[HISTORY: Adopted by the Board of Supervisors
of the County of Page 4-1-1989 (Ch. 10 of the 1980 Code of the County of Page). Amendments
noted where applicable.]
This chapter is to be known and cited as the
"Subdivision Ordinance of Page County, Virginia."
The purpose and intent of this chapter is to
assure the orderly subdivision of land and its development, to realize
the wise and full utilization of our land resources, to ensure that
subdivided lands are reasonably suited for their intended purposes,
to ensure that anything which would detract from the full enjoyment
of the subdivided property for its intended purposes be fully and
fairly set forth in the plat filed of record so prospective purchasers
will be fairly apprised thereof and to promote the health, safety,
convenience and general welfare of the public.
A.
In general. For the purpose of this chapter, certain
words and terms used herein shall be interpreted or defined as follows:
words used in the present tense include the future, words in the singular
number include the plural, and the plural the singular, unless the
natural construction of the word indicates otherwise; the word "lot"
includes the word "parcel"; the word "shall" is mandatory and not
directory; the word "approve" shall be considered to be followed by
the words "or disapprove"; and reference to this chapter includes
all chapters amending or supplementing the same; all distances and
area refer to measurement in a horizontal plane.
B.
ALLEY
BUILDING LINE
CLERK OF THE COMMISSION
COMMISSION
CUL-DE-SAC
DEVELOPER
EASEMENT
GOVERNING BODY
HEALTH OFFICIAL
HIGHWAY ENGINEER
JURISDICTION
LOT
LOT, CORNER
LOT, DEPTH OF
LOT, DOUBLE-FRONTAGE
LOT, INTERIOR
LOT OF RECORD
LOT, WIDTH OF
PLAT
PRELIMINARY SUBDIVISION PLAT
PROPERTY
PUBLIC SEWER
PUBLIC WATER
SOIL SURVEY
STREET
STREET, COLLECTOR
STREET, MAJOR
STREET, MINOR
STREET OR ALLEY, PUBLIC USE OF
STREET SERVICE DRIVE
STREET WIDTH
SUBDIVIDE
(1)
(2)
(a)
(b)
(c)
(d)
(3)
(a)
(b)
(c)
(d)
[1]
[2]
[3]
[a]
[b]
[c]
[d]
[e]
[f]
[g]
[4]
[5]
[6]
[7]
[8]
[9]
(e)
(f)
(4)
(a)
(b)
(c)
[1]
[2]
[3]
[4]
[5]
[6]
[7]
(d)
(e)
(f)
(g)
(h)
(i)
SUBDIVIDER
SUBDIVISION
SURVEYOR
As used in this chapter the following terms shall
have the meanings indicated:
A permanent service way providing a secondary means of access
to abutting properties.
The distance which a building is from any street or roadway
boundary line.
The appointed representative of the governing body of Page
County who is charged with the responsibility for administering and
enforcing the provisions of this chapter and with such other specific
duties as stated herein.
The Planning Commission of Page County, Virginia.
A street with only one outlet and having an appropriate turnaround
for a safe convenient reverse traffic movement.
An owner of property being subdivided, whether or not represented
by an agent.
A grant by a property owner of the use of land for a specific
purpose or purposes.
The Board of Supervisors of Page County, Virginia.
The health director or sanitarian of Page County, Virginia.
The resident engineer employed by the Virginia Department
of Highways.
The area or territory subject to the legislative control
of the governing body.
A numbered and recorded portion of a subdivision intended
for transfer of ownership or for building development.
A lot abutting upon two or more streets at their intersection;
the shortest side fronting upon a street shall be considered the front
of the lot, and the longest side fronting upon a street shall be considered
the side of the lot.
The mean horizontal distance between the front and rear lot
lines.
An interior lot having frontage on two streets.
A lot other than a corner lot.
A lot which has been recorded in the office of the Clerk
of the Circuit Court.
The horizontal distance between the side lot lines measured
at the street front setback line.
[Amended 6-21-2005]
Includes the terms "map, plan, plot, replat or replot"; a
map or plan of a tract or parcel of land which is to be or which has
been subdivided. When used as a verb, "plat" is synonymous with "subdivide."
The proposed schematic representation of development or subdivision
that establishes how the provisions of Virginia Code §§ 15.2-2241
and 15.2-2242 and other applicable statutes will be achieved.
[Added 9-16-2008]
Any tract, lot, parcel or several of the same collected together
for the purpose of subdividing.
A sewer system owned and operated by the County of Page or
an incorporated town or a corporation franchised by the Commonwealth
of Virginia under the jurisdiction of the State Health Department
of Virginia.
A water system owned and operated by the County of Page or
an incorporated town or a corporation franchised by the Commonwealth
of Virginia and under the jurisdiction of the State Health Department
of Virginia.
A survey conducted by or approved by the Soil Conservation
Service of the United States Department of Agriculture to determine
characteristics of soils and related factors relative to suitability
for subdivision.
The principal means of access to abutting properties.
A medium-traveled Category 2 and 3 (251 to 750 cars per day)
thoroughfare which collects traffic from minor streets and directs
it to a major street as established by the standards and rules of
the Virginia Department of Transportation.*1
[Amended 6-21-2005]
A heavily traveled Category 4 (751 to 1,500 cars per day)
thoroughfare or highway that carries through traffic as established
by the standards and rules of the Virginia Department of Transportation.*1
[Amended 6-21-2005]
A Category 1 (zero to 250 cars per day) street that is used
primarily as a means of public access to the abutting properties as
established by the standards and rules of the Virginia Department
of Transportation.*1
[Amended 6-21-2005]
|
*Traffic volume is not the sole determining
factor. VDOT uses: (1) rural local; (2) rural collector; (3) rural
minor arterial; (4) rural major arterial.
| |
|
1NOTE: VDOT geometric
requirements will be based on the traffic volume and function of the
street.
|
The unrestricted use of a specified area or right-of-way
for ingress and egress to two or more abutting properties.
