HomeMy WebLinkAboutSUB201300102 Review Comments 2013-07-22 Christopher Perez
From: Bill Fritz
Sent: Tuesday, July 23, 2013 2:55 PM
To: Christopher Perez
Subject: FW: Longacre Farm
William D. Fritz, AICP
Chief of Special Projects
434 -296 -5823 ext. 3242
From: Bill Fritz
Sent: Monday, July 01, 2013 2:40 PM
To: 'Nat Perkins'; 'weyman @cartersbreads.com'
Subject: Longacre Farm
Good news, I found nothing in the preliminary or final approval that would prevent the elimination of the easement on
Lot 1. The elimination of the easement should be processed as an "easement plat" in accord with the provisions of 14-
208.2. That section sets out the plat content. The review fee is $200. (reference 14 203(D)4). Please remember that the
owners of both Lot 1 and Lot 2 will need to sign the plat.
Please let me know if you need anything else.
The section of the state code dealing with the period of validity of a plat is § 15.2- 2209.1. (It references January 1, 2011
as the starting date but the prior language of this section read January 1, 2009. Therefore, you have to keep the prior
extension language in mind when calculating the dates of validity.)
§ 15.2 - 2209.1. Extension of approvals to address housing crisis.
A. Notwithstanding the time limits for validity set out in § 15.2 -2260 or 15.2 -2261, or the provisions of
subsection F of § 15.2 -2260, any subdivision plat valid under § 15.2 -2260 and outstanding as of January 1,
2011, and any recorded plat or final site plan valid under § 15.2-2261 and outstanding as of January 1, 2011,
shall remain valid until July 1, 2017, or such later date provided for by the terms of the locality's approval, local
ordinance, resolution or regulation, or for a longer period as agreed to by the locality. Any other plan or permit
associated with such plat or site plan extended by this subsection shall likewise be extended for the same time
period.
B. Notwithstanding any other provision of this chapter, for any valid special exception, special use permit, or
conditional use permit outstanding as of January 1, 2011, and related to new residential or commercial
development, any deadline in the exception permit, or in the local zoning ordinance that requires the landowr �r
or developer to commence the project or to incur significant expenses related to improvements for the project
within a certain time, shall be extended until July 1, 2017, or longer as agreed to by the locality. The provisions
of this subsection shall not apply to any requirement that a use authorized pursuant to a special exception,
special use permit, conditional use permit, or other agreement or zoning action be terminated or ended by a
certain date or within a set number of years.
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C. Notwithstanding any other provision of this chapter, for any rezoning action approved pursuant to § 15.2-
2297, 15.2 -2298, or 15.2 -2303, valid and outstanding as of January 1, 2011, and related to new residential or
commercial development, any proffered condition that requires the landowner or developer to incur significant
expenses upon an event related to a stage or level of development shall be extended until July 1, 2017, or longer
as agreed to by the locality. However, the extensions in this subsection shall not apply (i) to land or right -of-
way dedications pursuant to § 15.2 -2297, 15.2 -2298, or 15.2 -2303, (ii) when completion of the event related to
the stage or level of development has occurred, or (iii) to events required to occur on a specified date certain or
within a specified time period. Any proffered condition included in a special exception, special use permit, or
conditional use permit shall only be extended if it satisfies the provisions of this subsection.
D. The extension of validity provided in subsection A and the extension of certain deadlines as provided in
subsection B shall not be effective unless any unreleased performance bonds and agreements or other financial
guarantees of completion of public improvements in or associated with the proposed development are continued
in force; however, if the locality has enacted a bonding moratorium or deferral option, the performance bonds
and agreements or other financial guarantees of completion may be waived or modified by the locality, in which
case the extension of validity provided in subsection A and the extension of certain deadlines provided in
subsection B shall apply. The landowner or developer must comply with the terms of any bonding moratorium
or deferral agreement with the locality in order for the extensions referred to in this subsection to be effective.
(2009, c. 196; 2011, c. 272; 2012, c. 508.)
William D. Fritz, AICP
Chief of Special Projects
434 - 296 -5823 ext. 3242
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