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Northumberland County, VA
 
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The following regulations are hereby adopted for the subdivision of land within unincorporated portions of Northumberland County, and from and after the effective date of this chapter, 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 Circuit Court, wherein deeds conveying such land are required to be recorded.
The purpose of this chapter is to establish certain subdivision standards and procedures for Northumberland County, Virginia. These 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 subdivided as a result of development for single-family dwellings, 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.
This chapter is known and may be cited as the "Subdivision Ordinance of Northumberland County, Virginia."
A. 
Word usage. Words in the present tense include the future, words in the singular number include the plural and the plural the singular, unless the natural construction of the words indicates otherwise; the word "lot" includes the word "parcel"; the word "shall" is mandatory and not directory; the word "approved" shall be considered to be followed by the words "or disapproved," and reference to this chapter includes all ordinances amending or supplementing the same; all distances or areas refer to measurement in a horizontal plane.
B. 
Definitions For the purpose of this chapter, certain words and terms used herein shall be interpreted or defined as follows:
ALLEY
A permanent service way providing a secondary means of access to abutting properties.
BLOCK
An area enclosed by adjacent and usually intersecting streets.
BUILDING LINE
The distance which a building is from the front line or front boundary line.
COUNTY
Northumberland County, Virginia.
CUL-DE-SAC
A street with only one outlet and having an appropriate turnaround for a safe and convenient reverse traffic movement.
EASEMENT
A grant by a property owner of the use of land for a specific purpose or purposes.
ENGINEER
A civil or highway engineer licensed by the Commonwealth of Virginia.
FEES
The imposition of reasonable fees and charges by the Board of Supervisors for the review of plats and plans and for the inspection of facilities required to be installed.
GOVERNING BODY
The Board of Supervisors of the County.
HEALTH OFFICIAL
The health director or sanitarian serving the County.
HIGHWAY ENGINEER
The resident engineer employed by the Virginia Department of Transportation.
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.
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.
OWNER
An owner of property being subdivided, whether or not represented by an agent.
PLAT OF SUBDIVISION
The schematic representation of land divided or to be divided.
PROPERTY
Any tract, lot, parcel or several of the same adjacent to each other for the purpose of subdividing.
STREET
The principal means of access to abutting properties.
STREET, CONNECTING
Such street as may be necessary to connect one or more subdivision streets to a public street.
STREET OR ALLEY, PUBLIC USE OF
The unrestricted use of a specific area or right-of-way for ingress and egress to two or more abutting properties.
STREET, SERVICE DRIVE
A public right-of-way generally parallel and contiguous to a major highway, primarily designated 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.
SUBDIVIDE
The division of a parcel of land into three or more lots or parcels (for the purpose of this chapter, one division creates two lots or parcels, two divisions creates three or more parcels, etc.) for the purpose of transfer of ownership or building development, except that:
(1) 
The division of land into nine or less lots or parcels shall not be considered a subdivision, provided that:
(a) 
No further division is allowed unless complete subdivision regulations are met.
(b) 
No division of land shall result in the creation of a nonconforming lot or lots as set forth in Chapter 148, Zoning, and Chapter 54, Chesapeake Bay Preservation Area.
(c) 
A plat of each lot, prepared by a surveyor, must be recorded in the Clerk's office of the Circuit Court, approved by the Subdivision Agent for meeting the requirements of this section. The dedicated right-of-way, as shown on the plat for the access road and roads within the division, must meet the Virginia State Department of Transportation's requirements for width, alignment, sight distance and drainage, as certified by the Department of Transportation's Highway Engineer, unless the Board of Supervisors grants an exception.
(d) 
Deed restrictions and plats for each lot must specify that the County and state will not be responsible for any costs involved in having the roads brought up to state specifications for acceptance into the State Secondary System of Highways and must indicate whether or not the right-of-way meets each of the existing State Department of Transportation requirements for acceptance into the secondary system.
(e) 
An all-weather road with a surface of at least four inches of bank run material or the equivalent with two inches of crushed run gravel (blue stone) or the equivalent must be completed to each lot within 60 days of closing sale of such lot with a road surface, not including the shoulders or ditches, must be at least 18 feet wide. Adequate soil erosion and sedimentation control measures must be taken during road construction according to approved plans.
(f) 
Lots shall be arranged, designed, shaped and contiguous in order to provide satisfactory and desirable sites for buildings. Lots shall not contain peculiarly shaped elongations solely to provide necessary square footage of area which would be unusable for normal purposes unless approved by the governing body.