A public right-of-way generally parallel and contiguous to
a major highway, primarily designated to promote safety by eliminating
dangerous ingress and egress to the right-of-way by providing safe
and orderly points of access to the highway and streets ending in
cul-de-sac.
The total width of the strip from property line to property
line dedicated or reserved for public use or travel, including roadway,
curbs, gutters, sidewalks and planting strips.
To divide any tract, parcel or lot of land situated in whole
or in part in the County of Page, Virginia, into two or more lots
or parcels of land for the purpose, whether immediate or future, of
transfer of ownership or building development and includes resubdivision.
However, the term "subdivide" shall not include the following:
The straightening or rearranging of property
lines of adjoining parcels if the number of lots does not change and
the Clerk of the Commission feels that the rearrangement conforms
to the intent of this chapter.
A division of land which, in the opinion of
the Clerk of the Commission, meets all of the following requirements:
The proposed division is not in conflict with
general meaning and purpose of this chapter;
No additional streets, roads or rights-of-way
are needed to serve any parcel in the proposed division
The proposed division of land does not include
any dedication of land to public use;
No parcel, including any parcel retained or
held by the divider, resulting from such proposed division is less
than 25 acres; and
[Amended 6-21-2005]
Nonfamily division (excluding immediate family
division): In Agricultural and Woodland-Conservation zoned districts,
the Clerk may permit one division of a parcel into two parcels once
every five years, provided that:
[Amended 4-9-1990; 6-21-2005; 4-15-2008; 11-17-2009]
Any streets, roads or rights-of-way providing
means of ingress and egress for the tract to be subdivided shall be
a minimum width of 50 feet to a dedicated recorded public street.*
The parent tract has not been the subject of a previous division under this Subsection (3) within the last five years.
[Amended 11-17-2009]
A plat surveyed by a Commonwealth of Virginia
certified land surveyor which shall include the following information:
The name of the division owner, surveyor or
engineer, the date of the drawing, the number of sheets, North point
and scale. If true North is used, the method of determination must
be shown.
The location of the proposed division by an
inset map at a scale of not less than one inch equals one mile, showing
adjoining roads, their names and numbers, towns, subdivisions and
other landmarks.
The boundary survey or existing survey of record,
providing that such survey shows a closure with an accuracy of not
less than one in 2,500, and is drawn to scale of one inch equals 100
feet, unless the Clerk authorizes a different scale or graphic scale.
The survey plat shall display the following:
Total acreage.
Acreage of the divided area.
Number and approximate area of all existing
buildings and building sites.
Wells and septic systems within the boundaries
of the existing tract.
Names of adjoining property owners.
Zoning, use, and deed book and page number references
for adjoining or adjacent properties, including those across rights-of-way
and streets.
Building restriction lines (BRLs) for the proposed
parcel.
All existing, platted and proposed streets,
their names, number and width; existing utility or other easements,
public areas and parking spaces; culverts, drains, wet-weather streams
and watercourses, their names and other pertinent data.
To ensure that residents will have sufficient
land upon which to build a home which is flood-free, the subdivider
shall indicate any floodplains or floodways on the plat.
Proposed connections with existing sanitary
sewers and existing water supply or alternate means of sewage disposal
and water supply.
All parcels of land to be dedicated for public
use and the conditions of such dedication.
Two copies of all plats and deed restrictions
shall accompany the application.
Any additional information requested by the
Clerk.
Approval. The divider shall be advised, in writing,
within 15 days for nonfamily divisions, which may be by formal letter
or by legible markings on his copy of the plat, concerning any additional
data that may be required.
Fees. Nonfamily division review: $200 per division.
|
* All entrances need to be reviewed and approved
by VDOT prior to establishment in accordance with VDOT's current edition
to the Minimum Standards of Entrances to State Highways. A VDOT permit
shall be obtained prior to construction of any new entrances or improvements
of any existing entrances.
|
Immediate family member division (review fee:
$200 per division): A single division of a lot or parcel for the purpose
of sale or gift to a member of the immediate family of the property
owner, subject only to any express requirement contained in the Code
of Virginia and to the requirement imposed by the County of Page that
all lots of less than five acres have a right-of-way of not less than
20 feet providing ingress and egress to a dedicated recorded public
street or thoroughfare. The property owner requesting such subdivision
shall have held fee simple title to the property to be subdivided
for a period of five years prior to the filing of the family subdivision
application. However, only one such division shall be allowed per
family member and shall not be for the purpose of circumventing the
purpose or provisions of this chapter. The transference of newly created
immediate family lots to a person other than a member of the immediate
family shall not take place for a period less than five years. The
Clerk shall have the authority to allow a reconveyance prior to this
time period, granted that the family member seeking the exception
must provide the Clerk with documentation displaying an economic hardship,
death, or marital status change occurring within this time frame.
The aforementioned five-year reconveyance shall not prohibit a foreclosure
or judicial sale, or an encumbrance with a deed of trust or mortgage,
or a sale and transfer of such parcel in case of a foreclosure under
a deed of trust or mortgage prior to the five years. For the purpose
of this subsection, a "member of the immediate family" is defined
as any person who is a natural or legally defined offspring, stepchild,
spouse, sibling, grandchild, grandparent or parent of the owner. The
applicant shall sign an affidavit certifying he/she is an immediate
family member, which shall be recorded with the deed of conveyance
and plat. All proposed entrances or existing entrances that will generate
additional traffic will need to be reviewed and approved by VDOT prior
to establishing the location of the twenty-foot right-of-way. Any
new twenty-foot right-of-way created needs to meet minimum intersection
sight distance criteria as established by the current edition of VDOTs
Minimum Standards of Entrances to State Highways. A VDOT permit shall
be obtained prior to construction of any new entrance(s) or improvement
of any existing entrance(s). If multiple twenty-foot rights-of-way
will be created adjacent to each other, a single standard private
subdivision road/street entrance will be required to service the multiple
rights-of-way at one entrance location in accordance with VDOT's Minimum
Standards of Entrances to State Highways. The subdivider shall be
advised in writing, within 15 days, which may be by formal letter
or by legible markings on his copy of the plat, concerning any additional
data that may be required. Prior to approval, this division will require
a plat surveyed by a Commonwealth of Virginia certified land surveyor
which shall include the following information:
[Amended 6-21-2005; 4-15-2008; 11-17-2009]
The name of the division owner, surveyor or
engineer, the date of the drawing, the number of sheets, North point
and scale. If true North is used the method of determination must
be shown.
