This chapter shall be known and may be cited
as the "City of Colonial Heights Subdivision Regulations" or simply
as the "Subdivision Chapter."
[Amended 10-21-1981 by Ord. No.
81-45; 2-9-1982 by Ord. No. 81-57]
For the purposes of this Chapter, the following
words and phrases shall have the meanings respectively ascribed to
them in this section, except in those instances where the context
clearly indicates a different meaning:
A permanent service way providing a secondary means of access
to abutting properties.[1]
The distance which any part of a building is from the front
lot line or front boundary line.
The City Planning Commission.
[Amended 7-12-2016 by Ord. No. 16-15]
Any person who contracts with a developer or owner for the
installation of improvements in a subdivision.
A street with only one outlet and having an appropriate turnaround
for a safe and convenient traffic movement.
An owner of property being subdivided, whether or not represented
by an agent.
The Director of the Department of Public Works.
[Added 7-12-2016 by Ord.
No. 16-15]
A grant by a property owner of the use of land for a specific
purpose.
An engineer or surveyor authorized to practice his profession
under state law.
The City Council.
The health officer or sanitarian having jurisdiction in the
city.
The area or territory subject to the legislative control
of the City Council.
A numbered and recorded portion of a subdivision, intended
for transfer of ownership or for building development for a single
building and its accessory buildings, if any.
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 panhandle or flag-shaped lot with its widest point (called
the “flag”) set back from the road at the rear of another
lot, and having a thin strip of land (called the “pole”)
connecting to the road to provide legal access and frontage.
[Added 5-6-2008 by Ord. No. 08-2]
A lot other than a corner lot.
A lot of such a shape or configuration that technically meets
the area, frontage and width to depth requirements of this chapter
but meets these requirements by incorporating unusual elongations,
angles, curvilinear lines unrelated to topography or other natural
land features.
[Added 5-6-2008 by Ord. No. 08-2]
A lot which has been recorded in the office of the Clerk
of the appropriate court.
The mean horizontal distance between the side lot lines.
The mean shall consist of the straight line horizontal distances of
the front and rear lot lines and the distance of a line connecting
the midpoints of the side lot lines. Provided, however, that for a
flag-lot, no part of the pole shall be considered in calculating such
distances.
[Amended 5-6-2008 by Ord. No. 08-2]
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 term "plat" includes but is not limited to "map,"
"plan," "plot," "replat" and "replot."
Any tract, lot, parcel or several of the same collected together
for the purpose of subdividing.
The principal means of access to abutting properties.
The unrestricted use of a specified area or right-of-way
for ingress and egress to two or more abutting properties.
A heavily traveled thoroughfare or highway that carries a
large volume of through traffic or anticipated traffic exceeding 500
vehicles per day.
A street that is used primarily as a means of public access
to the abutting properties, with anticipated traffic of less than
500 vehicles per day.
A public right-of-way generally parallel and contiguous to
a major highway, primarily designed to promote safety by eliminating
promiscuous ingress and egress to the right-of-way by providing safe
and orderly points of access to the highway.
The total width of the strip of land dedicated or reserved
for public travel, including roadway, curbs, gutters, sidewalks and
planting strips.
The process of dealing with land so as to establish a subdivision.
The person holding legal title to land and who subdivides
it.
A division, subdivision or resubdivision of a lot, tract
or parcel of land situated wholly or partly within the corporate limits
of the City into two or more lots, tracts or parcels of land for the
purpose, whether immediate or in the future, of transferring ownership
of any one or more of such lots, tracts or parcels of land, or for
the purpose of the erection of buildings or other structures on any
one or more of such lots, tracts or parcels of land. The word "subdivision"
shall not include:
A division of land for agricultural purposes
in parcels of one acre or more, the average width of which is not
less than 150 feet, when such division:
Does not require the opening of any new street
or the use of any new public easement of access;
Does not obstruct or is not likely to obstruct
natural drainage;
Does not adversely affect or is not likely to
adversely affect the establishment of any expressway, major street,
primary highway or toll road; or
Does not adversely affect the execution or development
of any plat or subdivision approved by the Commission or otherwise
adversely affect the orderly subdivision of contiguous property, provided
that such parcel or parcels shall front on an existing road or street.
The partition of lands by will or by action
of a court of competent jurisdiction unless or until development of
the land is proposed.
A bona fide division of a tract of land made
so that one or more of the resulting parcels may be used for public
utility, transmission lines, storage tanks, conduits, meters, etc.,
or public right-of-way purposes, provided that no parcel resulting
from such a division may be used as a building site or transferred,
for other than such purposes, without subdivision approval.
