A.
This chapter shall hereinafter be known as and may be cited as the
"Subdivision Ordinance of Carroll County, Virginia."
B.
It is adopted pursuant to the authority of Title 15.2, Chapter 22,
Article 6, et seq., of the Code of Virginia of 1950 and amendments
thereto.
C.
The provisions of this chapter shall apply to all land within Carroll
County, Virginia, which is not within the jurisdiction of incorporated
municipalities.
This chapter is adopted for the following purposes:
A.
To promote the public safety, convenience, comfort, prosperity and
general welfare of the citizens of the County.
B.
To promote the orderly layout and use of land.
C.
To provide a guide for the change that occurs when land and acreages
become urban in character as a result of development for residential,
business or industrial purposes.
D.
To avoid the undue concentration of population and the overcrowding
of land.
E.
To bring about the coordination of streets within subdivisions with
other existing and planned streets.
F.
To provide for the safe and efficient circulation of traffic.
G.
To avoid hazardous intersections and other dangerous conditions.
H.
To establish construction standards for streets and other improvements.
I.
To provide for proper ingress and egress.
J.
To ensure proper legal description and proper monumenting of subdivided
land.
K.
To secure safety from flood, fire, panic and other danger.
L.
To facilitate the further resubdivision of tracts or parcels of land.
M.
To provide for adequate drainage and flood control.
In the construction of this chapter, the rules contained in
this section shall be observed and applied, except when the context
clearly indicates otherwise:
A.
Words used in the present tense shall include the future; words used
in the singular number shall include the plural number, and the plural,
the singular.
B.
The word "lot" includes the words "plot" and "parcel."
C.
The word "shall" is mandatory and not discretionary.
D.
The word "may" is permissive.
E.
The word "approved" shall be considered to be followed by the words
"or disapproved."
F.
The masculine gender includes the feminine and neuter.
G.
Any references to "this chapter" include all ordinances amending
or supplementing the same.
H.
All distances and areas refer to measurement in a horizontal plane.
For the purpose of this chapter, certain words or terms used
herein shall be defined as follows:
The Carroll County Planning Commission having been appointed
to serve as the agent of the Board in administering all provisions
of the Subdivision Ordinance.
A representative of the Administrator and the Board of Supervisors
designated to serve as the agent of the Administrator and the Board
in approving and disapproving subdivision plats.
A public or private right-of-way primarily designed to serve
as secondary access to the side or rear of those properties whose
principal frontage and access is on a street.
Authorized on-site soil evaluator.
The Board of Supervisors of Carroll County, Virginia.
A division of a parcel of land solely to change the boundaries
of adjoining parcels and not for the purpose of building or the construction
of improvements. The resulting parcels so adjusted must be added to
and subtracted from existing parcels and may not reduce an existing
parcel to create a parcel which does not meet the acreage herein required.
Previous lot lines are to be vacated.
Any structure built for the support, shelter or enclosure
of persons, animals, chattel or movable property of any kind and which
is permanently affixed to the land and any structure which, pursuant
to the Virginia Uniform Building Code, requires a building permit
in order to be placed or erected.
Carroll County, Virginia.
A local public street having only one end open to traffic
and the other end being permanently terminated by an appropriate turnaround
for the safe and convenient reversal of traffic movement.
An owner of property being subdivided, whether or not represented
by an agent.
A grant by the property owner of the use of land for a specific
purpose or purposes.
An engineer licensed by the Commonwealth of Virginia.
The program administered by Virginia Soil and Water Conservation
Board pursuant to the Code of Virginia § 10.1-560[1] including regulations designed to minimize erosion and
sedimentation.
Any person who is a natural or legally defined offspring,
spouse, sibling, grandchild, grandparent, parent, aunt, uncle, niece
or nephew of the owner.
Any person may subdivide for the purpose of transfer to an immediate family member a single division of property of one lot or parcel of land to any immediate family member as the same is defined in this § 216-4, pursuant to § 15.2-2244 of the Code of Virginia 1950, as amended. Family subdivisions shall comply with the requirements and specifications set forth in § 216-30 of this chapter.
A map or plan of a subdivision of land which meets all requirements of this chapter, including any accompanying material, as described in Article V of this chapter.
A tract or parcel of property connected to the state-maintained
road by a narrow strip of property known as the "flag pole." The flag
pole is to be a part of the flag lot. The minimum building setback
line shall be measured from the point where the flag pole meets the
flag lot. The maximum number of flag lots shall be three or for the
division of tracts or parcels of greater than 10 acres being subdivided
into 10 or more tracts or parcels, the maximum number of flag lots
shall not exceed 30% of the total number of lots created. All flag
lots shall be a minimum of 1.5 acres in size. Any further divisions
of flag lots shall comply with all appropriate provisions of this
chapter.
A narrow strip of property connecting a flag lot to the state-maintained
road. The minimum width of a flag pole shall be 20 feet. The maximum
length of a flag pole shall be 1,000 feet. The maximum number of contiguous
flag poles shall be two.
The length of the property line of any lot, lots or tract
of land measured at the front setback line along a street, road or
highway against which land abuts.
The Health Director of Sanitarian of Carroll County, Virginia,
or his designated agent.
The Virginia Department of Transportation.
The engineer employed by the Highway Department serving Carroll
County.
All public utilities and facilities, including but not limited
to streets, storm and sanitary sewer systems, curbs and gutters, culverts,
catch basins and other drainage structures, waterlines and fire hydrants,
sidewalks and street signs.
The area or territory subject to the legislative control
of the Board of Supervisors.
A numbered and recorded portion of a subdivision intended
for transfer or for building development for a single building and
its accessory building.