The location of the proposed division by an
inset map at a scale of not less than one inch equals one mile, showing
adjoining roads, their names and numbers, towns, subdivisions and
other landmarks.
The boundary survey or existing survey of record,
provided that such survey shows a closure with an accuracy of not
less than one in 2,500 and is drawn to a scale of one inch equals
100 feet, unless the Clerk authorizes a different scale or graphic
scale. The survey plat shall display the following:
Total acreage.
Acreage of the divided area.
Number and approximate area of all existing
buildings and building sites.
Wells and septic systems within the boundaries
of the existing tract.
Names of adjoining property owners.
Zoning, use, and deed book and page number references
for adjoining or adjacent properties, including those across rights-of-way
and streets.
Building restriction lines (BRLs) for the proposed
parcel.
All existing platted and proposed streets, their
names, number and width; existing utility or other easements, public
areas and parking spaces; culverts, drains, wet-weather streams and
watercourses, their names and other pertinent data.
To ensure that residents will have sufficient
land upon which to build a house which is flood-free, the subdivider
shall indicate any floodplains or floodways on the plat.
Proposed connections with existing sanitary
sewers and existing water supply or alternate means of sewage disposal
and water supply.
All parcels of land to be dedicated for public
use and the conditions of such dedication.
Two copies or all plats and deed restrictions
shall accompany the application.
Any additional information requested by the
Clerk.
An individual, corporation or registered partnership owning
any tract, lot or parcel of land to be subdivided or a group of two
or more persons owning any tract, lot or parcel of land to be subdivided,
who have given their power of attorney to one of their group or to
another individual to act on their behalf in planning, negotiating
for, in representing or executing the legal requirements of the subdivision.
The division of a parcel of land into three or more lots
or parcels of less than five acres each for the purpose of transfer
of ownership or building development, or, if a new street is involved
in such division, any division of a parcel of land. The term includes
resubdivision and, when appropriate to the context, shall relate to
the process of subdividing or to the land subdivided and solely for
the purpose of recordation of any single division of land into two
lots or parcels, a plat of such division shall be submitted for approval
in accordance with § 15.2-2258 of the Code of Virginia.
[Added 6-21-2005]
A person licensed and certified as such by the Commonwealth
of Virginia.[1]
[Amended 6-21-2005; 11-18-2014]
The Page County Board of Zoning Appeals (the
board) is authorized to grant variances in accordance with § 15.2-2309
of the Code of Virginia. Applications for special exceptions and variances
may be made by any property owner, government official, department,
board or bureau. Applications shall be made to the Zoning Administrator
in accordance with rules adopted by the board. The application and
accompanying maps, plans or other information shall be transmitted
promptly to the secretary of the board who shall place the matter
on the docket to be acted upon by the board. No special exceptions
or variances shall be authorized except after notice and hearing as
required by § 15.2-2204. The Zoning Administrator shall
also transmit a copy of the application to the local planning commission
which may send a recommendation to the board or appear as a party
at the hearing. No application for a special exception or variance
shall be considered by the board within one year from the date that
an application for the same or substantially the same request on the
same parcel of land was denied.
[Amended 12-12-2004]
Any person violating the provisions of this
chapter shall be subject to a fine of not more than $2,500 or imprisonment
for not more than 12 months, or both, per each lot or parcel of land
so subdivided or transferred or sold, and the description of such
lot or parcel by metes and bounds in the instrument of transfer or
other document used in the process of selling or transferring shall
not exempt the transaction from such penalties or from the remedies
herein provided.[1]
[1]
Editor's Note: Original Section 10-7, Enforcement,
which immediately followed this section, was deleted 12-12-1994.
This chapter may be amended in whole or in part
by the governing body in accordance with the requirements of § 15.1-431
of the Code of Virginia, as amended.
A.
The Clerk of the Commission shall be charged with
the enforcement of the provisions of this chapter.
B.
The Clerk of the Commission shall be the agency or
person appointed by the governing body. If no such agency or person
is appointed as Clerk, the governing body shall be deemed the Clerk
and so act until a Clerk is duly appointed. In so doing, the Clerk
shall be considered the Clerk of the governing body, and approval
or disapproval by the Clerk shall constitute approval or disapproval
as though it were given by the governing body. The Clerk shall also
consult with the Commission on matters contained herein.
C.
In the performance of his duties, the Clerk may call
for opinions or decisions, either verbal or written, from other departments
or qualified persons in considering details of any submitted plat.
In addition to the regulations herein contained for the platting of
the subdivisions, the Clerk may, from time to time, establish any
reasonable additional administrative procedures with the approval
of the governing body for the proper administration of this chapter.
[Amended 9-16-2008]
Subdivisions not otherwise exempted by definition as stated in Article I, § 100-3, of this chapter, shall be classified as follows:
A.
Class A subdivision: a subdivision creating any lot
less than three acres in the R (Residential), C-1 (Commercial), or
I-1 (Industrial) Zoning District.
B.
Class B subdivision: a subdivision which results in
all lots being three acres or more in the R (Residential), C-1 (Commercial),
or I-1 (Industrial) Zoning District.
General requirements for Class A and Class B
subdivisions shall be as follows:
A.