The adjustment or movement of any boundary line between any two existing lots or parcels of record. Prior to the sale, exchange or transfer of title of any parcel under this provision, a plat showing the proposed lot layout must be submitted to the Director of Planning and Community Development for review and approval in accordance with § 250-26 of this Chapter and thereafter duly recorded in the office of the Clerk of the Circuit Court of the City of Colonial Heights.
[Amended 7-12-2016 by Ord. No. 16-15]
[1]
Editor’s Note: The definition of "agent," which immediately
preceded this definition, was repealed 7-12-2016 by Ord. No. 16-15.
[Amended 7-12-2016 by Ord. No. 16-15]
The regulations and restrictions set out in
the following sections and articles of this Chapter are hereby adopted
in order to provide for the orderly division, subdivision, resubdivision
or development of land within the corporate limits of the City, for
the preservation of the safety, health, peace, good order, comfort,
convenience, morals and welfare of its inhabitants, pursuant to the
provisions of Article 6 of Chapter 22 of Title 15.2 of the Code of
Virginia.
[1]
Editor’s Note: Former § 250-4, Administration;
agent designated, was repealed 7-12-2016 by Ord. No. 16-15.
[Amended 7-12-2016 by Ord. No. 16-15]
Every subdivider shall cause a preliminary plat of the subdivision
to be prepared in accordance with the regulations and restrictions
of this Chapter and shall submit 10 copies of the plat in black-line
print to the Director of Planning and Community Development, who shall
provide an appropriate number of copies to the Commission for its
approval. In lieu of copies of the plat in black-line print, the subdivider
may submit electronic copies of the plat.
No lot, tract or parcel of land, or any part
thereof, subject to inundation shall be divided or subdivided for
the use of buildings or structures erected thereon for dwelling or
residential purposes or uses.
[Amended 7-12-2016 by Ord. No. 16-15]
Subject to the relevant provisions in the Code of Virginia,
the Commission may require subdividers to submit to it such preliminary
information and data with respect to the subdivision of land before
any work is done thereon or with respect thereto, in such manner and
form and at such times as it may deem necessary and prescribe in order
to approve plats of the subdivision. The Commission shall approve
preliminary plans or plats of subdivision conditioned upon full compliance
with the regulations and restrictions of this Chapter.
[Amended 7-12-2016 by Ord. No. 16-15]
No person shall subdivide land within the City without making
and recording a final plat of such subdivision and without fully complying
with the provisions of this Chapter. No such final plat of subdivision
shall be recorded unless and until it shall have been submitted, approved
and certified by the Director in accordance with this Chapter's
regulations. No lot shall be sold or transferred in any such subdivision
before the final plat is recorded. The Clerk of the Circuit Court
of the City shall not file or record a final plat of a subdivision
required by this Chapter to be recorded until the Director approves
the plat.
[Amended 7-12-2016 by Ord. No. 16-15]
The Commission or Director may require the subdivider to dedicate
land for public uses, subject to the following regulations:
A.
Subdividers shall not be required to dedicate land
for parks or playgrounds exceeding 3% of the area of the subdivision;
however, such dedicated land shall contain a minimum of 15,000 square
feet with a street frontage not less than 75 feet, exclusive of street
and drainage reservation, without reimbursement by the City. Water
and sewer connections shall be extended two feet behind the curb.
Where land is required in excess of this amount, the reimbursement
by the City shall be based on a proportionate share of:
B.
Subdividers shall not be required to reserve land for public uses
other than streets, drainage, parks and playgrounds, except on a reimbursement
basis. They shall not be required to hold such land proposed for the
City's purchase longer than 12 months following the recording
of the final plat for such purchase. If such land is not purchased
by the City within the 12 months, it may be sold as lots for the same
purposes for which the subdivision was platted. To facilitate the
possible eventual sale of reserved land as separate lots, the subdivider
shall show on his final plat, by dotted lines and dotted numbers,
the sizes 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 reservations, by lot number, without filing an amended
final plat. The Director shall make certain that any such reserved
land is divisible into lots and streets in a manner compatible with
the remainder of the subdivision, so that the subdivider will not
be required to reserve an unusual portion of his subdivision.
[Added 1-8-1985 by Ord. No. 84-52]
A.
The Planning Commission shall have the authority to accept, on behalf of the City of Colonial Heights, easements or other interests in real property for the protection, preservation and maintenance of historically, culturally or architecturally significant areas, landmarks, buildings and structures. No such interest in real property shall be accepted by the Planning Commission unless such property is located within a Historic District established in accordance with Chapter 286, Zoning, of this Code.
B.
