Chap. 471.—An ACT to amend and reenact Sections 5222-b, 5222-c, 5222-d,
5222-e, and 5222-f of the Code of Virginia, and to further amend the Code of
Virginia by adding thereto two new sections numbered 5222-j and 5222-k,
the amended and new sections relating to the subdivision of lands, authorizing
regulations providing for public improvements on lands to be subdivided, and
providing for the enforcement of the requirements of the chapter and to
except certain counties from the provisions of this act and of pter 211-A
of the Code of Virginia. [H 352]

Approved April 2, 1948

Be it enacted by the General Assembly of Virginia:

1. That sections fifty-two hundred twenty-two-b, fifty-two hundred
twenty-two-c, fifty-two hundred twenty-two-e, and fifty-two hundred
twenty-two-f of the Code of Virginia be amended and reenacted, and that
the Code of Virginia be further amended by adding thereto two new
sections numbered fifty-two hundred twenty-two-j and fifty-two hundred
twenty-two-k as follows:

Section 5222-b. (a) From and after the effective date of regula-
tions adopted under the provisions of this chapter, any owner or pro-
prietor of any tract of land who subdivides the same shall cause a plat
of such subdivision, with references to known or permanent monuments,
to be made and recorded in the office of the clerk of the court of the
municipality or county wherein deeds are recorded, and in which county
or municipality the land so subdivided lies.

(b) Before the powers granted by this chapter may be exercised
by any municipality or county, the governing body thereof shall adopt
regulations governing subdivisions within the territorial limits defined
in this chapter. Such regulation may provide for the size, scale and
other details of the plat to be recorded, for the harmonious and economic
development of the municipality or the county, for the coordination of
streets within the subdivision with other existing or planned streets
within the region in question for widths, grades and drainage of streets,
for adequate open spaces for traffic, recreation, light and air and for a
distribution of population and traffic which will tend to create conditions
favorable to health, safety, convenience and prosperity.
Such regulations may require monuments of specific type to be
erected, establishing street and property lines. Such regulations may
provide that unless any such plat shall be filed for recordation within
sixty days after final approval thereof, such approval shall be withdrawn
and the plat marked void and returned to approving official.

(c) The governing body shall not adopt or amend any regulation
under the provisions of this chapter unless and until notice of intention
so to do has been published once a week for two successive weeks in
some newspaper published, or having general circulation, in such county
or municipality. Such notice shall specify the time, not less than ten
days after final publication as aforesaid, and place at which persons
affected may appear before the governing body and present their views.

Section 5222-c. (a) When such regulations have been adopted, a
certified copy thereof and all amendments thereto shall be filed in the
office of the engineer or other official of the municipality or county,
designated in such regulations, and in the office of the clerk of the
circuit or corporation court of the county or municipality where the
land or any part lies, and in which clerk’s office deeds are recorded.
No such plat or subdivision shall be recorded unless and until it shall
have been submitted to and approved by the governing body of the
county or municipality, as the case may be, wherein the land so sub-
divided is located, or such official or board including the local planning
commission as such governing body designates in such regulations.

(b) After the effective date of the regulations permitted and
adopted under the provisions of the preceding section, no clerk of any
court shall file or record a plat of a subdivision required by this chapter
to be recorded until such plat has been approved as required by the
preceding paragraph of this section. Where no regulations have been
adopted, such plat or plats may be recorded without such approval.

(c) Beyond the corporate limits and within a distance of five miles
therefrom of cities having a population of one hundred thousand or
more, provided that this shall not apply beyond the territorial limits of
counties touching any such city, and beyond and within a distance of
three miles from the corporate limits of cities having a population of less
than ane hundred thousand, all according to the last preceding United
States census, and within a distance of two miles from the corporate limits
of incorporated towns (except that where the corporate limits of two
municipalities are closer together than the sum of the distances from their
respective corporate limits as above set forth, in which event the dividing
line of jurisdiction shall be halfway between the limits of the overlapping
boundaries), the governing body of any such municipality may adopt
subdivision regulations both within its corporate limits and within the
distance therefrom, as above defined; provided that no such regulations
shall be finally adopted by such municipality until the governing body
of the county in which such area is located shall have been duly notified
in writing by the governing body of the municipality or its designated
agent of such proposed regulations, and requested to review and approve
or disapprove the same, and if such county fails to notify the governing
body of such municipality of its disapproval of such plan within forty-
five days after the giving of such notice, such plan shall be considered
approved. The governing body of any county may adopt regulations for
subdivisions in the unincorporated area of the county, provided that
whenever the governing body of a county desires to adopt subdivision
regulations in the county area of municipal jurisdiction located within
the county, then such county may proceed to adopt subdivision regula-
tions in such area, except that no such regulations shall be finally adopted
for such area by such county until the governing body of the municipality
adjoining the same shall have been notified in writing of such proposed
regulations, and requested to review and approve or disapprove the
same, and if such municipality fails to notify the governing body of such
county of its disapproval of such regulations within forty-five days after
the giving of such notice, the same shall be considered approved. In
either event where a disagreement arises between the county and muni-
cipality as to what regulations should be adopted for the area, and such
difference cannot be amicably settled, then after ten days prior written
notice by either to the other, either or both parties may petition the cir-
cuit court of the county wherein said area or a major part thereof lies
to decide what regulations are to be adopted, which court shall hear the
matter, and enter an appropriate order.