Preliminary sketch.
(1)
The subdivider may, if he so chooses, submit to the
Clerk a preliminary sketch of the proposed subdivision prior to his
preparing engineered preliminary and final plats. The purpose of such
preliminary sketch is to permit the Clerk to advise the subdivider
whether his plans in general are in accordance with the requirements
of this chapter. The Clerk, upon submission of any preliminary sketch,
shall study it and advise the subdivider wherein it appears that changes
would be necessary. The Clerk may mark the preliminary sketch indicating
the necessary changes, and any such marked sketch shall be returned
to the subdivider with the preliminary plat.
(2)
Requisites for preliminary sketch. It shall be drawn
on white paper or on a print of a topographic map of the property.
It shall be drawn to a scale of 200 feet or less to the inch. It shall
show the name, location and dimensions of all streets entering the
property, adjacent to the property or terminating at the boundary
of the property to be subdivided. It shall show the location of all
proposed streets, lots, parks, playgrounds and other proposed uses
of the land to be subdivided and shall include the approximate dimensions.
B.
Preliminary plat. The subdivider shall present to
the Clerk five prints of a preliminary layout at a scale of 200 feet
or less to the inch as a preliminary plat.
(1)
Requisites for preliminary plat shall be as follows:
(a)
The name of the subdivision owner, subdivider,
surveyor or engineer, the date of the drawing, the number of sheets,
North point and scale. If true North is used, the method of determination
must be shown.
(b)
The location of the proposed subdivision by
an inset map at a scale of not less than one inch equals one mile,
showing adjoining roads, their names and numbers, towns, subdivisions
and other landmarks.
(c)
The boundary survey or existing survey of record,
provided that such survey shows a closure with an accuracy of not
less than one in 2,500; total acreage, the acreage of the subdivided
area, the number and approximate area and frontage of all building
sites, the existing buildings within the boundaries of the tract and
the names of owners and their property lines within the boundaries
of the tract and adjoining such boundaries.
(d)
All existing, platted and proposed streets,
their names, number and width; existing utility or other easements,
public areas and parking spaces; and culverts, drains and watercourses,
their names and other pertinent data.
(e)
The complete drainage layout, including all
pipe sizes, types, drainage easements and means of transporting the
drainage to a well-defined natural drainage.
(f)
A cross section showing the proposed street
construction depth and type of base, type of surface, etc.
(g)
A profile or contour map showing the proposed
grades for the streets and drainage facilities, including elevations
of existing and proposed ground surface at all street intersections
and at points of major grade change along the center line of streets,
together with proposed grade lines connecting therewith.
(h)
Proposed connections with existing sanitary
sewers and existing water supply or alternate means of sewage disposal
and water supply.
(i)
All parcels of land to be dedicated for public
use and the conditions of such dedication.
(j)
A copy of all protective covenants and deed
restrictions shall accompany the plat.
(2)
Approval. The Clerk or his appointed representative
shall discuss the preliminary plat with the subdivider in order to
determine whether or not his preliminary plat generally conforms to
the requirements of this chapter. The subdivider shall then be advised,
in writing, within 45 days, which may be by formal letter or by legible
markings on his copy of the preliminary plat, concerning any additional
data that may be required, the character and extent of public improvements
that will have to be made and an estimate of the cost of construction
or improvements and the amount of the performance bond which will
be required as prerequisite to approval of the final subdivision plat.
In determining the cost of required improvements and the amount of
the performance bond, the Clerk shall consult with a duly licensed
engineer who shall prepare this data for the Clerk and/or may require
a bona fide estimate of the cost of improvements to be furnished by
the subdivider. Approval by the Clerk of the preliminary plat does
not constitute a guarantee of approval of the final plat.
C.
Final plat. Any owner or developer of any tract of
land situated within Page County, Virginia, who proposes to subdivide
the same shall cause a plat of such subdivision, with reference to
known or permanent monuments, to be made and recorded in the office
of the Clerk of the Circuit Court. No such plat of subdivision shall
be recorded unless and until it shall have been submitted, approved
and certified by the Clerk of the Commission in accordance with the
requirements set forth in this chapter. No lot shall be transferred
or sold until a final plat for the subdivision shall have been approved
and recorded. The subdivider shall have not more than six months after
receiving official notification concerning the preliminary plat to
file with the Clerk a final subdivision plat in accordance with this
chapter. Failure to do so shall make preliminary approval null and
void. The Clerk may, on written request by the subdivider, grant an
extension of this time limit.
(1)
Requisites for final plat.
(a)
Every subdivision plat which is intended for
recording shall be prepared by a certified professional engineer or
land surveyor, 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; provided, however, that nothing herein shall be deemed
to prohibit the preparation of preliminary studies, plans or plats
of a proposed subdivision by the owner of the land, city planners,
land planners, architects, landscape architects or others having training
or experience in subdivision planning or design.
(b)
In addition, the plat submitted for approval
and recording shall be clearly and legibly drawn on stable transparent
material at a scale of 200 feet to the inch on sheets having a size
of 13 1/2 inches by 17 inches, and a blank oblong space three
inches shall be reserved for the use of the Commission.
(c)
In addition, there shall be an accurate location
and dimensions by bearings and distances with all curve data on all
lots and street lines and center lines of streets, boundaries of all
proposed or existing easements, parks, school sites or other public
areas, the number and area of all building sites, all existing public
and private streets, their names, numbers and widths, existing utilities
and those to be provided, such as sanitary sewers, storm drains, water
mains, manholes and underground conduits, including their size and
type, watercourses and their names and names of owners and their property
lines, both within the boundary of the subdivision and adjoining said
boundaries.
(d)
Distances and bearings must balance and close
with an accuracy of not less than one in 10,000. All bearings shall
be calculated from State Grid North, and at least one point shall
have State Plane coordinates.
(e)
The data of all curves along the street frontage
shall be shown in detail at the curve or in a curve data table containing
the following: Delta, radius, arc, tangent, chord and chord bearings.
