All land development requiring submission and approval of a subdivision application under the provisions of this chapter shall conform with the Frederick County Comprehensive Plan, the Frederick County Code and the requirements of this chapter. This chapter establishes regulations governing the minimum requirements for the submission, review, disposition and recordation of subdivision development plans and subdivision plats. Design standards and installation procedures for all required improvements are provided, along with requirements for the layout and arrangement of all lots, streets, easements and drainage areas. All requirements of this chapter shall be complied with throughout the development process. No subdivision of land shall be recorded or land development occur without conforming with the requirements of this chapter.
[Amended 5-22-1996; 9-26-2012]
A Subdivision Administrator shall be appointed by the Board of Supervisors and entrusted to enact, administer and enforce the requirements of this chapter. The Subdivision Administrator shall have the powers and duties specified in this chapter as authorized by the Board of Supervisors. The Subdivision Administrator is authorized to administratively approve or disapprove all divisions of land in the RA Rural Areas District and all divisions of land in all other zoning districts that are within an approved master development plan. The Subdivision Administrator shall have the authority to forward any division of land, subdivision design plan or final plat to the Board of Supervisors for final approval.
The Subdivision Administrator shall have the authority to make interpretations concerning the application of the requirements of this chapter. Any person aggrieved by an interpretation made by the Subdivision Administrator may appeal that interpretation to the Board of Supervisors, with a recommendation from the Planning Commission. Variations in or exceptions to the provisions of this chapter may be granted by the Board of Supervisors in cases of unusual situations or when strict adherence to the general regulations would result in substantial injustice or hardship.
[Amended 10-10-2001]
All land divisions requiring subdivision approval shall conform to the provisions of this chapter. Any person(s), firm or corporation, whether owner, lessee, principal, agent, employee or otherwise, who violates any provision of this chapter shall be guilty of a misdemeanor. Upon conviction of such misdemeanor, such person(s), firm or corporation shall be subject to punishment by a fine of not more than $500 for each lot or parcel of land so subdivided, transferred or sold. The description of the 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 the penalties or remedies herein provided.
[Amended 11-12-2003]
This chapter may be amended in part or in its entirety through the initiative of the Planning Commission or at the request of the Board of Supervisors. No amendment shall be adopted without a public hearing being held by the Board of Supervisors, pursuant to public notice as required by § 15.2-2204 of the Code of Virginia.
The Board of Supervisors, by resolution, may establish a schedule of fees for the application, review and inspection of subdivision plans. A public hearing shall be required prior to the adoption of a schedule of fees.