A lot at the end of a block and located between two corner
lots.
A lot abutting two or more streets at their intersections.
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 horizontal distance between the front and rear lot lines.
A lot other than a corner lot.
A lot which has been recorded among the land records in the
office of the clerk of the appropriate court.
A lot which has a pair of opposite lot lines along two substantially
parallel streets and which is not a corner lot. On a "through lot"
both street lines shall be deemed front line.
The mean horizontal distance between the side lines of a
lot measured along the front yard setback line.
Network service access point.
Any person, group of persons, firm, corporation or any other
legal entity having legal title to the land sought to be subdivided
under the chapter.
The Planning Commission of Carroll County, Virginia.
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."
Any place, tract, lot, parcel of land or several of the same
collected together for the purpose of subdividing.
Carroll County Public Service Authority.
Any division or transfer of land, laid out on a plat previously
filed in the Circuit Court of Carroll County, which proposes to change
property lines or public rights-of-way not in strict accordance with
the recorded subdivision.
A piece or strip of land set aside for use as a street, crosswalk,
railroad, electric transmission line, oil or gas pipeline, water main,
sanitary or storm sewer main or for another public use.
That portion of a street used by vehicular traffic.
That distance from a street right-of-way or boundary of adjacent
property upon which a building or other structure may be built
A public right-of-way which offers a means of vehicular access
to properties or provides for through traffic, whether designated
as a highway, parkway, turnpike, street, avenue, road, boulevard,
throughway, lane place, alley or any other thoroughfare. A "street"
shall be deemed the total length and width of the strip of land dedicated
for public travel, including such improvements as may be required.
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, representing or executing the legal requirements of the subdivision.
Any division of a lot or parcel of land. The term includes
resubdivision and shall relate to the process of subdividing or to
the land subdivided. A boundary line adjustment as herein defined
shall not be considered a subdivision; however, the plat of such division
shall be reviewed and approved by the agent before recordation. Subdivisions
in Carroll County are classified as Class A subdivisions, Class B
subdivisions or family subdivisions. Subdivisions may be completed
in phases. For multiple phase subdivisions, a subdivision map key
or subdivision overlay map must be included and all properties to
be subdivided shall physically connect.
Class A subdivisions are standard subdivisions and shall comply
with all requirements of this chapter.
Class B subdivisions are subdivisions intended for the primary
purpose of erecting non-primary recreational dwellings. Lots within
Class B subdivisions will not receive public services, and the streets
serving such subdivisions will not be constructed to the standards
of the Virginia Department of Transportation (VDOT) or maintained
by VDOT or public funds. All streets within a Class B subdivision
shall be maintained by the developer or a homeowners' association.
No Class B streets shall serve as a thoroughfare between two state-maintained
roads. All lots in Class B subdivisions shall be a minimum of 2.5
acres in size and shall not be resubdivided. Class B subdivisions
shall comply with all requirements of this chapter but shall have
reduced requirements for streets as herein provided.
Class C subdivisions are nonstandard subdivisions intended for
the primary purpose of erecting primary dwellings. Class C subdivisions
are intended to allow limited subdivision of parcels of real estate
in existence as of January 1, 2014, which lack road frontage and/or
acreage necessary to develop a Class A or Class B subdivision on the
parcel. Therefore, no Class C subdivision may be created except on
parcels existing and recorded in the office of the Clerk of the Circuit
Court of Carroll County, Virginia, before January 1, 2014, and which
parcel lacks road frontage and/or acreage necessary to develop a Class
A or Class B subdivision pursuant to the provisions of the Carroll
County Subdivision Ordinance. The maximum number of lots allowed in
a Class C subdivision shall be five lots. Lots within Class C subdivisions
will not receive public services and the streets serving such subdivisions
will not be constructed to the standards of the Virginia Department
of Transportation (VDOT) or maintained by VDOT or public funds. All
streets within a Class C subdivision shall be maintained by the developer
or a homeowners' association. All lots in Class C subdivisions
shall be a minimum of 1.5 acres in size and shall not be resubdivided.
Class C subdivisions shall comply with all requirements of this chapter
but shall have reduced requirements for streets as herein provided.
Family subdivisions are as herein defined.
[1]
Editor's Note: See now § 62.1-44.15:51 et seq.,
Code of Virginia.
A.
In their interpretation and application, the provisions of this chapter
shall be held to be the minimum requirements for the promotion of
the public health, safety and general welfare.
B.
Where the conditions imposed by any provisions of this chapter upon
the subdivision of land are either more restrictive or less restrictive
than comparable conditions imposed by any other provisions of this
chapter or of the provisions of any other ordinances of Carroll County,
the regulations which are more restrictive and impose higher standards
or requirements shall govern.
C.
This chapter is not intended to annul any easement, covenant or other
private agreement, provided that where the regulations of this chapter
are more restrictive or impose higher standards or regulations than
such easement, covenant or other private agreement, the requirements
of this chapter shall govern.
A.
The Carroll County Planning Commission and the agent are hereby delegated
the authority to administer this chapter.
B.
The Planning Commission and the agent shall perform all duties regarding
subdivision and subdividing in accordance with this chapter and applicable
state authority.
C.
In the performance of his duties, the Planning Commission and the
agent may call for written opinions or decisions from County officials
in considering details of any submitted plat.
D.
Plats to be considered at the next meeting of the Planning Commission
shall be submitted in the agent's office at least 14 business
days prior to the Planning Commission meeting.
E.
The Planning Commission meeting shall meet on such days and at such
times as the Planning Commission shall, by resolution duly adopted,
directs.