(f)
There shall be so indicated on the face of the
plat the lots which are currently suitable for sewage disposal system
installation by using the following language: "preliminary approval
of the local Health Department for sewage disposal system installation."
There shall be so indicated on the face of the plat the lots which
are not currently suitable for sewage disposal system installation
by using the following language: "preliminary testing by the local
Health Department indicates not suitable for sewage disposal system
installation." The Clerk shall require the subdivider to furnish evidence
from the local Health Department showing the results of the testing
of the lots shown on the final plat. There shall be indicated on the
face of the plat the date of sewage disposal system approval or disapproval
of each lot by the Health Department.
[Amended 6-21-2005]
(g)
All lots or parcels that are not approved for
sewage disposal systems after subdividing must be added to adjacent
lots or otherwise disposed of rather than being allowed to be used
as unusable parcels.
[Added 6-21-2005[1]]
[1]
Editor's Note: This ordinance also provided
for the redesignation of former Subsection C(1)(g) as Subsection C(1)(h).
(h)
A deed of dedication shall accompany the final
plat, and every such plat or deed of dedication to which the plat
is attached shall contain, in addition to the professional engineer's
or land surveyor's certificate, a statement as follows: "The platting
or dedication of the following described land (here insert a correct
description of the land subdivided) is with the free consent and in
accordance with the desire of the undersigned owners, proprietors
and trustees, if any." The statement shall be signed by such persons
and duly acknowledged before some officer authorized to take acknowledgment
of deeds. When thus executed and acknowledged, the plat, if so approved,
shall be filed and recorded in the office of the Clerk of the Circuit
Court and indexed in the general index to deeds under the names of
the owners of land signing such statement and under the name of the
subdivision.
(2)
Approval and recordation.
(a)
The Clerk shall act on any proposed plat within
60 days after it has been officially submitted for approval by either
approving or disapproving such plat, in writing, and giving with the
latter specific reasons therefor. Specific reasons for disapproval
may be contained in a separate document or may be written on the plat
itself and shall relate in general terms such modifications or corrections
as will permit approval of the plat.
(b)
If the Clerk fails to approve or disapprove
the plat within 60 days after it has been officially submitted for
approval, the subdivider, after 10 days' written notice to the Commission
or the Clerk, may petition the Circuit Court of the County to decide
whether the plat should or should not be approved. The Court shall
hear the matter and make and enter such order with respect thereto
as it deems proper, which may include directing approval of the plat.
(c)
The plat shall not be approved until the subdivider
has complied with the general requirements and minimum standards of
designs in accordance with this chapter and has made satisfactory
arrangements for bond with surety to cover the cost of necessary improvements,
in lieu of construction, to the satisfaction of the Clerk. Approval
of the final plat shall be written on the face of the plat by the
Clerk. The subdivider shall record the plat within 60 days after final
approval; otherwise, the Clerk shall mark the plat "void" and return
the same to the subdivider.
(d)
A plat of the size and scale required by this
chapter shall be submitted to the Commissioner of Revenue's office
for transfer to the Page County Tax Maps and Records at the time of
recording of any subdivision with the Clerk of the Circuit Court of
Page County.
(e)
Recordation of plat as transfer of streets,
termination of easements and rights-of-way, etc. The recordation of
such plat shall operate to transfer, in fee simple, to the County
such portion of the premises platted as is on such plat set apart
for streets, alleys or other public use and to transfer to the County
any easement indicated on such plat to create a public right of passage
over the same; but nothing contained in this subsection shall affect
any right of a subdivider of land heretofore validly reserved.
(3)
Appeal. In the event that a plat for a subdivision
is disapproved by the Clerk, the subdivider may appeal directly to
the Planning Commission of Page County, which may override the recommendation
of the Clerk and approve said plat. In the event that a plat for subdivision
is disapproved on appeal by the Planning Commission, the subdivider
may appeal to the Board of Supervisors of Page County, which may override
the recommendation of the Planning Commission and approve said plat.
If the Planning Commission and the Board of Supervisors disapprove
the proposed plat and the subdivider contends that such disapproval
was not properly based on the chapter applicable thereto or was arbitrary
or capricious, he may appeal to the Circuit Court, and said Court
shall hear and determine the case as soon as may be, provided that
the appeal is filed with the Circuit Court within 60 days of the written
disapproval by the Board of Supervisors. The subdivider shall, however,
have the right to appeal the decision of the Planning Commission directly
to the Circuit Court within 60 days of the written disapproval by
such Planning Commission.
D.
Changes. No change, erasure or revision shall be made
on any preliminary or final plat, nor on accompanying data sheets
after approval of the Clerk has been endorsed, in writing, on the
plat or sheets, unless authorization for such changes has been granted,
in writing, by the Clerk.
E.
Fees. There shall be a fee of $250 per plat and $40
per lot for the examination and review of every plat submitted to
the Clerk, said fee to be filed with the preliminary plat in the form
of a check made payable to the Treasurer of Page County. A record
of the plat and lot fee will be kept by the Clerk of the Commission
regardless of approval or disapproval of the plat. Lot fees shall
be returned if the plat is not approved; however, the plat fee of
$250 will be retained.
[Amended 6-15-1992]
F.
Bonding.
