies identified in the review of the initial submission of the plat that have not been corrected in such resubmission and any deficiencies that arise as a result of the corrections made to address deficiencies identified in the initial submission. In the review of a resubmission of a plat, the subdivision agent shall identify all deficiencies with the preliminary plat that caused the disapproval by referencing specific duly adopted ordinances, regulations or policies and shall identify all modifications or corrections that will permit approval of the plat. Upon the second resubmission of such disapproved plat, the subdivision agent's review shall be limited solely to the previously identified deficiencies that caused their disapproval.
(6) Upon receipt of a third or subsequent resubmission of a subdivision plat, the subdivision agent shall provide all deficiencies identified in such resubmission to the applicant and to the director of community development. Within 14 days of receipt, the director or equivalent official shall either:
(i) Approve the plat or plan of development as submitted;
(ii) Permit the applicant to address any deficiencies deemed minor by the director or equivalent official, and resubmit the plat or plan of development for administrative approval. The director or equivalent official shall complete the administrative approval within seven (7) days after receipt of the resubmission; or
(iii) Disapprove the resubmission, and identify all deficiencies that caused the disapproval by referencing specific duly adopted ordinances, regulations, or policies and identify all modifications or corrections that will permit approval of the plat or plan of development.
The subdivision agent shall act on any plat that he has previously disapproved within thirty (30) days after the plat has been modified, corrected and resubmitted for approval. Notwithstanding the approval of any preliminary plat, any deficiency in any plat, that if left uncorrected, would violate local, state or federal law or regulations, mandatory VDOT engineering and safety requirements, and other mandatory engineering and safety requirements, shall not be considered, treated or deemed as having been approved by the subdivision agent. Should any resubmission include a material revision of infrastructure or physical improvements from the earlier submission or if a material revision in the resubmission creates a new required review by a state agency or public authority authorized by state law, then the subdivision agent's review shall not be limited to only the previously identified deficiencies identified in the prior submittals and may consider deficiencies initially appearing in the resubmission because of such material revision.
(B) The action of the subdivision agent shall be documented through digital correspondence and retained within the official records of the City. Such documentation shall include all determinations, references, conditions, required revisions, or reasons for disapproval, as applicable. Electronic notification of the subdivision agent’s action shall be provided to the subdivider, and all related digital records shall be maintained as required for official recordkeeping and for any further review or action by the subdivision agent or other affected city or state agencies.
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(D) Notwithstanding any provision of this chapter to the contrary, the subdivision agent, with the concurrence of all applicable local reviewing agencies, may administratively approve any resubmitted subdivision plat that the subdivision agent deems to be in compliance with local ordinances and state law.
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ARTICLE III. FINAL PLAT
Sec. 35-41. When required; submission to subdivision agent.
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(B) The final plat and other exhibits required for approval shall be prepared as specified in this chapter and submitted to the subdivision agent. Where provision has been made for phased development in connection with approval of the preliminary plat, including time limitations, the subdivider may submit a final plat for only that portion of the approved preliminary plat which he proposes to record and develop at the time, if such portion conforms to all requirements of this chapter.
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Sec. 35-42. To be accompanied by review fee; required legal instruments and cost of recordation; etc.
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(B) Legal instruments, in writing of sufficient legal form for recordation in the Hampton Circuit Court Clerk's Office, as may be required by this chapter or by the subdivision agent, shall accompany the final plat. A check payable to the Clerk of the Hampton Circuit Court, for costs of recordation of any such instruments, shall accompany the final plat when submitted for approval.
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Sec. 35-46. Approval or disapproval.
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(B) In the review of a resubmitted final plat that has been previously disapproved the subdivision agent and the director of public works shall consider only the deficiencies they had identified in their review of the initial submission of the plat that have not been corrected in such resubmission and any deficiencies that arise as a result of the corrections made to address deficiencies identified in the initial submission. In the review of a resubmission of a final plat, the subdivision agent and the director of public works shall identify all deficiencies with the plat that caused the disapproval by reference to specific duly adopted ordinances, regulations or policies and shall identify all modifications or corrections that will permit approval of the final plat. Upon the second resubmission of such disapproved plat, the subdivision agent and director of public works' review shall be limited solely to the previously identified deficiencies that caused their disapproval. The subdivision agent and director of public works shall act on any plat that they have previously disapproved within thirty (30) days after the plat has been modified, corrected and resubmitted for approval. The failure of the subdivision agent and the director of public works to approve or disapprove a resubmitted plat within the time periods required by this section shall cause the plat to be deemed approved. Notwithstanding the approval or deemed approval of the plat, any deficiency in the plat, that if left uncorrected, would violate local, state or federal law or regulations, mandatory VDOT engineering and safety requirements, and other mandatory engineering and safety requirements, shall not be considered, treated or deemed as having been approved by the subdivision agent. Should any resubmission include a material revision of infrastructure or physical improvements from the earlier submission or if a material revision in the resubmission creates a new required review by a state agency or public authority authorized by state law, then the subdivision agent and director of public works' review shall not be limited to only the previously identified deficiencies identified in the prior submittals and may consider deficiencies initially appearing in the resubmission because of such material revision.
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The complete language in full can be found in the package "Clean Language".