(a) Notwithstanding the provisions of Sections 20.5-28(d) and 29(d), if at the end of three (3) years from the date of approval of a preliminary plan a subdivider has not submitted a final subdivision plat, or has not diligently pursued approval of a submitted final plat, then the agent may, upon ninety (90) days written notice by certified mail to the subdivider, revoke the preliminary plan approval. Diligent pursuit of approval of the final subdivision plat shall mean that the subdivider has incurred extensive obligations and substantial expenses relating to the sub-mitted final subdivision plat or modifications thereto. The agent’s written notice shall cite the specific facts upon which the revocation is based. In any event, when a final subdivision plat has been timely submitted but not approved, the maximum term of validity for the associated preliminary plans shall be five (5) years, except as may be provided below.

(b) Once an approved final subdivision plat for all or a portion of the property of a multiple phase development is recorded pursuant to Code of Virginia § 15.2-2261, the underlying preliminary plat shall remain valid for a period of five (5) years from the date of the latest recorded plat of subdivision for the property.

(c) An approved final subdivision plat that has been recorded, from which any part of the property subdivided has been conveyed to third parties (other than to the developer or local jurisdiction), shall remain valid for an indefinite period of time unless and until any portion of the property is subject to a vacation action as set forth in Code of Virginia §§ 15.2-2270 through 15.2-2278.

(d) Following the expiration or revocation of any preliminary plat pursuant to (a) above the preceding subsections, any subdivision plan considered for the subject property shall be submitted and processed in accordance with all applicable procedures for new submissions.
 

(Ord. No. 08-17(R) - 3/17/09)