Title
Ordinance to Amend and Re-Enact Chapter 35 of the City Code of the City of Hampton, Virginia Pertaining to Transitioning the Subdivision Exception Process to an Administrative Review
Purpose
Background Statement:
The City’s “subdivision ordinance,” contained in Chapter 35 of the Hampton City Code, was comprehensively updated in 2010. As permitted by Section 15.2-2242 of the Code of Virginia, the subdivision ordinance includes provisions allowing 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. The current subdivision exception process requires an applicant to submit a Petition for Exception to the City’s subdivision agent. The subdivision agent transmits the application to Community Development Department, which processes the Petition in the same manner as other legislative land use applications, such as use permits and rezonings. This process includes public hearings at both Planning Commission and City Council with a recommendation made by Planning Commission and a final decision made by the City Council based upon defined criteria in the City Code.
The current process is at odds with the nature of Hampton’s subdivision review, which is otherwise a completely administrative process. Unlike use permits and rezonings, subdivisions and site plans are processed through a ministerial review by City staff in the Development Services Center, including review by the Department of Public Works and the Fire Division. If the subdivision ordinance requirements are met, the subject plat is approved. City staff does not have discretion to deny a subdivision that meets the code for policy reasons. Further, the Virginia Code and City Code require that subdivision exceptions only be approved when an applicant can prove a “hardship” exists. The City Code also contains additional criteria, which the Cit...
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