A.
The Administrator, in the examination of subdivision plats for approval
and in the application of this chapter, shall see that the minimum
standards of this chapter are met.
B.
Land which the Administrator determines, after review, to be unsuitable
for development because of vulnerability to flooding, poor drainage,
or other characteristics likely to be harmful to the public health,
safety or welfare or adjacent land, shall not be permitted for development
unless adequate methods to correct all such hazards are devised, approved
by the Administrator and constructed or bonded for construction prior
to approval of the final plat. In determining land not suitable for
development, the following guidelines shall be used to identify areas
where development or construction shall not be allowed:
(1)
Wetlands, swamps, natural drainageways, etc.;
(2)
Areas critical to the provisions of water sources (e.g., springs,
fragile watersheds, etc.);
(3)
Areas subject to geological hazards (faults, landslides, etc.);
(4)
No land shall be subdivided for residential use in the areas where
all land is designated as within the one-hundred-year floodplain.
C.
No land shall be subdivided for residential use which is held by
the Administrator, after determination by the resident Highway or
County Health Department in accordance with applicable County and
state health standards, to be unsuitable for such use by reason of
adverse earth or rock formation or topography or any other reason
likely to be harmful to the health, safety or welfare of the future
residents in the proposed subdivision.
D.
All land to be subdivided and roads to be constructed within a Class
A subdivision shall be served by state-maintained public roads for
access to the subdivision.
E.
All land to be subdivided and roads to be constructed within a Class
B subdivision may be served by a minimum existing 30 feet right-of-way
from a state-maintained road to the entrance of the subdivision, contingent
upon approved access to the state-maintained road in accordance with
Virginia Department of Transportation entrance standards.
F.
Areas with slopes greater than 33% may not preclude development; however, they may add special problems for development and shall be reviewed by the County Engineer. Should the County Engineer determine that special problems for development exists, the developer must present a plan for corrective action developed by an engineer licensed in the Commonwealth of Virginia. The corrective plans will be reviewed by the County Engineer and a recommendation for approval or modification made to the Administrator and agent to consider as part of the development approval process. Once approved, improvements to be constructed pursuant to such approved plans shall be subject to § 216-38 of this chapter.
The Administrator may require subdividers of residential subdivisions
to set aside land for sidewalks, bicycle paths, parks, playgrounds,
schools, libraries, municipal buildings, historical landmarks and
similar public and semipublic uses in accordance with the Carroll
County Comprehensive Land Use Plan and subject to the following regulation:
A.
Subdividers shall not be required to reserve land for public purposes
other than streets and drainage easements except on a reimbursement
basis. They shall be reimbursed by the jurisdiction or agency requiring
the land. They shall not be required to hold the land longer than
18 months following the recording of the plat for such purposes. If
the land is not purchased within said 18 months, it may be sold as
lots for the same purposes for which the subdivision was platted.
To facilitate such possible eventual sale of reserved land as separate
lots, the subdivider shall show on his final plat, by dotted lines
and dotted numbers, the area and dimensions of lots to be created
within the boundaries of any such reserved land and may sell such
lots, after the expiration date of the reservation, by number without
filing an amended plat.
B.
Where land is required for public purposes other than streets and
drainage easements, the reimbursement by the governing body shall
be based on a proportionate share of the value of raw land; cost of
improvements, including interest on investment; and development cost;
and not less than 10% profit on the total of such costs.
C.
The Administrator shall make certain that lands so reserved are divisible
in the same manner as the remainder of the subdivision, so that the
subdivider will not be required to reserve an unusable portion of
his subdivision.
D.
NSAP 400 square feet of land designated for the purpose of utility
access.
No subdivision nor any lot lines in a subdivision may be changed,
altered or vacated except as provided in Title 15.2, Chapter 22, Article
6, of the Code of Virginia,
A resubdivision of all or any part of a recorded subdivision
shall not be made or recorded until submitted and approved as described
in this chapter. The procedure for resubdivision shall be the same
as that for subdivision.
The maximum allowable error of closure shall be as stipulated
by the Virginia Department of Professional and Occupational Regulation.
A subdivider, when advertising a subdivided tract of land for
sale, shall specify in writing as to the following items:
A.
Whether officially approved water and sewage facilities are available
or not.
B.
If any deed restrictions are placed upon the lots in the subdivision,
such restrictions shall be advertised or a statement given as to where
a copy of the restrictions can be obtained.
C.
The advertisement shall state whose responsibility it is to maintain
the streets in the subdivision. A copy of all advertisement to be
used or used in the sale of said property shall be furnished to the
Administrator with the final plat.
A.
Any owner, proprietor or developer of any tract of land situated
within the jurisdiction of this chapter who subdivides such tract
shall cause a plat to be made of such subdivision and shall cause
said plat to be recorded in the office of the Circuit Court of Carroll
County. The plat shall be in accordance with the provisions of this
chapter.
B.
No plat of a subdivision shall be recorded until each plat shall
have been approved, and such approval evidenced thereon, in accordance
with the provisions of this chapter.
C.
No permit shall be issued for the erection or occupancy of any structure
or building to be located in any subdivision, a plat whereof is required
to be recorded pursuant to the provisions of this chapter, until such
plat shall have been approved and recorded as herein provided.
D.
No lot shall be sold in any subdivision before the plat has been recorded. A violation of this provision shall be punishable in accordance with § 216-38 of this chapter; however, nothing herein shall be construed to prevent the recordation of the instrument by which the land is transferred or the passage of title between the parties to the instrument.
E.
Every subdivision plat submitted for approval and recordation shall
be prepared by a certified land surveyor or any person duly licensed
by the Commonwealth of Virginia, who shall endorse upon each such
plat a certificate signed by him setting forth the source of the 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. No provision of this chapter shall
preclude the preparation of a preliminary plat by an architect, landscape
architect, engineer, or land planner.
F.
Every such plat shall contain 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 trustee, if any." The statement shall be signed by such persons
and duly acknowledged before some officer authorized to take acknowledgement
of deeds.
G.
There shall be a charge of $15 per parcel for the examination and
approval or disapproval of every small subdivision plat containing
four new parcels or less, for both preliminary and final, reviewed
by the agent. There shall be a charge in the amount of $150 for the
examination and approval or disapproval of every other subdivision
plat, for both preliminary and final, plus a charge of $25 per each
lot described thereon. At the time of filing the preliminary plat,
the subdivider shall deposit the required fee with the agent. The
plat shall not be processed for approval or disapproval until the
required fee has been paid.
H.
The preparation and recording of subdivision plats shall be done
in accordance with the provisions of Title 15.2, Chapter 22, Article
6, of the Code of Virginia 1950, as now or hereafter in effect.
I.
If a property report is required by the United States Department
of Housing and Urban Development in the developing of a subdivision,
a copy of the report shall be submitted to the Administrator of this
chapter.
J.
Developers shall use an authorized on-site evaluation (AOSE) to conduct
the soil evaluations, layouts and sewage designs for each lot. Drainage
fields for all on-site septic or sewage systems shall have a reserve
area equal to 50% of the required and permitted drainage field upon
which no structure may be constructed.