(g) 
The Agent shall not approve any division of land for residential building purposes where sanitary sewers are not provided until the Agent has received, in writing, from the Health Official a statement to the effect that each lot proposed in the division is satisfactory for the installation of septic tanks and drainfields as well as a 100% reserve drainfield replacement area for each drainfield, and that such approval by the Agent is only with the understanding that where septic tanks are to be installed, these must be approved on an individual lot basis by the Health Official.
(h) 
A benchmark must be located in or near any division of land that is adjacent to any floodplain, approved by the Agent for location and delineated on the plat with reference to the location and elevation.
(2) 
The division of land into lots or parcels, all of which are two acres or more in size (excluding all street rights-of-way and off-site sewage easements) and do not exceed 25 in total number, shall not be considered a subdivision, provided that:
(a) 
No further division into less than two acres is allowed unless complete subdivision regulations are met.
(b) 
No division of land shall result in the creation of a nonconforming lot or lots as set forth in Chapter 148, Zoning, and Chapter 54, Chesapeake Bay Preservation Area.
(c) 
A plat of each lot, prepared by a surveyor, must be recorded in the Clerk's office of the Circuit Court approved by the Subdivision Agent for meeting the requirements of this section. The dedicated right-of-way, as shown on the plat for the access road and roads within the division, must meet the Virginia State Department of Transportation's requirements for width, alignment, sight distance and drainage, as certified by the Department of Transportation's Highway Engineer, unless the Board of Supervisors grants an exception.
(d) 
Deed restrictions and plats for each lot must specify that the County and state will not be responsible for any costs involved in having the roads brought up to state specifications for acceptance into the State Secondary System of Highways, and must indicate whether or not the right-of-way meets each of the existing State Department of Transportation requirements for acceptance into the secondary system.
(e) 
An all-weather road with a surface of at least four inches of bank run material or the equivalent with two inches of crushed run gravel (blue stone) or the equivalent must be completed to each lot within 60 days of closing sale of such lot with a road surface, not including the shoulders or ditches, must be at least 18 feet wide. Adequate soil erosion and sedimentation control measures must be taken during road construction according to approved plans.
(f) 
Lots shall be arranged, designed, shaped and contiguous in order to provide satisfactory and desirable sites for buildings. Lots shall not contain peculiarly shaped elongations solely to provide necessary square footage of area which would be unusable for normal purposes unless approved by the governing body.
(g) 
The Agent shall not approve any division of land for residential building purposes where sanitary sewers are not provided until the Agent has received, in writing, from the Health Official a statement to the effect that each lot proposed in the division is satisfactory for the installation of septic tanks and drainfields as well as a 100% reserve drainfield replacement area for each drainfield, and that such approval by the Agent is only with the understanding that where septic tanks are to be installed, these must be approved on an individual lot basis by the Health Official.
(h) 
A benchmark must be located in or near any division of land that is adjacent to any floodplain, approved by the Agent for location and delineated on the plat with reference to the location and elevation.
(3) 
A division of a lot or parcel for the purpose of sale or gift, by deed or will to a member of the immediate family of the property owner, shall not be considered a subdivision. Only one such division shall be allowed per family member and shall not be for the purpose of circumventing this chapter. For the purpose of this subsection, a member of the immediate family is defined as any person who is a natural or legally defined offspring, spouse, sibling, grandchild, grandparent, parent, aunt, uncle, niece, or nephew of the owner.
[Amended 10-11-2007]
(4) 
Divisions ordered by a court of competent jurisdiction.
(5) 
Divisions made to establish rights-of-way, boundary lines, well lots, common areas and remote drainfield lots.
SUBDIVIDER
An individual, corporation, developer or registered partnership owning any tract or lot of land to be subdivided, or a group of two or more persons owning any tract or lot of land to be subdivided, and any individual who has received power of attorney or authority to act on the behalf of the owners in planning, negotiating for, in representing or executing the legal requirements of the subdivision.
SUBDIVISION AGENT or AGENT
The representative of the Board of Supervisors of Northumberland County who has been appointed to serve as the Agent of the Board in the approving of subdivisions plats and/or any assistant similarly appointed to serve as the Agent of the Board for such purpose when the Agent is unable to serve.
SURVEYOR
A certified land surveyor licensed by the Commonwealth of Virginia.