[The County Comprehensive Plan is on file in the County offices.]
[Adopted 9-3-1996; amended in its entirety 10-5-2009]
This article is intended to guide and facilitate the orderly
and beneficial growth of Buchanan County and to promote the public
health, safety, convenience, comfort, prosperity and general welfare
of the County. Subdivided land sooner or later becomes a public responsibility
in that roads and streets must be maintained. This article assists
the community in meeting these responsibilities.
This article is known and is to be cited as the "Subdivision
Ordinance of Buchanan County, Virginia."
As used in this article, the following terms shall have the
meanings indicated. Reference is made to the VDOT Secondary Street
Acceptance Requirements and Subdivision Street Design Guide (effective
July 1, 2009) for definitions of street and road categories.
SUBDIVISION
A.
Any tract, lot or parcel of land or portion thereof designated
to be subdivided into four or more parcels of five acres or less for
the purpose of transfer of ownership or for building development,
including all changes in street or lot lines and the creation of any
new street or easement. The following shall not be considered a subdivision:
(1)
The sale or exchange of adjacent property between adjoining
lot owners, where such sale or exchange does not create additional
building sites.
(2)
A division of land for agricultural, mining or timbering purposes.
(3)
The voluntary or involuntary partition of undivided interests
in land among co-owners; however, if any new easements or streets
are created by such divisions, it shall be subject to review by the
Board of Supervisors or its designated agent.
(4)
The partition of lands by a recorded will or the division of
land for cemetery plots.
(5)
A division of land for a building site for members of the immediate
family owning such land, in accordance with § 15.2-2244,
Code of Virginia.
B.
RESUBDIVISIONFurther division of any lot, tract or parcel of an approved subdivision, whether or not by the original developer, shall also be considered to be a subdivision.
A subdivider, when advertising a subdivided tract of land for
sale, shall be specific as to whether officially approved public water
and sewage facilities are provided.
Where the subdivider can show that a provision of these standards
would cause unnecessary hardship if strictly adhered to and 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 article
which is opposed, in writing, by the County or Highway Engineer or
hearing official.
Any person violating the foregoing provisions of this article
shall, upon notification, in writing, by the Board of Supervisors
or its designated agent, be subject to a fine of not more than $100
per month for each lot or parcel of land so subdivided or transferred
or sold until such person shall have complied with the provisions
as set forth in this article. 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.
Subdivider or developer may apply to the Planning Commission for the
partial and/or complete release of bonds, escrows, letters of credit
or other performance guarantees; the Planning Commission shall make
a recommendation to the Board of Supervisors as to whether such partial
and/or complete releases should be granted.