(d) The administration and enforcement of subdivision regulations
in so far as they pertain to public improvements as authorized in sub-
section (b) of section fifty-two hundred twenty-two-b, above, shall be
vested in the governing body of the political subdivision in which the
improvements are or are to be located.

(e) Except as provided in subsection (c) of section fifty-two
hundred twenty-two-c, the governing body which adopts subdivision
regulations as authorized in this chapter shall be responsible for adminis-
tering and enforcing the provisions of those subdivision regulations.

Section 5222-d. In any political subdivision for which regulations
requiring approval and recordation of plats have been adopted, when-
ever an owner or proprietor of any tract of land therein desires to sub-
divide the same, he shall submit a plat of the proposed subdivision to
the governing body of the municipality or its designated agent, when
the land involved lies wholly within the corporate limits, or to the gov-
erning body of the county or its designated agent when the land involved
lies wholly within the unincorporated area of the county, beyond the
area subject to the provisions of subdivision regulations adopted by the
governing body of a municipality. When the land involved lies wholly
or partly within the area subject to the joint control of the governing
bodies of a county and a municipality, the plat shall be submitted by the
owner or proprietor of the land to and be approved by the governing
bodies or their agents, of both the municipality and the county; and if
such bodies, or such agents, fail to approve the proposed plat within
thirty days after it has been submitted for approval, either party may,
after ten days’ written notice to the other party, petition the circuit court
of the county in which the land involved, or the major part thereof is
located, to decide whether the plat should or should not be approved,
and the court shall hear the matter and make and enter such order with
respect thereto, as it deems proper; provided that when the regulations
affecting any such area have been adopted by either the county or the
municipality without having been approved or disapproved by the
other, as provided in this chapter, then the plat shall be submitted to the
other party for approval or disapproval, and if such other party iails
to disapprove such plat within forty-five days after the giving of such
notice, the plat shall be deemed to be approved. Every such plat shall
be prepared by a surveyor or civil engineer duly licensed by this State,
who shall endorse upon each such plat a certificate signed by him setting
forth 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. When the plat is
of land acquired from more than one source of title, the outlines of the
several tracts shall be indicated upon such plat.

Section 5222-e. Every such plat, or the deed of dedication to which
the plat is attached, shall contain in addition to the surveyor’s or civil
engineer’s certificate provided for, a statement to the effect that the
above and foregoing subdivision of (here insert a correct description of
the land subdivided) as appears in this plat is with the free consent and in
accordance with the desire of the undersigned owners, proprietors, and
trustees, if any, which shall be signed by the owners, proprietors and
trustees, if any, and shall be duly acknowledged beforé some officer
authorized to take acknowledgment of deeds, and when thus executed
and acknowledged said plat, subject to the provisions herein, shall
be filed and recorded in the office of the clerk of court where deeds are
admitted to record for the lands contained in the plat, and indexed under
the names of the owners of lands signing such statement, and under the
name of the said subdivision.

Section 5222-f. The recordation of such plat shall operate to trans-
fer, in fee simple, to the respective counties and cities in which the land
lies such portion of the premises platted as is on such plat set apart for
streets, alleys, easements, or other public use and to create a public
right of passage over the same; but nothing herein contained shall pre-
vent the persons who set apart such land for streets and alleys, their
heirs and assigns, where otherwise they have the right so to do, from
erecting, putting down and maintaining gas or water pipes or electric
lines along or under the portions so set apart. They shall not, however,
obstruct or hinder the passage over such streets or alleys further than
is reasonably necessary while laying down, erecting or repairing such
work, pipes, wires and fixtures.

Any such plat recorded, or part thereof, whether recorded under the
provisions of this chapter or otherwise, may be vacated with the consent
of the governing body or its designated agent of the county or munici-
pality where the land lies, by the proprietors thereof, at any time before
the sale of any lot therein, by a written instrument, declaring the same to
be vacated, duly executed, acknowledged or proved and recorded in
the same clerk’s office wherein the plat to be vacated is recorded, and
the execution and recordation of such writing shall operate to destroy
the force and effect of the recording of the plat so vacated and to divest
all public rights in, and to reinvest such proprietors with the title to the
streets, alleys, easements, and public grounds laid out or described in
such plat. In cases where lots have been sold, the plat or part thereof,
whether recorded under the provisions of this chapter or otherwise, may
be vacated upon the application of all the owners of lots in said plat and
with the approval of the governing bodies of any county or municipality,
or both, where the plat has been approved by both, and their approval
shall be obtained as provided herein for the approval and recordation
of the original, and shall not be vacated otherwise.

Section 5222-j.. Any owner or proprietor of any tract of land who
subdivides that tract of land and who violates any of the provisions of
this chapter or any of the provisions of the regulations adopted as
authorized in this chapter shall be guilty of a misdemeanor, punishable
by a fine of not less than ten dollars and not more than two hundred
and fifty dollars, and each day after the first, during which violation shall
continue, shall constitute a separate violation.

Section 5222-k. In case of any violation or attempted violation of
the provisions of this chapter, or of any of the provisions of the regula-
tions adopted as authorized in this chapter, the governing body, in
addition to other remedies, may institute any appropriate action or
proceedings to prevent such violation or attempted violation, to restrain,
correct, or abate such violation or attempted violation, or to prevent any
act which would constitute such a violation.

Nothing in this act, nor in chapter two hundred eleven-a of the
Code of Virginia, shall be construed to apply to any county which
adjoins any county in this State having a density of population in excess
of one thousand per square mile according to the last preceding United
States census.