(1)
Before any subdivision plat will be finally approved
by the Clerk, the subdivider shall, as a condition for the acceptance
of dedication for public use of any right-of-way located within any
subdivision which has constructed or proposed to be constructed within
the subdivision any street, curb, gutter, sidewalk, bicycle trail,
drainage or sewer system, waterline, as part of a public system, or
other improvement, financed or to be financed in whole or in part
by private funds, be required to certify to the governing body that
the construction costs have been paid to the person constructing such
facilities or furnish to the governing body a certified check or cash
escrow in the amount of the estimated costs of construction or a personal,
corporate or property bond, with surety satisfactory to the governing
body, in an amount sufficient for and conditioned upon the construction
of such facilities or a contract for the construction of such facilities
and the contractor's bond, with like surety, in like amount and so
conditioned, or furnish to the governing body a bank or savings and
loan association's letter of credit on designated funds satisfactory
to the governing body as to the bank or savings and loan association,
the amount and the form; and, in the event that the governing body
has accepted the dedication of a road for public use and such road,
due to factors other than its quality of construction, is not acceptable
into the Virginia Department of Transportation system, the governing
body shall require the subdivider or developer to furnish the County
with a maintenance and indemnifying bond, with surety satisfactory
to the governing body, in an amount sufficient for and conditioned
upon the maintenance of such road until such time as it is accepted
into the state highway system or, in lieu of such bond, a bank or
savings and loan association's letter of credit on certain designated
funds satisfactory to the governing body as to the bank or savings
and loan association, the amount and the form. "Maintenance of such
road" shall be deemed to mean maintenance of the streets, curbs, gutters,
drainage facilities, utilities or other street improvements, including
the correction of defects or damages and the removal of snow, water
or debris, so as to keep such road reasonably open for public usage.
[Amended 6-21-2005]
(2)
The performance guaranty shall be calculated by the
Clerk to secure the required improvements in a workmanlike manner
and in accordance with specifications, geometric design standards
and construction schedules established or approved by the Virginia
Department of Transportation Engineer, the Health Official, etc. The
completion schedules shall be made known by the subdivider to the
purchasers of the properties affected. Such performance guaranty may
be extended upon application to and approval by the Clerk and the
governing body. All performance guaranties shall be payable to and
held by the governing body.
[Amended 6-21-2005]
(3)
The governing body shall provide a complete release
of any bond, escrow, letter of credit or other performance guaranty
required hereunder within 30 days after receipt of written notice
by the subdivider or developer of completion of part or all of any
facilities required to be constructed hereunder unless the governing
body notifies said subdivider or developer, in writing, of any specified
defects or deficiencies in construction and suggested corrective measures
prior to the expiration of said thirty-day period; provided, however,
that the governing body shall not be required to release such bond,
escrow, letter of credit or other performance guaranty in an amount
to exceed 90% of the actual cost of the construction for which the
bond was taken until such facilities have been completed and accepted
by the governing body or state agency. For the purposes of this subsection,
a certificate of partial or final completion of such facilities from
either a duly licensed professional engineer or land surveyor or from
a department or agency designated by the local government may be accepted
without requiring further inspection of such facilities.
G.
Resubdivision of existing lots.
[Amended 9-6-1994]
(1)
Lots in an existing subdivision may be resubdivided
if the lots resulting from such resubdivision meet all other requirements
of the Code of Page County, Virginia, including, but not limited to,
lot size, acreage and road or right-of-way access. The owner of such
lot requesting a resubdivision shall furnish to the Zoning Administrator
certified copies from the Clerk's Office of the Circuit Court of Page
County, Virginia, evidencing the restrictive covenants and restrictions
currently in effect in such subdivision. If the restrictive covenants
or restrictions in effect in such subdivision disallow redivision
of lots in the subdivision, then such proposed resubdivision shall
not be approved by the Zoning Administrator. Prior to the Zoning Administrator
authorizing approval of the resubdivision, the owner of such lot shall
apply for and receive written approval of the Page County Health Department
that the proposed lots resulting from said resubdivision shall meet
preliminary approval for a sewage disposal system installation.
[Amended 9-15-1997; 6-21-2005]
(2)
Resubdivided lots shall not be smaller in size than
those lots allowed in the original subdivision. Requests for such
resubdivision shall be accompanied by the appropriate plat as required
by this chapter.
H.
Suitability of land; flood control and drainage; sediment
and erosion control.
(1)
The Clerk shall not approve the subdivision of land
if, from adequate investigations, including a soil survey where required,
conducted by all public agencies concerned, it has been determined
that in the best interest of the public the site is not suitable for
plotting and development purposes of the kind proposed.
(2)
Land subject to frequent overflow or land with Category
E or F slopes with highly erosive soils, as determined by a soil survey,
shall not be platted for residential occupancy nor for such other
uses as may increase danger to health, life or property or aggravate
erosion or flood hazard. Such land within the subdivision shall be
set aside on the plat for such uses as shall not be endangered by
frequent overflow or shall not produce conditions contrary to public
welfare.
(3)
To ensure that residents will have sufficient land
upon which to build a house which is flood-free, the Clerk may require
the subdivider to provide elevation and flood profiles sufficient
to demonstrate the land to be completely free of the danger of floodwaters.
(4)
The subdivider shall provide all necessary information
needed to determine what improvements are necessary to properly develop
the subject property, including contour intervals, drainage plans
and flood control devices. The subdivider shall also provide a qualified
certified engineer's or surveyor's statement that such improvements,
when properly installed, will be adequate for proper development.
The Virginia Department of Transportation Engineer shall then approve
or disapprove the plans. The subdivider shall also provide any other
information required by the Virginia Department of Transportation
Engineer.
[Amended 6-15-2005]
A.
In addition to those general requirements specified in Article II, § 100-9, a proposed Class A subdivision shall be subject to the following requirements and regulations acknowledging that there is a mutual responsibility between the subdivider and Page County, Virginia, to divide the land so as to improve the general use pattern of the land being subdivided.
B.
Required improvements. All required improvements shall
be installed by the subdivider at his cost. In cases where specifications
and geometric design standards have been established either by the
Virginia Department of Highways for streets, curbs, etc., or by local
chapters and codes, such specifications shall be followed.
(1)
Lot size.
[Amended 6-21-2005]
(2)
Lot shape, design, arrangement and purpose. The lot
arrangement, design and shape shall be such that lots will provide
satisfactory and desirable sites for buildings and be properly related
to topography and conform to requirements of this chapter. Lots shall
not contain peculiarly shaped elongations solely to provide necessary
square footage of area which would be unusable for normal purposes.
