This chapter shall be known and may be cited as the "Subdivision Ordinance of the Town of Louisa, Virginia."
A. 
Generally. Any reference to "this chapter" or to "these regulations" includes all ordinances amending or supplementing the provisions of this chapter, and all distances and areas refer to measurement in a horizontal plane.
B. 
Approve. The word "approve" shall be considered to be followed by the words "or disapproved."
C. 
For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:
AGENT
The representative of the Town Council who has been or shall be appointed to serve as the agent of the Council in approving the subdivision plats and may be the Planning Commission of the Town.
ALLEY
A permanent service way providing a secondary means of access to abutting properties.
BUILDING LINE
The distance which a building is from the front lot line or front boundary line, with eaves or other projections to be construed as the building.
CENTRAL SEWERAGE SYSTEM
Any system of collection and treatment of sewerage (as defined by the rules and regulations of the Board of Health of Virginia governing the disposal of sewerage) serving two or more connections, whether the system is privately or publicly owned and operated.
CENTRAL WATER
Any water supply and distribution system, whether privately or publicly owned and operated, serving more than two individual connections.
COMMISSION
The Planning Commission of the Town, which may also be the agent.
CUL-DE-SAC
A street with only one outlet and having an appropriate turnaround for a safe and convenient reverse traffic movement.
DEVELOPER
An owner of property being subdivided, whether or not represented by an agent.
EASEMENT
A grant by a property owner of the use of land for a specific purpose or purposes.
ENGINEER
An engineer licensed by the Commonwealth of Virginia.
GOVERNING BODY
The Town Council of the Town of Louisa, Virginia.
HEALTH OFFICER OR OFFICIAL
The Director of the Thomas Jefferson Health District or the Director’s authorized representative or any other public health officer having jurisdiction within the Town by authority of state law or that officer’s duly authorized representative.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
HIGHWAY ENGINEER
The resident engineer employed by the Virginia Department of Transportation.
JURISDICTION
The area or territory subject to the legislative control of the governing body.
LOT
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, and the word "lot" includes the word "parcel."
LOT OF RECORD
A lot which has been recorded in the office of the Clerk of the appropriate Court.
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, WIDTH OF
The mean horizontal distance between the side lot lines at the street line or lines.
PLAT
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."
PROPERTY
Any tract, lot, parcel or several of the same collected together for the purpose of subdividing.
STREET
Highway, street, avenue, boulevard, road, lane, alley or any public way. However, if the deed conveying such land being divided specifically states that any such street being granted or reserved to serve the parcel of land being divided is to be a private road not being dedicated to the public use and is not expected to become a part of the state highway system or to be served with public school buses, then such private street shall not be deemed a "street" as used in the hereinafter definition of "subdivision."
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 WIDTH
The total width of the strip of land dedicated or reserved for public travel, including roadways, curbs, gutters, sidewalks and planting strips.
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, OTHER
A street that is used primarily as a means of public access to the abutting properties with anticipated traffic of fewer 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.
SUBDIVIDER
Any person 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 or who has or 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.
SUBDIVISION
The division of a parcel of land into three or more lots or parcels of less than five acres each for the purpose of transfer of ownership or building development or, if a new street is involved in such subdivision, any division of a parcel of land. The term includes resubdivision and, when appropriate to the context, shall relate to the process of subdividing or to the land subdivided; except, however, that:
(1) 
A parcel or parcels may be separated from a tract of land without complying with the requirements of this chapter if it is an area less than stipulated in § 143-29, provided that the small parcel is to become a permanent part of a larger tract.
(2) 
The term "subdivision" shall not include a bona fide division or partition of agricultural land for agricultural purposes or timber land for timber purposes.
(3) 
Real property which passes in the estate of a decedent and pursuant to which passage either a court-ordered partition or a bona fide partition in kind by agreement occurs shall be exempted from the requirements of this chapter as to the original partition, except that such division shall not create any parcel with less area than that required for R-L zoning.
SURVEYOR
A certified land surveyor licensed by the Commonwealth of Virginia.
A. 
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 by Chapter 22, Article 6 (Land Subdivision and Development), of Title 15.2 of the Code of Virginia.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
B. 
The provisions of this chapter are a part of a long-range plan 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 purpose of these standards and procedures is 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 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.
This chapter is hereby adopted for the subdivision of land within the jurisdiction of the Town of Louisa, Virginia, and from and after December 7, 1966, every owner or proprietor of any tract of land to which these regulations apply who subdivides such tract as provided in these regulations shall cause a plat of such subdivision, developed and prepared in accordance with these regulations, with reference to known or permanent monuments, to be made and recorded in the office of the Clerk of the Court wherein deeds conveying such land are required by law to be recorded.
A. 
The agent appointed by the governing body is hereby delegated to administer this chapter. In so doing, the agent shall be considered the agent of the governing body, and approval or disapproval by the agent shall ordinarily constitute approval or disapproval as though it were given by the governing body, but all plats of subdivision submitted hereunder shall receive the final approval of the governing body before being recorded.
B. 
In the event that a plan for subdivision is disapproved by the agent, the subdivider may, within 30 days of notice of this disapproval, appeal to the governing body, which may then approve or disapprove the plat without regard to the approval or disapproval by the agent.
A. 
The agent shall perform its duties in regard to subdivisions or proposed subdivisions and subdividing of land in accordance with this chapter and the laws of Virginia pertaining thereto.
B. 
In the performance of its duties, the agent may call for opinions or decisions, either verbal or written, from other departments serving the Town, whether state or local and including, particularly, the Highway Engineer and the Health Officer.
C. 
In addition to the regulations herein contained for the platting of subdivisions, the agent may from time to time establish any reasonable additional administrative procedures deemed necessary for the proper administration of this chapter, but subject always to the approval of the governing body.
A subdivider, when advertising a subdivided tract of land for sale, shall be specific as to the following items:
A. 
Whether officially approved water and sewage facilities are available or not.
B. 
The amount of officially approved water available to each lot purchaser in terms of gallons per day.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
Where the subdivider can show that a provision of the standards of this chapter 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 exception may be granted by the agent which is opposed, in writing, by the Town or Highway Engineer or Health Officer. Such official is to be notified by the agent 10 days prior to the approval of subdivision plat.
A. 
Notice of appeal shall be filed, in writing, by the subdivider in the office of the Town Clerk within 30 days of the date of disapproval by the agent, which notice shall state the name of the subdivider, the number of acres to be subdivided, the number of lots contained within the subdivision and the reasons the subdivider alleges the agent's action to be improper. A copy of such notice shall be mailed forthwith by the appealing party to each of the members of the governing body and the attorney for the Town. The notice shall be signed by the subdivider or his representative.
B. 
After receiving notice of the appeal, the Chairman of the governing body shall schedule a time for a hearing on such appeal before the governing body, at which time the merits of the subdivider's request shall be considered by the governing body. The Clerk of this Town shall give five days' written notice to the subdivider and his representative of the time and place scheduled for the hearing.
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 at least six days prior to the hearing.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
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 shall be required to comply with all provisions of this chapter, 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 or from the remedies herein provided.