Each proposed easement agreement shall address the
following issues:
(1)
The historic, architectural or cultural significance
of the property.
(2)
A map or plat showing the location of the easement
property and surrounding property.
(3)
The alterations, improvements or buildings, if any,
which may or shall be constructed on the proposed easement property,
and the permission necessary to make improvements to or alter the
area.
(4)
The maintenance and preservation of structures or
environmental protection activities, if any, which may or shall occur
on the easement property.
(5)
The restrictions, if any, on the installation or maintenance
of utilities or roads on the easement property.
(6)
The types of archaeological activity which may or
shall occur on the property.
(7)
Provisions and restrictions concerning access to the
easement property.
(8)
Permitted uses or restricted uses of the easement
property.
C.
Nothing contained herein shall be construed to grant
authority to the Planning Commission to condition any other official
action on the proffering of any interest in real property or to revoke
any such authority otherwise granted.
D.
The acceptance of the conveyance by recorded plat
or recorded deed of any interest in real property specifically for
historic, architectural or cultural purposes by the Planning Commission
prior to the effective date of this section shall be and is hereby
ratified.[1]
[1]
Editor's Note: Original Sec. 20-10, entitled
"Variations and exceptions to regulations--Generally," which immediately
followed this section, was repealed 10-9-1979 by Ord. No. 79-45.
[Amended 10-9-1979 by Ord. No. 79-46; 12-9-1986 by Ord. No. 86-35; 10-12-2004 by Ord. No.
04-22; 7-12-2016 by Ord. No. 16-15]
A.
Notwithstanding any other provisions contained in
this Chapter to the contrary, the Planning Commission, as to preliminary
plats, and the Director, as to final plats, may approve alternatives
to the general provisions of this Chapter in cases of unusual situations
or where the strict adherence to these regulations would result in
substantial injustice or hardship. Such alternatives shall not have
the effect of nullifying this Chapter's intent and purpose; and
any alternative shall not be approved unless the subdivider presents
evidence that:
(1)
The granting of the alternative will not be detrimental
to the public safety, health or welfare, or injurious to other property
or improvements in the neighborhood in which the property is located;
(2)
The conditions upon which the request for an alternative
is based are unique to the property for which the alternative is sought,
and are not applicable, generally, to other property;
(3)
Because of the particular physical surroundings, shape
or topographical condition of the specific property involved, a particular
hardship to the owner would result, as distinguished from a mere inconvenience,
if the strict letter of the provisions of this chapter were carried
out; and
(4)
The purpose of the alternative is not based exclusively upon financial
consideration.
|
In approving alternatives, the Planning Commission as to preliminary
plats, and the Director as to final plats, may impose such conditions
specifically related to the impact of the proposed subdivision as
may be deemed necessary to secure substantially the objectives of
this section's standards and requirements.
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B.
For the purposes of this Chapter, a "multiple-ownership subdivision"
shall be treated as if it were situated on one lot within a subdivision
only; provided, however, that it shall be subject to Planning Commission
and Director review, as provided by this Chapter, as to compliance
with this section's provisions.
C.
For this section's purposes, any subdivision which is in accordance
with the following shall be deemed to be a multiple-ownership subdivision:
(1)
Located in the RM Medium Density Residential District or RH High
Density Residential District;
(2)
Constituted in part by land, title to which is vested in common in
all lot owners and which is designated for access and utility service
to all lots, open space and recreation; or
(3)
Governed by an association of all lot, owners in which membership
is mandatory and which would comply in all substantial respects, including
but not limited to recordation, with the requirements for such an
association formed pursuant to Virginia Code, § 55-79.39
et seq., as amended (Condominium Act).
D.
Any instrument's amendment or termination approved by the Director
as demonstrating compliance with the provisions hereof shall be treated
either as a resubdivision subject to the Director's review or
as a vacation, as appropriate.
[1]
Editor’s Note: Former § 250-12, Amendment of chapter,
was repealed 7-12-2016 by Ord. No. 16-15.
It shall be unlawful for any person to subdivide
or transfer or sell any lot, tract or parcel of land within the City
in violation of the provisions of the regulations and restrictions
of this chapter, and every person or subdivider who violates such
regulations or restrictions shall be subject to a fine of not less
than $250 nor more than $500 for each lot, tract or parcel of land
so subdivided and shall be guilty of a misdemeanor subject to a fine
of not less than $500 nor more than $1,000 for each lot, tract, or
parcel of land 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. The City may, notwithstanding
the imposition of any fine in accordance with this section, seek equitable
relief to enjoin any violation of this chapter, in any court of competent
jurisdiction.