(a)
Location. Each lot shall abut on a street dedicated
by the subdivision plat or on an existing publicly dedicated street
or part of the highway system. If the existing streets are not of
sufficient width to comply with this chapter, the subdivider shall
dedicate enough land to provide a street of sufficient width to conform
with the requirements of this chapter measuring from the center line
of said existing street for 1/2 of the total width.[1]
[1]
Editor's Note: Former Subsection B(2)(b), Building line; B(2)(c) Corner; and B(2)(d), Cul-de-sac, which immediately followed this subsection, were repealed 6-21-2005. This ordinance also provided for the redesignation of former Subsections B(2)(e) through (j) as Subsections B(2)(b) through (g), respectively.
(b)
Side lines. Side lines of lots shall be approximately
at right angles or radial to the street line.
[Amended 6-21-2005]
(c)
Remnants. All remnants of lots below minimum
size left over after subdividing of a tract must be added to adjacent
lots or otherwise disposed of rather than allowed to remain as unusable
parcels.
(d)
Separate ownership. Where the land covered by
a subdivision includes two or more parcels in separate ownership and
lot arrangement is such that a property ownership line divides one
or more lots, the land in each lot so divided shall be transferred
by deed to single ownership, simultaneously with the recording of
the final plat. Said deed is to be deposited with the Clerk of the
Court and held with the final plat until the subdivider is ready to
record the same, and they both shall then be recorded together.
(e)
Business or industrial lots. Lots intended for
business or industrial use shall be designated specifically for such
purposes with adequate space set aside for off-street parking and
delivery facilities. Each case must be approved in advance by the
Planning Commission of Page County.
(f)
Automobile access required. All lots appearing
on a subdivision plat will have access by conventional automobiles
primarily designed for highway use to an approved building site on
that lot, or, if any lot does not have such access, sufficient warning
will be set forth on the plat to so alert prospective purchasers.
Any lot not having such access and which is identified by such warning
will have access to sufficient area for off-street parking that will
accommodate at least two ten-foot by twenty-foot parking spaces.
(g)
Lots marked. Lot corners shall be marked with
iron pipe not less than 3/4 inch in diameter and 36 inches long and
driven so as to be not less than 10 inches above the ground with finished
grade. When rock is encountered, a hole shall be drilled four inches
deep in the rock, into which shall be cemented a steel rod 1/2 inch
in diameter, the top of which shall be not less than 10 inches above
the finished grade.
(3)
Blocks.
(a)
Length. The maximum length of blocks shall be
1,200 feet, and the minimum length of blocks upon which lots have
frontage shall be 500 feet.
(b)
Width. Blocks shall be wide enough to allow
two tiers of lots of minimum depth, except where backing on major
streets, unless prevented by topographical conditions or size of the
property, in which case the Clerk may approve a single tier of lots
of minimum depth.
(c)
Orientation. Where a proposed subdivision will
adjoin a major road, the Clerk may require that the greater dimension
of the block shall back upon such major thoroughfare to avoid unnecessary
ingress or egress.
(4)
Streets.
(a)
Alignment and layout. The arrangement of streets
in new subdivisions shall make provision for the continuation of existing
streets in adjoining areas. The street arrangement must be such as
to cause no unnecessary hardship to owners of adjoining property when
they plat their own land and seek to provide for convenient access
to it. Where, in the opinion of the Clerk, it is desirable to provide
for street access to adjoining property, proposed streets shall be
extended by dedication to the boundary line of such property where
they shall terminate in temporary culs-de-sac. Upon extension to the
adjacent street system, remnants of the temporary cul-de-sac shall
revert to the lot owners adjoining said cul-de-sac. Half streets along
the boundary of land proposed for subdivision shall not be permitted.
Whenever possible, streets shall intersect at right angles as established
by the standards and rules of the Virginia Department of Transportation.
[Amended 6-21-2005]
(b)
Service drives. Whenever a proposed subdivision
contains or is adjacent to a limited access highway or expressway,
provision shall be made for a service drive or marginal street approximately
parallel to such right-of-way at a distance suitable for an appropriate
use of the land between such highway and the proposed subdivision.
Such distance shall be determined with due consideration of the minimum
distance required for ingress and egress to the main thoroughfare.
The right-of-way of any major highway or street projected across any
railroad, limited access highway or expressway shall be of adequate
width to provide for the cuts or fills required for any future separation
of grades as established by the standards and rules of the Virginia
Department of Transportation.
[Amended 6-21-2005]
(c)
Approach angle. Major streets shall approach
major, collector or minor streets at an angle of not less than 80°;
and in all hillside areas, streets running with contours shall be
required to intersect at angles not less than 60°, unless the
Clerk, upon recommendation by the Virginia Department of Transportation
Engineer, shall approve a lesser angle of approach for reasons of
contour, terrain or matching of existing patterns as established by
the standards and rules of the Virginia Department of Transportation.
[Amended 6-21-2005]
(d)
Minimum widths. The minimum widths of proposed
streets, measured from lot line to lot line, shall be as shown on
the major street plan as established by the standards and rules of
the Virginia Department of Transportation.
[Amended 6-21-2005]
(e)
Access streets, roads or rights-of-way. Any
street, road or right-of-way providing means of ingress and egress
for the tract to be subdivided shall be of a minimum width of 50 feet.
(f)
Construction requirements. All subdivision streets
and roads shall be constructed in accordance with the Virginia Department
of Transportation secondary subdivision roads specifications and requirements.
[Amended 6-21-2005]
(g)
Alleys. Alleys should be avoided wherever possible.
Dead-end alleys, if unavoidable, shall be provided with adequate turnaround
facilities as determined by the Clerk.
