The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
- The representative of the Town Council appointed by it to serve as its agent in approving the subdivision plans.
- A permanent service way providing a secondary means of access to abutting properties.
- Is considered to be followed by the words "or disapprove."
- BUILDING LINE
- The distance which a building is from the front lot line or front boundary line.
- The Planning Commission of the county.
- A street with only one outlet and having an appropriate turnaround for a safe and convenient reverse traffic movement.
- An owner of property being subdivided, whether or not represented by an agent.
- DISTANCES AND AREAS
- Refers to measurement in a horizontal plane.
- A grant by a property owner of the use of land for a specific purpose or purposes.
- An engineer licensed by the state.
- HEALTH OFFICER
- The health director or sanitarian of the county.
- HIGHWAY ENGINEER
- The resident engineer employed by the State Department of Transportation.
- 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 for a single building and its accessory buildings. The word "lot" includes the word "parcel."
- LOT, CORNER
- 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.
- LOT, DEPTH OF
- The mean horizontal distance between the front and rear lot lines.
- LOT, DOUBLE FRONTAGE
- An interior lot having frontage on two streets.
- LOT, INTERIOR
- A lot other than a corner lot.
- LOT OF RECORD
- A lot which has been recorded in the office of the clerk of the appropriate court.
- LOT, WIDTH OF
- The mean horizontal distance between the side lot lines.
- Includes the term "map," "plan," "plot," "replat" or "replot," and means 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 tract, lot, parcel or several of the same collected together for the purpose for subdividing.
- The principal means of access to abutting properties.
- STREET, MAJOR
- A heavily traveled thoroughfare or highway that carries a large volume of through traffic or anticipated traffic exceeding 500 vehicles per day.
- STREET OR ALLEY, PUBLIC USE OF
- The unrestricted use of a specified area or right-of-way for ingress and egress to two or more abutting properties.
- STREET, OTHER
- 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.
- STREET, SERVICE DRIVE
- 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.
- STREET WIDTH
- The total width of the strip of land dedicated or reserved for public travel, including roadway, curbs, gutters, sidewalks and planting strips.
- A. To divide any tract, parcel or lot of land into two or more parts, either of which is five acres or less; except, that the term "to subdivide" shall not include a bona fide division or partition of agricultural land for agricultural purposes or for the building site for members of the family owning any such agricultural lands.
- B. The agent may, however, permit the separation of one parcel from a tract of land without complying with all requirements of this chapter if (1) it is not in conflict with the general meaning and purpose of this chapter; (2) no new streets are required to serve the parcel; (3) it is at least 25,000 square feet in area; (4) it has not less than 115 feet of road frontage; however, in no instance shall a variance be granted to this chapter which would permit roads to be constructed to less than minimum highway standards.
- C. The word "subdivide" and any derivative thereof shall have reference to the term "subdivider" as defined in this section.
- 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.
- THIS CHAPTER
- Includes all ordinances amending or supplementing this chapter.
The purpose of this chapter is to establish certain subdivision standards and procedures for the Town and such of its environs as come under the jurisdiction of the governing body, as provided for by the Code of Virginia, as amended. These are part of long-range plans to guide and facilitate the orderly beneficial growth of the community and to promote the public health, safety, convenience, comfort, prosperity and general welfare. More specifically, the purposes of these standards and procedures are to provide a guide for the change that occurs when lands and acreage become urban in character as a result of development for residential, business or industrial purposes; to provide assurance that the purchasers of lots are buying a commodity that is suitable for development and use; and to make possible the provision of public services in a safe, adequate and efficient manner. Subdivided land sooner or later becomes a public responsibility in that roads and streets must be maintained and numerous public services customary to urban areas must be provided. This chapter assists the community in meeting these responsibilities.
State law references: Purpose of subdivision ordinance, Code of Virginia, § 15.2-2240; police jurisdiction over lands, buildings and structures, Code of Virginia, § 15.2-1124.
No person shall subdivide any tract of land that is located within the Town, as defined in article 7 of the Virginia Planning Act (Code of Virginia, § 15.2-2240 et seq.), except in conformity with the provisions of this chapter.
This chapter bears no relation to any private easement, covenant, agreement or restriction, nor is the responsibility of enforcing such private easement, covenant, agreement or restriction implied in this chapter to any public official. When this chapter calls for more restrictive standards than are required by private contract, the provisions of this chapter shall control.
There is mutual responsibility between the subdivider and the Town to divide the land so as to improve the general use pattern of the land being subdivided.
The agent shall not approve the subdivision of land if, by adequate investigations conducted by the Town Manager, County Health Department and State Department of Transportation, it has been determined that in the best interest of the public the site is not suitable for platting and development purposes of the kind proposed.
Land subject to flooding and land deemed to be topographically unsuitable shall not be platted for residential occupancy, nor for such other uses as may increase danger of 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 periodic or occasional inundation or shall not produce conditions contrary to public welfare.
A subdivider when advertising a subdivided tract of land for sale shall be specific as to whether officially approved water and sewer facilities are available or not.
Where the subdivider can show that a provision of this chapter would cause unnecessary hardship if strictly adhered to or where, because of topographical or other conditions peculiar to the site, in the opinion of the agent, a departure may be made without destroying the intent of such provisions, the agent may authorize an exception. Any exception thus authorized is to be stated in writing in the report of the agent with the reasoning on which the departure was justified set forth. No such variance may be granted by this chapter which is opposed in writing by the county or highway engineer or health officer.
State law reference: Authority for exceptions to subdivision ordinance, Code of Virginia, §§ 15.2-2241 et seq.
This chapter may be amended in whole or in part by the governing body; provided that any such amendment shall either originate with or be submitted to the commission for recommendation; and further provided that no such amendment shall be adopted without a public hearing having been held by the governing body. Notice of the time and place of the hearing shall have been given at least once a week for two weeks and the last notice not less than five nor more than 21 days prior to the hearing.
State law references: Advertisements relating to planning ordinances and amendments, Code of Virginia, § 15.2-2204; preparation and adoption of amendments to subdivision ordinance, Code of Virginia, § 15.2-2253.
Any person violating the provisions of this chapter shall be subject to a fine of not more than $500 for 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 penalty or from the remedies provided in this chapter.
State law reference: Similar provisions, Code of Virginia, § 15.2-2254.