ARTICLE II. PROCEDURE

Sec. 20.5-31. Record plat.

The record plat shall be prepared and submitted to the agent no less than ten (10) working days prior to the anticipated date of recordation together with all required deed and plat recordation fees.

(a) Submittal. The subdivider shall provide three (3) reproducible copies of each plat sheet, clearly drawn in permanent black ink on .004 millimeter or thicker polyester drafting film with a matte finish on both sides, with the signatures of all owners and certification by a licensed land surveyor affixed to the plat(s) in permanent black or dark blue ink. The plat(s) shall meet the current Standards for Recorded Instruments of the Virginia State Library Board.

(b) Review by agent. Upon the submission of a record plat together with the appropriate recordation fee(s), the agent shall, within five (5) working days, review the plat to ensure full conformance with the approved final plat. Where the agent determines that any deviation exists from the approved final plat, the plats shall be returned to the subdivider with a written notice stating the specific reasons, referencing specific ordinances, regulations or policies, and generally identifying such modifications or corrections as will permit approval of the plat.

(c) Physical Improvements. Where public physical improvements are required under the terms of this chapter, the record plat shall not be recorded unless the following conditions have been met:

(1) All public physical improvements required by this chapter and shown on the approved development plan shall have been installed and approved for conformance with the approved development plan and shall have been approved for acceptance by the county, department of transportation, the health department, and/or any other applicable agency or entity; or

In lieu of actual installation and approval for acceptance of such public physical improvements, the subdivider shall, in accordance with the provisions of article VII of this chapter, have executed an agreement and a performance guarantee to construct such physical improvements as depicted on the approved development plan within a specific time frame to be determined by the agent in consultation with those departments and agencies deemed appropriate by the agent; or

A combination of the above two (2) conditions is effected.

The term "public physical improvements" as used herein includes all improvements which are installed pursuant to a requirement by this chapter, including such improvements which are ultimately to be owned by or the responsibility for maintenance is to be incurred by a property owners’ association.

(2) The subdivider shall guarantee, in accordance with the provisions of article VII of this chapter, the maintenance of any streets, sidewalks, utilities, street lights, public easements and rights-of-way shown on the development plan and final plat until such time as such facilities have been approved and accepted by the county, department of transportation, and/or any applicable agency, authority, or district to which ultimate dedication is intended. Maintenance shall be deemed to include maintenance of the streets, curb, gutter, sidewalks, drainage facilities, utilities, street lighting, landscaping, easements, rights-of-way, or other improvements, including the correction of defects and damages and the removal of snow, ice, water, debris or obstruction, so as to keep such facilities open and in good repair such that the full function of their intended public purpose is preserved.

(3) The subdivider shall indemnify, protect, and save harmless the county, its officers, agents and employees, from all losses and physical damages to property, and bodily injury or death to any person or persons which may arise from or be caused by the construction, maintenance, presence, or use of the streets, rights-of-way, utilities and public easements required by and shown on the development plan and final plat until such time as such streets, rights-of-way, utilities and public easements shall be accepted by the county, department of transportation, and/or any applicable agency, authority, or district to which ultimate dedication is intended.

(4) Upon satisfactory completion of the installation of the required improvements, the subdivider shall make application for acceptance of such improvements for operation and maintenance by the county, department of transportation, and/or any applicable agency, authority, or district to which ultimate dedication is intended.

(d) Approval by agent. Where the agent, after review of the record plat, finds said plat(s) in complete conformance with the approved final plat and that the provisions of subsection (c) above have been met, the agent shall, within ten (10) working days, sign each of the reproducible copies in permanent black ink and shall, together with any necessary deeds, cause such plat(s) to be recorded by the clerk of the circuit court. After ensuring that all necessary reference information is properly written on each copy of the plat(s), the agent shall return one (1) reproducible copy to the subdivider.

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