(h)
Private streets and reserve strips. There shall
be no private streets platted in any subdivision. Every subdivided
property shall be served from a publicly dedicated street. There shall
be no reserve strips controlling access to streets.
(i)
Cul-de-sac. Minor terminal streets (cul-de-sac)
designed to have one end permanently closed shall be no longer than
400 feet to the beginning of the turnaround. Each cul-de-sac must
be terminated by a turnaround having a right-of-way width as established
by the standards and rules of the Virginia Department of Transportation.
[Amended 6-21-2005]
(j)
Names. Proposed streets which are obviously
in alignment with other already existing and named streets shall bear
the names of the existing streets. In no case shall the names of proposed
streets duplicate existing street names, irrespective of the use of
the suffix street, avenue, boulevard, drive, way, place, lane or court.
Street names shall be indicated on the preliminary and final plat
and shall be approved by the Clerk. Names of existing streets shall
not be changed except by approval of the governing body. The Clerk
shall keep a list of all street names.
(k)
Identification signs. Street identification
signs of a design consistent with the regulations of the Virginia
Department of Transportation shall be installed at all intersections.
Also need to be consistent with regulations of County of Page since
named street identification signs are not installed or maintained
by VDOT.
[Amended 6-21-2005]
(l)
Monuments. Concrete monuments four inches in
diameter or square and three feet long, with flat top, shall be set
at all street corners, at all points where the street line intersects
the exterior boundaries of the subdivision, and at right angles, point
and points of curve in each street. The top of the monument shall
have an appropriate mark to identify properly the location and shall
be set three inches above the finished grade. Upon completion of subdivision
streets, sewers and other improvements, the subdivider shall make
certain that all monuments required by this chapter are clearly visible
for inspection and use. Such monuments shall be inspected and approved
by the Clerk before any improvements are accepted by the governing
body.
(5)
Sewage disposal system. The Clerk shall require that
data from a soil survey be submitted as a basis for passing upon subdivisions
dependent upon on site sewage disposal as a means of sewage disposal.
The Clerk shall not approve any subdivision where a sanitary sewer
system is not provided, unless the Clerk shall receive, in writing,
from the Soil Conservationist of the United States Department of Agriculture
a statement to the effect that the area contained in the subdivision
is generally satisfactory for the installation of sewage disposal
systems and that they will not, so far as can be determined, create
hazards to public health and that such approval by the Clerk is only
with the understanding that where on site sewage disposal systems
are to be installed these must be approved on an individual lot basis
by the State Health Department of Virginia or the Local Health Official.
[Amended 6-21-2005]
(6)
Easements. The Clerk may require that easements for
drainage through adjoining property be provided by the subdivider.
Easements of not less than 15 feet in width shall be provided for
water, sewer, power lines and other utilities in the subdivision when
required by the Clerk.
(7)
Public water. Where public water is available within
200 feet of the boundary line of the subdivision, the services shall
be extended to all lots within said subdivision.
(8)
Private water and/or sewer. Nothing in this chapter
shall prevent the installation of privately owned water distribution
systems or sewage collection and treatment facilities; provided, however,
that any such installations must meet all of the specific requirements
of the State Health Department, and specific approval of the same
must be obtained from the Commission.
[Amended 6-21-2005]
(9)
Fire protection. The installation of adequate fire
hydrants in a subdivision at locations approved by the Clerk shall
be required, provided that public water is available. The Clerk shall
consult with the National Board of Fire Underwriters before approving
such locations.
A.
In addition to those general requirements specified in Article II, § 100-9, a proposed Class B subdivision shall be subject to the following requirements and regulations, acknowledging that there is a mutual responsibility between the subdivider and Page County, Virginia, to divide the land so as to improve the general use pattern of the land being subdivided.
B.
Requirements.
(1)
Roads. Each lot shall front on a public right-of-way
of a minimum to be in accordance with the Virginia Department of Transportation
secondary subdivision road specifications and requirements, and each
lot shall have a minimum frontage on said right-of-way of 200 feet
with specific requirements as follows:
[Amended 6-21-2005]
(a)
All subdivision streets and roads shall be constructed
in accordance with the Virginia Department of Transportation secondary
subdivision roads specifications and requirements.
(b)
An adequate cul-de-sac shall be provided in
accordance with the Virginia Department of Transportation to allow
safe maneuvering by service vehicles, highway equipment, school buses
and fire trucks.
(c)
Private entrances to lots shall be at least
50 feet apart and shall be arranged in such manner as to assure the
safe channelization of traffic.
(d)
At all intersecting streets, a relatively flat
landing should be provided on the side streets and should be of sufficient
length to accommodate at least one vehicle. An appropriate transition
vertical curve shall be provided to blend intersecting routes and
to direct storm drainage to the curb or ditch to prevent the sheet
flow of drainage across the intersection from the intersecting street.
(2)
Access streets, roads or rights-of-way. Any streets,
roads or rights-of-way providing means of ingress and egress for the
tract to be subdivided shall be of a minimum width of 50 feet.
Whenever any part of any subdivision lies within
the corporate limits of any town having a zoning or other land use
ordinance, the Planning Commission may require compliance with such
town's ordinances, in lieu of this chapter, in order to provide for
unity of subdivision and to avoid future conflicts in case of the
expansion of such town if, in their judgment, this compliance would
be necessary for the protection of the health, safety and welfare
of future residents and for the orderly development of the general
area.
[Added 6-21-2005]
In no case shall pit or tank privies be approved
in any zoning districts unless approved by the Board of Supervisors.
A subdivider, when advertising a subdivided
tract of land for sale, shall be specific as to the following items:
A.
Whether officially approved public water and public
sewage facilities are available or not;
B.
The amount of officially public approved water available
to each lot purchaser in terms of gallons per day; and
[Amended 6-21-2005]
C.
No advertising signs advertising a subdivision tract
for sale shall be placed within VDOT's roadways rights-of-way.
[Amended 6-21-2005]
