Article 2 – Administration
2.1 Administrator
This ordinance shall be administered by the Zoning Administrator who shall be appointed by the Town Council of Round Hill, Virginia to perform the following duties:
Ensure that all requirements of this ordinance are fully met by a subdivider or developer.
Provide for the inspection of improvements required by this ordinance.
Distribute copies of plans and plats to appropriate officials and agencies for their review.
Determine instances of non-compliance with this ordinance on the basis of an interpretation of this ordinance and review comments of officials and agencies.
Receive, review, and maintain records of all submissions made under this ordinance.
Issue orders for compliance to subdividers and developers including orders to discontinue work in the event of non-compliance with this ordinance and shall institute such action as may be necessary to secure compliance with this ordinance.
2.2 Planning Commission
The Planning Commission shall perform the following duties:
Evaluate the recommendations of the Administrator with regard to subdivision and development applications. Review the preliminary plat or plan submitted by a subdivider or developer and either approve, conditionally approve, or disapprove the preliminary plat or plan.
Review the final plat or plan submitted by a subdivider or developer with respect to this ordinance, the Zoning Ordinance and any other applicable documents as may be adopted by Council and either approve, conditionally approve or disapprove the final plat or plan.
Make recommendations to the Council concerning amendments to this ordinance.
2.3 Bonds
2.3.1 Bonding of required improvements shall be made to obtain guarantees acceptable to the Town insuring the timely and proper installation of required development and subdivision improvements. Bonds shall be posted to guarantee the installation of improvements for all developments described below:
All improvements described in Section 15.1-466(f) of the Code of Virginia, as amended, that will be accepted for public use and public maintenance by the Town of Round Hill or the Virginia Department of Transportation;
All other improvements required by the Zoning Ordinance and Subdivision and Land Development Regulations and also as specified in Section 15.1-466(f) of the Code of Virginia, as amended and as determined by the Administrator;
Improvement proffered as part of any zoning map amendment and required by the Administrator in accordance with Section 15.1-491.3 of the Code of Virginia, as amended;
Improvements offered as part of any variance or special exception application or required by the Board of Zoning Appeals in accordance with Section 15.1-495(b)(3) and (f) of the Code of Virginia, as amended.
2.3.2 The Town Council shall have the authority to perform the following duties:
Review and approve or disapprove and modify performance agreements;
Accept public improvements which have been installed in accordance with the final plans, subject to the conditions of section 2.3.7 of this ordinance;
Release subdividers and developers from obligations of performance agreements for installation of public improvements and release performance bonds posted to guarantee such contracts as described in Section 2.3.7 of this ordinance.
2.3.3 To establish a bond agreement, the bond agreement forms required by the Administrator shall be filed with the Administrator at least ten days prior to the Council meeting at which first consideration of the bond agreement is desired. The Administrator shall provide the Council with an estimated cost of the bonded improvements in accordance with specifications and construction schedules prepared by a professional engineer.
2.3.4 The following bond guarantees are acceptable provided they are consistent with the regulations below:
Cash escrows may be posted to guarantee any performance agreement. The funds on deposit shall bear an interest rate of 7 percent per annum. Interest shall be available to the Town in the case of default or breach of the performance agreement. If the improvements are successfully completed, this interest shall be refunded to the developer.
Irrevocable letters of credit from financial institutions are acceptable provided they are in a form acceptable to the Town, extend at least six months beyond the expiration date of the performance agreement and the financial institution notifies the Administrator in writing at least one month in advance of any cancellation including normal expiration term. The financial institution issuing the letter of credit shall be insured by the Federal Depository Insurance Corporation of the Federal Savings and Loan Insurance Corporation.
Corporate bonds are acceptable provided the bonds are in a form acceptable to the Town, are furnished by an insurance company licensed to transact fidelity and surety insurance in Virginia, and the surety holds a certificate of authority from the Federal Government to act as surety on Federal projects or has a rating of XV or better as evaluated by Best’s Key Rating.
2.3.5 Upon substantial completion of required improvements, the subdivider or developer shall notify the Administrator by certified mail, of the completion or substantial completion of improvements. The Administrator shall have all improvements of which such notice has been given inspected and shall file a written report with the Town Council indicating either approval, partial approval or rejection of such improvements with a statement of reasons for such rejection. The cost of the improvements as approved or rejected shall be set forth.
2.3.6 Performance agreements may be extended or the amount of the bonded guarantee reduced as set out below:
Performance agreements may be extended for one year periods or less. Any request for extension shall be accompanied by an estimate of the remaining work and a timetable for completion of the improvements. Council shall act within thirty (30) days of any written request to extend a performance agreement.
The amount of the bond guarantee shall be reduced by action of the Council in accordance with Section 15.1.466(i). Upon recommendation of the Administrator, the Council shall act within thirty (30) days of the receipt of any written request for a bond reduction.
2.3.7 A maintenance agreement shall be executed for the repair or replacement of defective materials and workmanship within the required public improvements for a period of one year from the actual date of Council acceptance of such improvements. A maintenance bond conforming with the requirements of Section 2.3.4 shall be submitted with the maintenance agreement. The maintenance bond shall equal five (5) percent of the total cost of the bonded improvements in the subdivision or development.
2.3.8 The Council shall accept public improvements installed by a subdivider or developer which meet the following conditions:
The completed improvements comply with the design standards of Article 4;
The public improvements has been completed in accordance with Article 5;
The installation of public improvements has been completed in accordance with the approved plans;
All final inspections required by this article have been completed and the bonded improvements were found to be acceptable;
The subdivider or developer has prepared and submitted one reproducible set and two sets of prints of plans that accurately depict the bonded improvements as actually built; and
The subdivider or developer, by appropriate instrument, has conveyed to the Town good title free of all liens to all public improvements for which the Town is to be responsible for operation and maintenance.
2.4 Reimbursement for Off-Site Road Improvements
A subdivider or developer may be eligible for reimbursement of voluntary funding of off-site road improvements in accordance with the following:
The subdivider or developer has made an advance of payments for or construction of reasonable and necessary road improvements located outside the property limits of the land owned or controlled by the developer, the need for which is substantially generated and reasonably required by the construction or improvement of his/her subdivision or development.
The governing body shall determine or confirm that the road improvements were substantially generated and reasonably required by the construction or improvement of the subdivision and shall determine or confirm the cost thereof, on the basis of a study conducted by a qualified traffic engineers and accepted and approved by the subdivider or developer.
The governing body shall prepare a report accepted and approved by the subdivider or developer, indicating the governmental services required to be furnished to the subdivision or development, and an estimate of the annual cost thereof for the period during which the reimbursement is to be made.
The governing body may make annual reimbursements to the subdivider or developer from funds available for such purpose from time to time, including but not limited to real estate taxes assessed and collected against the land and improvements on the property included in the subdivision or developments in amounts equal to the amount by which such real estate taxes exceed the annual cost of providing reasonable and necessary governmental services to such subdivision or development.