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.